Madam Temporary Speaker, I beg to lay the following Papers on the Table of the Senate, today, Thursday, 13thSeptember, 2018:- Report of the Auditor-General on the financial statements of the Marsabit County Executive Emergency Fund for the year ended 30thJune, 2017. Report of the Auditor-General on the financial statements of the Kwale County Trade Revolving Fund for the year ended 30thJune, 2016. Report of the Auditor-General on the financial statements of the Busia County Assembly Car Loan and Mortgage Scheme (Revolving Fund) for the year ended 30thJune, 2017. Report of the Auditor-General on the financial statements of the Bungoma County Trade Development Fund for the year ended 30thJune, 2017. Report of the Auditor-General on the financial statements of the Bungoma County Youth Empowerment Fund for the year ended 30thJune, 2017.

(Sen. (Prof.) Kamar): Senate Majority Leader, you have one more. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I beg to lay the following Paper on the Table of the Senate, today, Thursday, 13th September, 2018:- Report of the Standing Committee on Labour and Social Welfare on the proposed appointment of Hon. Samuel Kiprono Chepkong’a as a Member of the Parliamentary Service Commission.

(Sen. (Prof.) Kamar): Next Order!

Madam Temporary Speaker, I have two Notices of Motions. I beg to give notice of the following Motions: APPROVAL OF SENATOR TO SERVE IN STANDING COMMITTEE THAT, pursuant to Standing Orders 187, 189 and 218, the Senate approves the nomination of Sen. Fred Outa, MP to serve in the Standing Committee on Health. APPROVAL OF APPOINTMENT OF NON-MEMBER COMMISSIONER TO THE PSC THAT, the Senate notes the Report of the Standing Committee on Labour and Social Welfare on the nomination to the Parliamentary Service Commission and approves the appointment of Hon. Samuel Kiprono Chepkong’a as a Member of the Parliamentary Service Commission, pursuant to Article 127 (2) (d) of the Constitution.

(Sen. (Prof.) Kamar): Next Order!

Thank you, Madam Temporary Speaker. As I issue this Statement, I want to inform the Hon. Members that those of us who are in red are doing so in solidarity with Ms. Sharon who was murdered. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you, Sen. Waqo. I have a few Members who want to contribute. Please, take a minute each because of our Statement time.

Thank you very much, Madam Temporary Speaker. I would like to thank Sen. Waqo for highlighting this. Since you have given us direction, I will not take too long. These beastly acts are becoming way too frequent. These killings have been happening and both men and women suffer these acts but women seem to be disproportionately affected by these beastly acts because they are accompanied by rape, mutilations and they are done in a manner that you cannot even explain. In the case of Sharon, she was stabbed in the most bizarre ways and her unborn child killed. These beastly acts do not know region, tribe, religion or gender. The women and the girls of this country bear the brunt of these beastly acts, rapes and violence, against them more disproportionately than anybody else as evidenced by current demographics. We do not know what is going on, and we condemn these acts in the strongest terms possible. As women legislators, we are very disturbed by this----

(Sen. (Prof.) Kamar): Your time is up.

Thank you, Madam Temporary Speaker. I wish to join my colleagues and I thank Sen. Waqo for the Statement. Secondly, I would like to pass a message of condolences to the families of the two ladies, Ms. Sharon Otieno and the lady from Isiolo, Ms. Sakina. Madam Temporary Speaker, this lady was a mother of two. She was picked from her house last night by some people who are known and taken to the bush where she was raped, tortured, killed and her intestines and other organs were removed. This is unacceptable and the Government should take serious action to stem this vice. Secondly, there is a statement going round by unfortunately our brothers saying that those are prostitutes. Honestly, if they are prostitutes, what about the men who rape them or the men they are prostituting with? We need to do something about this. I thank you, Madam Temporary Speaker.

(Sen. (Prof.) Kamar): Sen. Mary Seneta.

