Order, Senators. The Senate Majority Leader, you can proceed to lay the Papers.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday 8th August, 2018- REPORT ON THE FINANCIAL STATEMENTS OF LAMU COUNTY EMERGENCY FUND FOR FY 2016/2017 Report of the Auditor-General on the Financial Statements of the Lamu County Emergency Fund for the year ended 30th June, 2017. REPORT ON THE FINANCIAL STATEMENTS OF LAMU COUNTY EMERGENCY FUND FOR FY 2015/2016 Report of the Auditor-General on the Financial Statements of Lamu County Emergency Fund for the year ended 30th June, 2016. REPORT ON THE FINANCIAL STATEMENTS OF MALINDI WATER AND SEWERAGE COMPANY FOR FY 2016/2017 Report of the Auditor-General on the Financial Statements of the Malindi Water & Sewerage Company Limited for the year ended 30th June, 2017. 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.

Chairperson, Committee on County Public Accounts and Investment.

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

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

Proceed, Sen. M. Kajwang’.

Mr. Speaker, Sir, I wish to take this opportunity to join you in welcoming the students from Makini School in Kisumu County, who have come to visit Parliament. I am one of the Senators who represent a region that borders Kisumu County where these pupils come from. However, I am under no illusion that all the pupils hail from Kisumu County. I believe that they have just chosen Kisumu as an ideal location for their education. I also believe that these students are a representation of the entire country. Mr. Speaker, Sir, I want to urge the students sitting in the Public Gallery that Kisumu City is a wonderful place, but the brand that it has obtained in the past, sometimes casts it in a partisan manner. I want these students to be the ambassadors for Kisumu City and grow up being true Kenyans. I want them to be able to tell the story that, even though they went to school in Kisumu City, they have the mentality of a Kenyan, a true African and a global citizen. I want to encourage them in their studies. I also want to encourage their teachers and congratulate them for the good job they have done to elevate the brand of Makini School. Many of us here would want to take our children to Makini School, but a few of us might not be able to afford. You may share that message of making Makini School a little bit affordable for some of us, so that our boys and girls can also join you. Welcome and congratulations for the good results that you have posted in the past. Thank you, Mr. Speaker, Sir.

Proceed, Sen. Nyamunga.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to welcome the students from Makini School. Being one of the Senators from Kisumu County, I am very delighted to have them here. Secondly, I must let the House know – much as you know – that Makini School is one of the top schools in this country. It is a private school that is run very well by a fellow woman, who has excelled in doing many things. 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 join you in welcoming the students from Makini School, which is a brand name in Kenya. It is well known because of performance. They have had a good reputation over the years, proved to be a school that delivers excellence and work very hard. I know this because my daughter, many years ago - she is now 26 years - went to Makini School.

Order, Members! Let us consult in low tones.

Mr. Speaker, Sir, as a former parent of the School, I know that the School does a good job. I wish to also congratulate Dr. Okello for the work that she has done in education. She started this as a dream in Nairobi and it has now moved to Kisumu County. I hope that the school will open more branches across the country, so that people can begin and continue to reap from this. This is the Senate of Kenya. I believe that the students were briefed about what we do as they came into the House. We are happy that they are here this afternoon to watch the debate that we have in the Senate that concerns counties and developing them. They have also heard that within this House, there are representatives from each of the counties, including Senators from counties where they come from. So, it is our business here to ensure that devolution works because the Senate exists for the counties and to ensure that the interests of counties are taken into consideration. Welcome to the Senate this afternoon.

Thank you, Mr. Speaker, Sir, for allowing me to join you in welcoming the students from Makini School. I am glad that we have these young men and women and our future leaders with us. Makini School is well known and we are proud of the school together with all the teachers and the support team who are there. My prayer is that you will grow up with the mind of having one nation under one God. I know Dr. Okello, who is a church canon like me. She has invested a lot in education and is a good role model. It is my prayer that the legacy that she is putting in place will be followed by all the young ones both in Nairobi and Kisumu. We have children from all over the country and it is good that they know the responsibility that is ahead of them. Let them grow so that, in future, we will have responsible people leading this nation. We will have people who are passionate in building the nation and bringing unity. Thank you and welcome.

Chairperson of the Committee on County Public Accounts and Investments, proceed. 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 Senate today, Wednesday 8th August, 2018- Report of the Sessional Committee on County Public Accounts and Investments on the inquiry into possible loss of funds through the acquisition of Land LR. No.7879/4 (part) by the National Land Commission (NLC), for use by two public schools (Ruaraka High School and Drive-In Primary School), Nairobi City County. Thank you.

Let us move on to the next Order.

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Sessional Committee on County Public Accounts and Investments on the inquiry into possible loss of funds through the acquisition of Land, LR.No.7879/4 (part) by the National Land Commission, for use by two public schools (Ruaraka High School and Drive-In Primary School), Nairobi City County, laid on the Table of the House, today, Wednesday 8th August, 2018.

Order, Members. The Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries should give us a report. Where is the Chairperson, Vice Chairperson or any Member of this Committee?

The next two Statements are still by the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I do not see Sen. Orengo. However, I know that my secretariat has alerted him that tomorrow we have a meeting with five Cabinet Secretaries (CSs) over related issues around the Migingo Island debacle. I know that everybody wants us to get to some finality and closure on the issue. So, we have invited him to attend the Committee meeting tomorrow. I think the Senators from around the area should also attend as we discuss this issue. We will then bring a report.