Thank you, Madam Temporary Speaker. I also join my colleagues to condole with the two families, the family of the late Sharon Otieno and the family of our sister from Isiolo. I also want to condemn this beastly act on behalf of all women Senators and on behalf of all the women from Kajiado County. I also want to urge the Government 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): Yes, Sen. Falhada Dekow Iman.

Thank you Madam Temporary Speaker. I am going to join my sisters as well to condemn the killing of Ms. Sharon Otieno and other women who suffer in the hands of these killers. When it comes to the rights of women, we cannot go back, we need to go forward. I will call this act femicide. This is a sex-based hate crime term broadly defined as the intention in killing. When someone is raping, they are doing it intentionally. We need to condemn that as well.

(Sen. (Prof.) Kamar): Yes, Sen. Shiyonga.

Thank you very much, Madam Temporary Speaker, for giving me this opportunity to support the statement brought to the Floor by Sen. Waqo. It is so sad to stand in this House just to talk about murder. It is very unfortunate, and my sincere condolences to the two families and any other family that has been affected in such a way. Ms. Sharon Otieno died not as one person but with an innocent fetus which had a right to live and her death was untimely. I urge the Government and specifically the police, that even the reforms that we are experiencing in the police right now, let them go beyond and look for these hitmen who are killing our innocent people. I condemn this act because I am a woman, a mother, a Senator and a legislator. I pray that God rests her soul in eternal peace. Thank you.

Bi. Spika wa Muda, asante kwa kunipa fursa hii kuchangia Statement ya Sen. (Rev.) Waqo. Ni jambo la kusikitisha kwamba baada ya miaka 57 tangu Kenya ipate Uhuru, bado kuna mauaji ya kiholela ambayo polisi wameshindwa kukomesha. Mauaji kama hayo yanaendelea na la kusikitisha ni kwamba wasio na hatia kama hayati Sharon na wengine wanakumbana na vifo katika hali za kutatanisha lakini Serikali na polisi wameshindwa kutatua. Hiyo si mara ya kwanza mauaji ya kiholela kufanyika kwa sababu tumeshuhudia mauaji mengi katika nchi ya Kenya. Juzi, mwanamume mmoja kule Kayole alidaiwa kusukumwa na kuanguka lakini kifo chake bado hakijachunguzwa. Jukumu la kwanza la Serikali ni kutetea maisha na mali ya wananchi wake na wale wanaoishi katika nchi ya Kenya. Ikiwa Serikali imeshindwa kufanya jambo hilo---

(Sen. (Prof.) Kamar): Your one minute is over. Let us have Sen. Wambua.

Madam Temporary Speaker, thank you for this opportunity. I also stand in solidarity with my colleagues to condemn the act of rape and murder of women 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.

Madam Temporary Speaker, I thank Sen. (Rev.) Waqo for bringing this Statement. I will address the two areas that she touched on mainly. First is to offer our condolences to the families of the slain girls, especially Sharon and the lady in Isiolo. As it was said before, there is no parent who deserves to bury their child under such circumstances. It was the most painful thing to happen to a family. We hope that the zeal that was seen within the police will help us uncover some of the deaths happening across the country, including those that have been mentioned happening in my county. Secondly, she has appealed to the old men. If you are old in this House, please leave the young girls of ours to their age mates. We are sufficiently capable. Finally, much needs to be done to deal with domestic violence. We need to provide for centres and safe houses. A lot happens that does not lead to death. Many of these abused women do not get to die but suffer across this country in such circumstances.

Madam Temporary Speaker, I join my colleague, Sen. (Rev.) Waqo, in sending my condolences to the families of the slain ladies. I do not want to join those who would like to confuse the seriousness of the crimes that were committed against Sharon and others with the questions of morality. As a Christian, I have my stand on what needs to be done. The sanctity of life cannot be justified by the morality of the girls involved and neither can we justify using the relationship they have had with other people. That must be separated. Everybody has a chance and opportunity to put their life right with God in a manner in which they know but they must have that opportunity to continue living to work towards that direction. That confusion must not be there so that there is no justification at all. Dressing by women has been used as a justification for rape. Morality is now being used as justification for murder and eliminating lives of young girls. I have seen the debate around the country and justification that they were found with older people or there was something to do with “sponsorship” or whatever they call it. I do not think there is any justification we can give. The last thing I want to say is that there is something that is worrying me, not just because of those girls but for everybody in this country. There seems to be some hit men who are on the loose and they are ready to be hired at the slightest amount of money that politicians who murder people have. I think Sen. Khaniri, during the previous Parliament, came with a Statement about the existence of goons in the name of security officers in the counties and I do not know how far he has gone with that report. We would like to revisit it to ensure that our counties do not have goons because what came out is that there were departments within county governments managed by hit men, under the cover and protection of security officers. 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.

Point of information!

(Sen. (Prof.) Kamar): Sen. Murkomen, are you willing to be informed?

I am willing to be informed.

Madam Temporary Speaker, I just want to inform the Senate Majority Leader that following the Statement that I made in the previous Parliament, I have since come up with a Bill called the County Law Enforcement and Compliance Bill. It has been published and it will be coming to the Floor of this House very soon.

(Sen. (Prof.) Kamar): The Senate Majority Leader had finished his minutes. Let us now have Sen. (Eng.) Maina.

Madam Temporary Speaker, I rise to express my disgust and sympathies to the family of Sharon. I also extend my sympathies to the mother who lost her daughter. The case of that girl is not isolated. What we are witnessing in this country--- Let everybody start interrogating about our society; starting with church leaders and the leaders that we have. We should ask ourselves what is going on in our society. We need to know what has led Kenyans to this state because hardly a day ends without issues. When you look at the television---

(Sen. (Prof.) Kamar): Let us add him a half a minute. By the way he is very senior.

(Sen. (Prof.) Kamar): Order, Members! We want him to talk to the elders in the House.

Madam Temporary Speaker, I must say that I am expressing the sorrow, disgust and concern about our society. Our morals are eroded. Corruption is being fought because these are the kinds of things that lead to that. So, there are other underlying issues. I dare say that today most Kenyans have mental imbalances. To be able to do that, somebody must be in mental imbalance. I hope that we will look at our laws. I thank the Director of Criminal Investigations (DCI) for moving---

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. My condolences to the family of Ms. Sharon. We should call the men who killed Ms. Sharon what they are; cowards. Those are not men; real men do not do those things. Lest we forget, these were the same things that were done to Ms. Mercy Keino on Waiyaki Way; raped and thrown on the highway to die. As Sen. Murkomen has said, these governors have now made thuggery become legitimate. Unless we deal with it as a Senate, the voices of dissent in counties will end up the same way they shot the former CEC for Finance for Garissa County or Ms. Sharon, whom I am told had something to say that could point to some illegalities in that county. Somebody sent me a poem which I want read:- “My past is redeemed. My present makes sense. My future is secure. I am finished and done with low living, sight walking, small planning, smooth knees, colourless dreams, tamed visions, mundane talking, cheap giving and dwarfed goals.” We must put an end to this. The person who killed Ms. Sharon should not be treated like a normal person, but an animal. Jail them. Put them somewhere they will not live like a normal human being; in a solitary cell; dark, switch of the lights and put a lot of water. Thank you.

Thank you, Madam Temporary Speaker. I wish to thank Sen. (Rev.) Waqo for bringing the plight of Ms. Sharon to the Floor of this House. There are a lot of killings that are associated with gender. Last week in Wajir, a small boy was slaughtered for defending his sister. A man wanted to rape the sister and when he defended her, he was killed. It is a good that the perpetrator in that case was found. Although that is not good enough for the family, but at least there is some restitution that is going on. I hope he gets---

Thank you, Madam Temporary Speaker. I thank Sen. (Rev.) Waqo for bringing this issue to the fore. I also join my colleagues in passing my condolences to the family of these two young ladies. While at it, perhaps time has come for this House to consider the issues that have been pushed of late by our colleague, Sen. Kasanga, that is; alternative dispute resolution mechanisms. One of the ills of colonialism is that they scoffed at African practices and gave us mechanisms, which true to what is being attested here today, are not working. This is because no deaths like these ones are being resolved. We have heard of the many killings of young people and nothing is being done. Perhaps it is time for us, as Africans, to retreat to the days when we had our own practices of resolving---