Okay. That also applies to the Statement requested by Sen. (Prof.) Ekal.

Hon. Senators, all Statements are deferred until we get reports. INSECURITY IN TURKANA COUNTY AFFECTING CRUDE OIL EXTRACTION AND TRANSPORTATION FREQUENT FIRE DISASTERS IN NAIROBI CITY COUNTY

Let us move on to the next Order.

I direct that the Division Bell be rung for five minutes.

Mr. Speaker, Sir, I request for the bell to be rung for three more minutes.

I order that the bell be rung for three more minutes

Mr. Speaker, Sir, thank you for extending the period of time for division. Unfortunately, we cannot get the requisite number for the division to succeed at this time. I am requesting that we move on to the next order and when we are in a position to vote on this matter, we can come back to this issue. On the same breath, through the Chair, I request the Senators to be patient for a few more minutes to ensure we have the necessary number for division.

Hon. Members, we shall reorganise the Order Paper awaiting for quorum. In the meantime, we move on to Order No. 17.

Thank you, Mr. Speaker, Sir. I beg to move the following Motion- WHEREAS maize is Kenya’s staple food whose demand and supply is monitored by the Government through the Strategic Grain Reserves; AND WHERE AS that Kenya has been experiencing maize shortage mainly due to the high cost of production, the effects of climate change and poor management of the Strategic Grain Reserves; NOTING that maize farmers have called to question the efficiency and capacity of the National Cereals and Produce Board (NCPB), which is the institution mandated to buy maize from farmers to continuously replenish the strategic reserves, to effectively handle and manage maize produce, forcing small-scale farmers to sell their produce to unscrupulous traders at very low prices; COGNIZANT that the NCPB has on many occasions declined to buy maize from farmers, claiming that its stores are full to capacity, and failed to pay the farmers whose produce it has received, thereby exposing them to severe financial problems; CONCERNED that although the Government has committed to supporting maize farming in Kenya in order to ensure Kenya’s food security, little has been done to improve the efficiency of NCPB and protect the maize farmers from exploitation; 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.

What is your point of order, Senate Majority Leader?

Mr. Speaker, Sir, I do not mean to interrupt this important Motion by Sen. (Prof.) Kamar. We want to give it due attention. However, we now have the necessary numbers that we were initially looking for to vote for the Bill on Order No.8. With your permission, I request that you interrupt Sen. (Prof.) Kamar for us to go to Division.

Hon. Members, I order that the Division Bell be rung for one minute. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, the results of the Division are as follows-

0 The “Ayes” have it.

I now direct that the doors be opened and the Bars drawn.

Sen. (Prof.) Kamar, you may resume your moving of the Motion.

Thank you, Mr. Speaker, Sir. The history of maize in this country is becoming a touchy issue. In this Motion, we are requesting for the establishment of an Ad Hoc Committee to investigate the maize crisis. One may ask why we are going this route. Two months ago on 29th May, 2018, I made a statement regarding the situation of maize, particularly in Uasin Gishu County, where I outlined the fact that farmers were not paid. Thereafter, we discovered from the report of the Minister for Agriculture and Irrigation that it was actually true that farmers were not paid and there was suspicion that traders were paid. My appeal for an Ad hoc Committee was due to the fact that there are things that are known to the Minister that are not known to farmers and nobody is giving us that information. It is true that farmers delivered their grains from December, 2017, and that most of them have not been paid to date. Mr. Speaker, Sir, I came across a circular that was released early July from the Ethics and Anti-Corruption Commission (EACC) ---

Hon. Members, let us consult in low tones. This is a very important debate.

Thank you, Mr. Speaker, Sir, for that intervention. In early July, there was a communication or a letter – which I can table here also – from the EACC to the Minister of Agriculture and Irrigation dated 2nd July, 2018, officially suspending the payment to farmers. Once again, it was not known to farmers that, actually, an official suspension was initiated by the EACC. The suspension, according to the EACC, was about pending investigations on who the real farmers were The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I would like to second this Motion. I congratulate Sen. (Prof.) Kamar and Sen. Wetangula for thinking through this Motion. Both of them come from maize growing counties, including myself and many other Senators whose names are included in the Motion. There is a crisis of monumental proportion. There is an injustice that is being meted on maize farmers. Maize farmers delivered their maize as from October last year and it is very sad that they are being caught in a crossfire between Government investigative agencies and departments of agriculture, including the one that deals with cereals. Mr. Speaker, Sir, when farmers delivered their maize, there was an understanding that they would be paid by December, so that by January this year, they would be in a position to take their children to school. Some wanted to have the opportunity to invest in other areas as they should. In fact, like Sen. (Prof.) Kamar has said, there are many farmers who never tilled farms this year because they did not have the money to buy farm inputs. There was a promise that these farmers would be paid. There are various categories of persons who supplied maize to the NCPB. The first category, as far as I am concerned, are those who supplied maize from their farms directly to the NCPB. The regulations did not say that they should supply maize either directly or indirectly. There is a second category of suppliers who mopped the maize from farmers in different areas, bought it from them, and paid the farmers. In some cases they even paid them before the period of harvesting ensued. Some of these farmers are the ones that you saw being maligned. Some of them are from Sen. (Prof.) Kamar’s county and some from Trans Nzoia County. Some of them are people who are even known to me. Some even come from my own county. They have assisted farmers for over ten years. For example, if you are in a place called Kapcherop, it costs money to take the maize to the NCPB depot at Moi’s Bridge. Therefore, if you are a farmer who has only one, two or three acres, it makes economic sense for you to sell the maize at a lesser price to another trader within that area, who could also be a farmer like you. That person would then deliver that maize to the NCPB. Therefore, we have a second category of farmers who are also traders. They have been assisting farmers for many years to deliver their maize to the NCPB depots either in Eldoret, Kitale, Moi’s Bridge, Bungoma and other places in the country, including Nakuru. Mr. Speaker, Sir, we are told there is a third category of farmers, who supposedly have imported maize and delivered it to the NCPB. An argument is being made that there 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 beg to second. Thank you for observing time because you only have 15 minutes as a Seconder. You have kept time.

Yes, I beg to second.

Let us have Sen. Mutula Kilonzo Jnr.

On a point of order Mr. Speaker, Sir.

What is your point of order, Sen. M. Kajwang’?

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 56 and move that the Motion before us be amended by adding the following two Senators to the Membership of the ad hoc Committee: (1) Sen. Omogeni (2) Sen. Shiyonga. Mr. Speaker, Sir, I can confirm that before coming up with this amendment, I have consulted with the Mover of the Motion and the leadership on the Senate Minority side of the House. This is just to make sure that we have a Select Committee of nine men and women who will be fully committed to delivering a report before the House within the 60 days that have been stated. Mr. Speaker, Sir, I beg to move the amendment.

Who is your seconder?

Mr. Speaker, Sir, I second the amendment.

On a point of order, Mr. Speaker, Sir.You heard the Mover of the Motion saying that he consulted the Senateminority side. He did not consult the Senate majority side which is an important issue in so far as the composition and the ratio within the particular Committee. Pending that consultation, I am asking the Mover to withdraw his amendment for now. He can move it at any other time after he has done the necessary consultations. 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, when Sen. M. Kajwang’ said that he had consulted the minority leadership, he probably meant that he spoke to me. We raised this question yesterday and the question was; what role the leadership or the sponsors play as far as composition of Senate Committees and ad hoc Committees is concerned. The response we got was that, ideally, it is the sponsors who nominate and who are consulted. When Sen. M. Kajwang’ spoke to me, it was just about information. He was just doing it “For Your Information|” (FYI). Otherwise, the sponsors are the ones who spoke to the numbers and how this should be done. This happened before in the Solai Dam tragedy Select Committee and, therefore, I do not think there is any exception. I think Sen. M. Kajwang’ is in order to propose the amendment as he has done. I think it is an exception to have seven Members. The general rule is to have nine, but seven should be an exception to the rule. Mr. Speaker, Sir, unless otherwise, I think that we should maintain the tradition of having nine Members unless the Movers think we should have seven.

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

What is your point of order, Sen. Sakaja?

Mr. Speaker, Sir, I just want to note that it is not out of order for any Committee to have seven Members. Our Standing Order No. 185 is clear that a Committee should have not less than seven and not more than nine Members. However, any Committee set up in this House must adhere to the ratios provided for of minority and majority sides, such that the two Members being added should be one from majority and one from minority, so as to maintain the balance. That is where the contention is. Consultation helps and I hope Sen. M. Kajwang would understand that, so that he can drop one of the names he has proposed and get one name from the majority side. Mr. Speaker, Sir, I notice that the proposed names in the Committee are from the producers, whereas, he should also get some from the consumers of this maize. Many of them are from my county. He can take one of the Senators in my County delegation and not me because the biggest consumer of maize is Nairobi. We have Sen. Omanga, Sen. Farhiya, Sen. Mugo and many others. So, it is not just about the producers, but the consumers must also be represented.

Order Members. Since the question has been seconded --- What is your agitation Senate Majority Leader? I will put the question and that can either be carried or defeated.

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

What is your point of order, Leader of Majority?

Mr. Speaker, Sir, it is only fine for such a Motion to avoid the protracted kind of, back and forth and to stick with the tradition and provision of the Standing Orders; that a consultation be done. We do not want to have a back and forth and have a divisive vote on such a 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.

What is your point of order Senator?

Mr. Speaker, Sir, unless otherwise, the Movers of this Motion, and Sen. Wetangula is here---. I thought you were taking a bipartisan position on this matter, to the extent, therefore, that the question of majority and minority would not apply. Unless it is different and there are party positions in the matter which you have not informed us, then what Sen. Murkomen says applies; that we should have majority and minority. Mr. Speaker, Sir, It important, but since you have put the question, can we express our displeasure or otherwise.

The Floor is now open for discussion on the amendment. Yes, Leader of Majority.

Mr. Speaker, Sir, I still think the right thing to do is to further amend the amendment by the Mover. If he wants to have more Members with the consultation we have talked about, we can have one person from this side and one from the other side so that we stop debating on this issue and go back to the main issue.

Mr. Speaker, Sir, I am not averse to the proposal by Sen. Murkomen because there is absolutely no doubt in my mind that this is a very important Select Committee. Having chaired Committees and knowing the numbers and the level of work required, it was my view that we probably go to the number of nine. My proposal has then resulted in the imbalance that has been cited by Sen. Sakaja. To avoid an argument around the ratios, I would be willing to even stand down my amendment to facilitate that discussion, but it has to be guided by procedure and Standing Orders. Therefore, if it is possible to vary it, I will do that so that we do not lose the spirit of the Select Committee that we are setting up. Thank you, Mr. Speaker, Sir.