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, my condolences to the family of Ms. Sharon. Many of these things happen because people can do it and get away with it. This is what should be looked at because people are discovering, right from Ms. Keino, that you can actually murder someone and get away with it. You can kill a former CEC Member in a county and get away with it. Impunity left unpunished breeds even more impunity. We should begin to think seriously. In India, rape of women is becoming an everyday thing because people have learnt that it can happen and you get away with it. Now, we may be talking about Ms. Sharon, but we have forgotten that at the Coast, people are killed almost every day and nobody is brought to book. I think the Senator for Mombasa County is tired of bringing the issue of extra judicial killings before the Senate because it happens every day. We expect the Government, this time around, because perfect crimes can only be committed by governments--- Everybody leaves a footprint. You cannot kill without leaving a footprint. Even when the late Hon. Ouko was killed, he left a footprint. However, it is those who are in charge of law enforcement that avoid these footprints. It is a shame for somebody like Mr. Oyamo to be brought before the court or the way somebody was brought before the court for killing the late Mboya, while leaving the person who was responsible. Until the real killers of Ms. Sharon and that girl in Isiolo County are brought before the court and dealt with in accordance with the law, it will continue.

Madam Temporary Speaker, killing innocent people is always a wrong thing to do. Yesterday, I came back from burying Mr. Kapolondo Olepere, a young man who was attacked by haters when he was taking care of his cows. Recently, Ms. Sharon was killed, yet there is nothing that we are doing. It is wrong. There is no faith, tradition or religion that condones killing. When we have a government that does not take action, there is no solution that we will get. We are Members who have been entrusted by our society to defend life and protect everyone. It does not matter what we say here. The more we continue taking and spreading hate, the more the killings will continue.

Thank you, Madam Temporary Speaker, for giving me this chance to say a word of condolence to the two families who have lost their loved ones through very inhuman activities. In every society, including the one that I come from, killing an expectant mother is a demonstration of the worst kind of inhumanity. That is beyond the normal thinking and it is a concern for all of us. It happened to Ms. Sharon and we do not know whom it will happen to tomorrow. We also have daughters and if we distance ourselves from such activities in our society---

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

Thank you, Madam Temporary Speaker. I rise to contribute to this important Statement by the Vice Chairperson of the Committee on National Cohesion, Sen. (Rev.) Waqo. What is happening in this country is an extension or manifestation of the levels of impunity that we have in this country. We lost Ms. Mercy Keino and we have not yet had results. There is also the case of the young lady who was killed together with the late Mr. Msando. In fact, she was termed collateral damage at the time of her death. Nothing has come forth from those investigations. Madam Temporary Speaker, we need to handle the impunity that is in this country. I am happy that we are wearing red today because this county is on the red light because everything seems to be going---

Thank you, Madam Temporary Speaker. On behalf of Nandi County and many Kenyans of goodwill, I take this opportunity to pass our condolences to the family of the late Sharon Otieno and many people who have been brutally murdered. Finally, the Bible says in the book of John 10:10 that the devil came to steal, destroy and kill. It is unfortunate that our counties have now become rogue. I hope that our counties will not turn into dens of criminals and murderers. Therefore, I hope that necessary agencies will move with speed and ensure that the real perpetrators are arrested.

(Sen. (Prof.) Kamar): Finally, Sen. (Prof.) Ekal.

Thank you, Madam Temporary Speaker for giving me the chance to also add my voice to this issue. It is so unfortunate that somebody had to lose her life because somebody wanted to hide something sinister. I condole with the family of the late Sharon Otieno. It is such a sad thing for a young life to be lost like that and to make matters worse for the life that was within her. This is so beastly. I cannot begin to imagine somebody that would do such a thing. Therefore, as Mheshimiwa Sen. Pareno said, people in our society now commit crimes without caring. The impunity that is so common in this country must be----

(Sen. (Prof.) Kamar): Sen. Nyamunga, did you switch your microphone on and off?