On a point of order, Mr. Speaker, Sir. This House is guided by traditions, usages and precedents, as it has always been said here. If we vary on this matter, especially the decision on this amendment to the Motion, it means that we will have to change the traditions and usage of what we have decided upon. By the standards and traditions of the House as it is, I think that the spirit of this matter is that every Senator has a specific interest because it is a matter of national importance. The spirit of Sen. M. Kajwang’, this Motion has been co-sponsored by Sen. Wetangula and Sen. (Prof.) Kamar. Therefore, we need to have a bipartisan approach. However, we should be careful not to encroach on the traditions, usages and precedents of this House. Yesterday I was a victim of--- I would not want to revisit the decision or ruling that you made. However, what you ruled yesterday should also apply to what we are looking at today.

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

What is your point of order, Sen. (Prof.) Ongeri? 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, this is a very important Motion on the Floor of the House. In considering this Motion, I wish that the Leader of Majority would also listen, because this is an important Motion which concerns maize farmers. If you look at the geographical representation of maize growing areas, it is quite obvious that the Motion before the House is skewed. If we are talking in a bipartisan manner, it is important that this Motion be the way it is today in order to make it more inclusive. This is particularly so for those people who are also going through the same difficulties in getting their dues paid on time. Therefore, Mr. Deputy Speaker, Sir, this is a well thought out Motion and you cannot just take one section of the society in this country and constitute a select committee which is supposed to be looking at the overall issues within the Republic of Kenya. We are within our rights to insist that this Motion goes the way it is today because then, it takes into account the geographical representation of the maize growing areas, and not only one sector of the maize growing areas. Thank you, Mr. Deputy Speaker, Sir.

Thank you, Mr. Speaker, Sir. Having consulted the Mover of the Motion, I beg to now move a further amendment as follows. Mr. Speaker, Sir, I beg to move that the Motion be amended as follows:- By deleting the words "Sen. Naomi Shiyonga " and inserting in place thereof the words "Sen. Mary Seneta." Thank you, Mr. Speaker, Sir. I request Sen. M. Kajwang’ to second.

You are not on record, Senator!

Mr. Speaker, Sir, I beg to Second.

Sen. Mutula Kilonzo Jnr., you have the Floor.

.: Thank you, Mr. Speaker, Sir. This is a straight forward Motion. It is largely motivated by the fact that we will be in Uasin Gishu County in September, 2018, and I presume that maize farmers from where Sen. (Prof.) Margret Kamar and Sen. Moses Wetangula come from will want to question the issues raised 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. Members! Let us consult in low tones.

.: Thank you, Mr. Speaker, Sir. I expect that this Select Committee will interrogate this matter in detail in terms of fertilizer and planting of maize. I hope that the Mover of the Motion noticed that the sugar scandal was caused by a gazette notice. Is there another maize scandal in the gazette notice? One million metric tons of sugar was brought into this country and we lost a lot of money because of that gazette notice. Is there another scandal in this one? These are some of the things this county must investigate. Mr. Speaker, Sir, on maize storage, I remember that in the last session of Parliament, we approved a request by governors to manage the storage of grains as part of their agricultural mandate. Is this something we need to interrogate? I am told that our grain storage facilities are hired; that they are not managed by the National Cereals and Produce Board (NCPB). Is that fact or fiction? I am also told that maize dryers are only in the Rift Valley; is that fact or fiction? This is true to the extent that the aflatoxin you find in maize in lower Eastern is as a result of the absence of dryers. These facilities, ideally, ought to be available to all maize farmers all over the country and particularly in grain storage facilities. If these grain storage facilities are then being hired to politically connected individuals, is it not time that, first, we give them to counties and, second, we allow counties to start doing this themselves? Mr. Speaker, Sir, we have a glut of ndengu and other crops that have been planted during the last season. Therefore, in terms of addressing this matter, I would personally request that this Committee interrogates this matter in great detail. How much money is reserved, for example, for buying mbaazi and ndengu, such that there is a glut where Sen. Wambua is coming from? They are already complaining that they have too much food. Kitui County is complaining that it has too much food because of the rains. The national Government ought to have a specific reserve in terms of funding that ought to take care of produce other than maize. Mr. Speaker, Sir, food security is not just about planting; it is about storing. The story in the Bible of the seven years of plenty and the seven years of drought applies. After this glut that Kitui and Makueni counties are complaining about, there will be The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I am sorry for coming in a little late. The distinguished Senator for Uasin Gishu County and I evolved this idea and I should have been here to second the Motion. However, I am told that it was ably seconded by the Majority Leader. We had gone with, among others, the Senator for Nyamira County to condole the family of the late Hon. Henry Obwocha, who was a colleague in the Seventh, Eighth and Ninth Parliaments. Mr. Speaker, Sir, as my colleagues have said, this Motion is very important for this country. This country is now so dependent on maize as the primary food supplement, that when there is no maize in the country, every homestead literally feels that there is lack of food, even when there are some alternatives like rice, chapati and others. Mr. Speaker, Sir, as Sen. (Prof.) Ongeri mentioned, this Motion would have ideally brought everybody on board. This is because even when we talk about the not very well watered parts of Ukambani, records show that when there is good rainfall, Ukambani produces 5.6 million bags of maize a year; which is substantial. This also happens in many other parts of the country. However, when talking about the grain basket of the country, a county like Trans Nzoia alone – where the distinguished Senator for Nairobi comes from – produces a third of the maize cereal of this country. Maize is also produced in the counties of Uasin Gishu, Bungoma, Kakamega, Kisii, Nyamira, Narok; you can count on end. In fact, Mr. Speaker, Sir, yesterday Sen. Seneta – and I am happy that she has been included in this Committee – came to me when I was talking to Sen. (Prof.) Kamar, and asked me why I had included Members from the Western region in this Committee 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. I want to begin by thanking the Senator for Uasin Gishu as well as the Senator for Bungoma for bringing this Motion. I have been on record at both the Senate Business Committee (SBC) as well as on the Floor of this House raising concern about the number of ad hoc committees that are setting up especially to look at issues that are squarely within the mandate of a committee. I realised that this might be an indictment of our own standing committees. Ideally, if you look at the mandate of the Committee on Agriculture, Livestock and Fisheries, it should be competent enough to have looked at this issue. Going forward, the House needs to be made aware that the Liaison Committee halved the budged of ad hoc committees. So, many of the issues can and should be competently prosecuted within the purview of the committees that we have. Agriculture is an important issue. I do not know what would be more important to the Committee on Agriculture, Livestock and Fisheries than the plight of our maize farmers. That is an issue that they should be front and centre on. I still support this particular Motion. Until the day we change our rules on the purview, breadth and width of what an ad hoc committee should look at, I support the setting up of this Committee on this issue because it is timely. By the time we come back from recess, we hope the Committee will have brought back its findings so that we discuss them in Uasin Gishu County; a county that many may not know gave us the name “unga”. Many people may not know that “unga” is not a Kiswahili word. It actually stands for Uasin Gishu Grain Association. At that time, Uasin Gishu Grain Association millers came together and it is good that they gave us that name.

Point of order!

(Sen. (Prof.) Kamar): There is a point of order by Sen. Faki. 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.

Bi. Spika wa Muda, neno “unga” limekuwa katika Kamusi ya Kiswahili tangu Karne ya 18. Je, ni sawa Seneta wa Nairobi kusema kwamba “unga” inamaanisha Uasin Gishu Grain Association? Unga si wa mahindi tu. Kuna unga wa wimbi, ndengu, ngano na hata unga wa nafaka zingine. Pia kuna unga wa mihogo unaotumiwa zaidi kupika ugali kule kwetu.

(Sen. (Prof.) Kamar): Thank you Senator. I know the Senator for Nairobi does not understand Kiswahili that much.

Madam Temporary Speaker, I will not dwell on that. The one who knows Kiswahili has spoken but the Kiswahili word I know is “posho”.

On a point of order, Madam Temporary Speaker. Is it in order for the distinguished Senator for Mombasa County to mislead this House that “unga” is limited to flour when in fact UNGA also means United Nations General Assembly and it is generally acknowledged and accepted worldwide?

(Sen. (Prof.) Kamar): Sen. Sakaja, please proceed.

Madam Temporary Speaker, I think it is poetic to use it to mean the grain that is grown largely in Uasin Gishu where we had Uasin Gishu Grain Association. I will have an opportunity to look at that 18th Century Kamusi that Sen. Faki is talking about. I am sure he will be more than glad to give it to us. Madam Temporary Speaker, this Committee will have to ask radical questions. As Sen. Wetangula pointed out, in as much as my home is in Nairobi and I was born and raised in the city, I come from Trans Nzoia County. In Trans Nzoia County, I have seen over the years the suffering and the level of poverty caused. In fact, in Trans Nzoia and the rest of the former Western Province, there are two crops that have caused poverty to millions. They are maize and sugarcane but they have created wealth to only tens or hundreds of people in this country. I hope that this Committee will do some thorough work and ask radical questions such as why farmers have not been paid. I have been reducing the amount of acreage that I grow maize in my farm because of the same reason Sen. Wetangula has talked about. In fact, I decided to shift to coffee and other horticultural crops because maize is no longer profitable to grow in this country. What will happen if many other people take that kind of thinking? It will reduce our food security in this country. Farmers are suffering. I remember when I was growing up, I used to spend long hours queuing outside the cereals board during school holidays waiting for us to get a turn to drive the tractor in order to deliver our maize. Sometimes we were told it will happen the following day or the day after and that still happens. So, it is not a crisis that has just started because it has been going on for many years. Today, in Trans Nzoia and Uasin Gishu, instead of taking an entire year growing maize, it is wise to invest in a store and that is what many people are engaging in. People have learnt to invest in stores. After farmers have harvested, they buy the maize cheaply because of the demands towards the end of the year and going to January for school fees and other reasons. The maize is stored and sold from March up to June for thrice or even four times the price it was bought. That way you make much money than the maize farmer. That is what has been happening for years. This Committee must also look into the issue of maize brokers. We need to ensure that at the time maize is being bought, value is not compromised to the farmer. 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. Let us have Sen. Cheruiyot. What is your point of order, Sen. Cherargei?

Thank you Madam Temporary Speaker. I rise on a point of order under Standing Order No.100 on the limitation of debate. I appreciate that this is a matter of national importance and of great concern, but the interest is high. Madam Temporary Speaker, I request you to limit the time for Senators to speak to this Motion in order to accommodate more Senators, because I know all Senators take

in this House.

(Sen. (Prof.) Kamar): You have not given the complete proposal. I would like to urge Senators to avoid repetition and go straight to the point; it is true the list is very long. Let us limit ourselves to about five minutes, if possible. The Motion is popular and the screen is full. Senator for Kericho, proceed.

Madam Temporary Speaker, I would have complained, but fortunately or unfortunately, I have a cold therefore I do not intend to speak for long. I may run out my voice. I wanted to share my experience with the movers of this brilliant Motion; Sen. (Prof) Kamar and Sen. Wetangula, on a such well thought-out idea. This is as a result of the struggle we continue to see among our poor farmers and the contempt those in leadership continue to disregard them despite the fact that they do the donkey work in terms of feeding this nation. First, I want to share from a very informed perspective on some of the challenges that led us to consider this route. I know that other Members have asked whether select committees are beginning to eat into the space of work that is supposed to be otherwise done by our Standing Committees in this House. Sometimes, there are issues that are extremely pressing, urgent and also politically heavy, that you feel that only the concept of an ad hoc committee – like the one that is being proposed today – can sufficiently address those issues with the finality that they deserve. Secondly, Madam Temporary Speaker, I urge my colleagues who have been proposed to serve in this Committee to treat this matter with the seriousness that it deserves. It does not make sense for them to be included in an ad hoc committee and then fail to give all their energy and thoughts to it. I believe that by the time the Movers of this Motion sat down and drafted this idea, it was because of how deeply they felt about this issue which our farmers are facing. The truth of the matter is that we have treated our farmers in this country so badly; be they tea, maize or all the leading cash crop farmers. I am glad and happy to be part of the Twelfth Parliament, and particularly in the Senate, which is forming an ad hoc Committee to address the issues facing the tea sector. I know that very soon, we shall come back to the House with an extremely radical proposal that will take power back to farmers, and tea farmers in this country will be liberated forever. 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 important Motion. First, I begin by commending the Movers of this Motion, Sen. (Prof.) Kamar and Sen. Wetangula, because this Motion is important for the farmers in this country. Madam Temporary Speaker, Sen. Wetangula confirmed that Kenya is among the States parties that ratified the Maputo Declaration, which stated that 10 per cent of the national budget should go to farming. If Kenya implemented this, it will be stating that it stands with the farmers of this country. It is very important that the farmers of this country are protected and supported because they play a major role in the economy of this nation. They give all their energy, time and everything they have to farming. For most typical farmers out there in the counties, farming is the greatest investment that they have. Even as they invest in farming, they play an important constitutional role. Article 43(c) of the Constitution states that:- “Every person has the right to be free from hunger and to have adequate food of acceptable quality”. Farmers, therefore, ensure that Kenyans are food secure. Madam Temporary Speaker, even the farmer is complying with the Sustainable Development Goal No.3, which is healthy living and wellbeing for all. There is no way the nation can be healthy without food. That is what the farmer of this country is doing. Therefore, it is imperative that farmers are given due protection and encouragement. It is clear that maize is a staple food in this country. In fact, in most families, if someone does not eat ugali during lunch time, they will do so in the evening or the following day or even thrice a week. That is the sweat of the family. It has come out clearly from the Movers of the Motion and the Senate Majority Leader that we have three categories of farmers. We have the real farmer who possesses an important factor of production, which is land. He possesses the land and does the donkey work. He will buy the fertilizer, till the land, plant and harvest the maize and store it. He will spend a lot of money to ensure that the maize is delivered to 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. From the outset, I want to thank the Senator for Uasin Gishu County, Sen. (Prof.) Kamar, and one of the prolific leaders of this nation, Sen. Wetangula, for this Motion which was long overdue. If it were not for maize, I would not be who I am today. Although I am not a large-scale farmer, I know the pain that comes with maize farming. The Committee on Justice Legal Affairs and Human Rights, which I Chair, met the Kenya Revenue Authority (KRA) and our main concern was an allegation regarding a ship that was still in the high seas. By time the Gazette notice expired, it had not been received at the Port of Mombasa. Those were the challenges we raised with the Kenya Revenue Authority (KRA). We also asked them what they did with maize issue. They told us they were working with multi-agencies in this country to stop its importation. Madam Temporary Speaker, as we talk about maize, there is the issue of milk powder and wheat from Tanzania. There seems to be a series of well-orchestrated schemes through gazette notices to strangle the farmer in this country. I appreciate the fact we grow maize in Mosop, Chesumei, Tinderet, Emgwen and Nandi Hills in Nandi County. Maize is also grown in other counties such as Kakamega, Vihiga and many other areas in this country. Madam Temporary Speaker, if there is no ugali on the menu, some people will not feel as if they have eaten. I can tell you this for free; if some people eat rice in the evening, that is just like an appetizer or a snack. However, when they have eaten ugali, you feel very nice. As a staple food, what does that mean? We must jealously protect the maize farmers in this country. North Rift and western Kenya are the sources of maize that is consumed by more 40 million Kenyans. I have seen the 2016 Strategic Plan for five years of NCPB which they want to roll out. Apparently, they know there are problems and how to fix them. I want to single out one of the issues in it that was meant for five years. One of the issues was that the NCPB does not offer competitive pricing. They were proposing to convert themselves into commercial entity known as Grain Corporation of Kenya (GCK). We need to restructure the NCPB to meet the demands of farmers. Two months ago, there were 984,102 bags worth of Kshs3 billion which had aflatoxin, therefore, not fit for human consumption. That is very sad. It shows an organisation that is running on mediocrity and lethargy. 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. Could we hear from Sen. (Prof.) Ongeri?

Thank you, Madam Temporary Speaker, for giving me this opportunity to weigh in on a matter that is so critical and important in the maize growing regions. If you go through the journey of a farmer, it is a miserable journey. I must declare my interest; I am a maize growing farmer and the experience that one goes through is very painful, more so, our peasant farmers. From the ground breaking, the farmers struggle to find the machinery which can either be the orthodox machinery of oxen ploughing or the tractor and with escalation of fuel at its peak, the farmer starts with a loss right from the beginning. He builds up expectations and hope and at the end of the day, if he is given the right price by a Government entity in the name of National Cereals and Produce Board (NCPB), he should make ends meet and balance it out. However, in the process of reaching NCPB, there is frustration after frustration, headache after headache, thus this farmer is lost in his own country and within his own place of aboard. When he has been successful in weeding and nurturing the crop, there are these vagaries of diseases that arise, particularly the necrotizing disease of maize. The Government has taken so long to assist farmers overcome that challenge. Even when a farmer succeeds in overcoming that challenge, we see that they are being embarrassed and frustrated in their journey towards delivering whatever has been harvested to NCPB. 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 this opportunity to support the formation of this ad hoc Committee to look into the issues of farmers. From the outset, I congratulate the current Cabinet Secretary and Principal Secretary in the Ministry of Agriculture and Irrigation, hon. Kiunjuri and Mr. Lesiyampe respectively, for saving this country from another wheat crisis. 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, Senator! Please, wind up.

Madam Temporary Speaker, I am looking at my clock and can see that I still have one minute. 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 have three Senators and six minutes remaining before the Mover is asked to reply. I plead with you that you each take two minutes, so that the three of you have an opportunity to contribute to this Motion. Let us have Sen. Mary Yiane.

Thank You, Madam Temporary Speaker, for giving me a chance to contribute. First, I want to congratulate the co-sponsors of this Motion for proposing the formation of this Ad hoc Committee to look into the issue of maize. Because of the limited time given to us, I want to urge the proposed Committee to critically look into the system of production and the support that is given to these farmers. Every year we see a huge budget allocated to agriculture in terms of fertilizers and seeds. We would want to know how this system is done. Who are given the seeds and fertilizers and at what time are they given? It is sad that the small-scale farmers are denied all these opportunities even after the Government has allocated a lot of money to agriculture. It is sad that these farmers are producing food for this country, but cartels get the opportunity to import the same food, take it to NCPB and are paid before ordinary farmers from the productive areas. The proposed ad hoc Committee should also look into the payment system. How are these farmers supposed to be paid? Who is supposed to pay them and at what time? This will ensure that culprits are brought to book. There is no need for the Government to allocate money and it goes to the pockets of cartels, instead of the genuine maize farmers. The ad Hoc Committee should also engage the Ministry of Agriculture, Livestock and Fisheries with regard to why we import maize from outside the country, when we already have farmers who are producing it. We need to ask ourselves where the rain started beating us. Why is pain written all over the faces of genuine farmers in this country? Livestock farmers are complaining. When you talk of the coffee farmers---

(Sen. (Prof.) Kamar): I will give the last three minutes to Sen. (Eng.) Hargura, Senator for Marsabit County. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I would like to thank the two Senators who came up with this Motion which requires the Senate to establish an ad hoc Committee to investigate the maize situation in the country. Article 43(1)(c) of our Constitution on economic and social rights says that:- “Every person has the right to be free from hunger, and to have adequate food of acceptable quality.” That right has to be provided for by the Government. My expectation was that it is the Government to facilitate those who are in unfavourable climates to produce food. This is because, if a country cannot produce its own food to feed its people, it cannot claim to be sovereign from others. That is why we have the issue of the Strategic Grain Reserve (SGR). It is like we have the idea. We expect that the farmers need to be facilitated in terms of production and marketing. They should have ready markets. Madam Temporary Speaker, other countries actually subsidise production. They cushion their farmers against anything like overproduction or shortage. However, in our country, we are seeing a situation where the same Government is competing with its own farmers. Individuals are given licences to import duty free which, obviously, will be cheaper than what we are producing, especially when we are not assisted in the production. I urge the Committee to make sure that the issues that have been raised such as farmers not being paid, the issue of duty free maize, et cetera, are addressed. What needs to be done? Do we need the centralised NCPB? Agriculture being a devolved function and hence food production being devolved, it can be done easily at the county level.

(Sen. (Prof.) Kamar): Thank you, Senator. Hon. Senators, we have exhausted the time for contributions. However, the Mover will have a right to donate time to the remaining person on the screen, who is Sen. Orengo. So, may I call upon the co-sponsor of the Motion, Sen. Wetangula, to reply?

Thank you, Madam Temporary Speaker. Before I respond, I have seen on the screen; the distinguished Senator for Siaya County is queuing to speak. I will donate to him five minutes or slightly above five minutes if he wishes, so that he can also contribute on the Motion. I know his county is also a maize growing area. Farmers there are also suffering just like farmers elsewhere.

(Sen. (Prof.) Kamar): Thank you. Proceed, Sen. Orengo.

Madam Temporary Speaker, I wish to thank the Senator for Bungoma for donating five or so minutes of his time, so that I can say something about this. I fully support this Motion that is co-sponsored by Sen. (Prof.) Kamar together with the hon. Senator for Bungoma County. I just want to say two things. First, the issue of maize has been with us for a very long time. In fact, the formation of this ad hoc Parliamentary Committee is not the first one. During the first Government under the late President Jomo Kenyatta, there was a serious maize scandal in which many people ended up being prosecuted. A commission of inquiry was established. The late Minister Hon. Paul Ngei was sacked 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.

Madam Temporary Speaker, I similarly donate two minutes for the distinguished Senator for West Pokot County before I reply. 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, West Pokot is a producer of maize and the suffering that has been spoken about is really felt there. I hope that the ad hoc Committee will do a good job to get to the bottom of the issues. I know they may not address the issue of corruption but that is basically where the crux of the matter lies. It is the elephant in the room. In this country, for every situation, there is somebody who wants to benefit and farmers are the ones who suffer. Why do people hurt their own people? Why would you want to make money at the expense of thousands of people who voted for you, support you and keep you where you are? If we get to the bottom of that and answer some of the questions that I know they will be asking, I am hopeful that we will get a solution. The issue of Government subsidized fertiliser is another one. If you talk of subsidy, let there be sufficient quantities and it should not just be a favour to a few. Some farmers have to queue while others have to bribe to get services. Maize has to be protected in this country because it is our staple food. We should not allow maize to be imported. Importing maize from other countries and storing it as if it is from our country is in itself corruption. Ugandan maize is different from Kenyan maize because of the way they grow it and the seeds that they use. It happens because somebody wants to make a lot of money. I thank Sen. Wetangula for allowing me the two minutes. I support.

(Sen. (Prof.) Kamar): Sen. Wetangula, you have six minutes only.

Madam Temporary Speaker, first, I thank you personally for joining up with me to co-sponsor this Motion. In fact, it was your idea that we brought the Motion to this House which has received acclaim without any single dissent. It means that Senators in this august House are fully aware and conscious of the plight of the Kenyan farmer, particularly the maize farmer. The confidence that this House enjoys will require that the nine Members of this Committee will have to burn the midnight oil. We urge the Speaker and the Clerk to give the Committee competent clerks and researchers who can look at policy papers in terms of; how to manage subsidies in the sector; marketing the produce in the sector; how to finance the farmer and above all the plight of the farmer. Farmers have, in the quest to feed this nation, ended up paying a heavy price. They are auctioned not because they have recklessly spent money borrowed but because they have borrowed money to grow the crop and deliver to the cereals boards and not paid. These are farmers who are unable to take their children to school and lead a barely average life simply because they are not able to get just returns on their produce. It begs a serious question. In this country, 75 per cent of the workforce of Kenya is in the agricultural sector. If you want to create and sustain jobs and improve livelihoods, how can you ignore a sector that employs 75 per cent of your workforce? These are the serious questions that we have to ask ourselves. Above all, the distinguished Senator for West Pokot has raised an important point. Why would we want to allow maize from our neighbour – which is not even allowed in the East African protocol – to come and fill up our granaries when the manner in which they grow, harvest and even the post-harvest handling is not the same as ours? 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): First, I would like to confirm that this Motion does not affect counties. Therefore, you can vote by acclamation. 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, after consultations, we have deferred the following orders.

Thank you, Madam Temporary Speaker. If anybody in this country had doubts that the fight against corruption is real, there is no doubt. Somebody today asked whether the Director of Public Prosecutions (DPP) and the Directorate of Criminal Investigation (DCI) have added another agenda to Agenda Four (b) which is corruption. The work we are doing is important. Let me just say what the Chairman has not said in a very quick statement: We have actually learnt a lot in the process of interrogating this matter. Even the amount of money we gave the Kenya Revenue Authority has got a direct impact on the war against corruption. We were not aware. Madam Temporary Speaker, in our work that we are doing, we have discovered that some of the loopholes that are there in the law and are not being considered should come to the Floor. I have even proposed legislative amendments. Secondly, the Committee that is interrogating corruption – the multi-stakeholder meeting chaired by the Attorney-General, Mr. Kihara Kariuki, in fact, has requested to see us next week. They requested for more time to come and visit the Committee and give us their input so that we can all synchronize what we are doing. Our time has lapsed. Madam Temporary Speaker, this is an important subject. Therefore, I would like to support this Motion. In 30 days, we are going to do what the Solai Dam Committee did. We will uncover the snakes and bring the truth here so that this corruption---. We can do a death’s door. This is the time to slay the dragon. The dragon has grown big, but it appears as if there are men and women of this country who are ready to slay the dragon for real. I support.

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

Madam Temporary Speaker, while I support extension of time for the significance of this particular Committee event, I also wish to propose that it is a very straight forward matter that does not require much debate. You may just ask the Mover to reply and we have the question put so that we do not have to deal with it. It is very important that this Committee completes its job. Thank you.

(Sen. (Prof.) Kamar): Thank you. Senators, I do not see any other request. So, may I request the Mover to reply.

Thank you, Madam Temporary Speaker. As Sen. Poghisio has said, this is a straightforward matter. Considering the weight of the fight against corruption, it is very crucial and important and also divine in this country. I thank the Senators and call upon them, that even if you are not part of the Committee, you can become a friend or come up with any ideas, opinions, views or amendments that you will need to propose. As a Committee, we will work overdrive to ensure all is captured and put into perspective. We will ensure we do a thorough job such that when we come back to the Senate with a report, the House will be in a position to take a very significant step in the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you, Senator. This Motion does not affect counties; we will, therefore, vote by acclamation.

(Sen. (Prof.) Kamar): Hon. Senators, it is now 6.27 p.m., and for the convenience of the House, we will adjourn three minutes early. It is now time to interrupt the business of the Senate. The House, therefore, stands adjourned until tomorrow, Thursday, 9th August, 2018, at 2.30 p.m. The Senate rose at 6.27 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.