Yes, Madam Temporary Speaker.

(Sen. (Prof.) Kamar): Are you okay now?

Yes, Madam Temporary Speaker.

(Sen. (Prof.) Kamar): Good. Before we move to the next Order, I have a Communication to make.

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

Thank you. Madam Temporary Speaker, I rise pursuant to Standing Order No.53 to issue a Statement on the passing on of the former United Nations (UN) Secretary General, Auditor-General Kofi Annan. Today in Accra, Ghana, His Excellency (H.E.) Kofi Annan, the former Secretary General of the UN and Nobel Peace Prize Winner and a top world diplomat is being laid to rest. I am glad that the Republic of Kenya is being represented by the Speaker of this House and my party leader, the former Prime Minister, Rt. Hon. Raila Odinga. Madam Temporary Speaker, I am aware that this House has already observed one minute of silence in memory and Sen. Wetangula, the former Minister for Foreign Affairs has given his tribute. Madam Temporary Speaker, I am glad that you have given me this opportunity to pay a personal tribute to a friend. I grieve a friend, who in many respects, qualifies to be one of the greatest sons of Africa and a renowned world leader. I feel particularly privileged to have known him at an official and a personal level. I have known H.E Kofi Annan since 1981 when I was appointed a Special Rapporteur of the United Nations Commission on Human Rights (UNCHR). At that time, he was an officer at the secretariat of the UN at the level of director. We interacted a lot in those days and in particular, on the role of Africans in the UN and how the UN can play a bigger role in economic development matters which we felt should be more multilateral rather than bilateral, in view of the division of the world between east and west. These interactions included another eminent Ghanian called Kenneth Dadzie who at that time was the deputy Secretary General of the United Nations Organisation and James Yona, who at that time was under the Secretary General of UN. Both of them were senior to us. It was no accident that Kofi Annan is the only Secretary General of the UN who rose through the ranks from the lowest to the top level. Hon. Speaker, it was Kofi Annan who appointed me, when I was the Attorney- General of Kenya in September 1996 to be on the panel of eminent persons which investigated the insecurity in Algeria for the Security Council. The other members of the panel were His Excellency Mario Suarez, the former President of Portugal, Rt. Hon. Inder Kumar Gujral, the former Prime Minister of India, the former Prime Minister of Jordan, Grace Machel and Mrs. Veil, the first lady Minister for Foreign Affairs of France. Madam Temporary Speaker, I considered it very humbling that H.E. Kofi Annan could appoint me on such a panel when I was just a mere Attorney-General in Kenya. It was Kofi Annan who appointed me to chair the panel of experts, one from India and the other from the United States of America (USA) to investigate the Harbel massacre in Liberia and submit a report through him to the Security Council of the United Nations (UN) Organisation. 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. That was a Statement pursuant to Standing Order No. 53 and so, it does not attract any debate. We had our share of debate anyway. The next Statement is pursuant to Standing Order 52(1), to be given by the Senate Majority Leader.

Madam Temporary Speaker, I wish to present my Statement on the Business of the Senate for the Week Commencing Tuesday, 18th September, 2018, pursuant to Standing Order 52(1). Hon. Senators, pursuant to Standing Order 52(1), I hereby present to the Senate the business of the House for the week commencing Tuesday 18th September, 2018. I take this opportunity to welcome you back from the month long recess. I hope the break served you well and you are now energized and ready to proceed with the business of the Senate in accordance with our mandate of representation, legislation and oversight, as provided for in the Constitution. On Tuesday 18th September, 2018, the Senate Business Committee (SBC) will meet to schedule the business of the Senate for the week. Subject to further directions by the SBC, the Senate will on Tuesday 18th September, 2018 continue with consideration of business that will not be concluded in today’s Order Paper and any other Business scheduled by the SBC. On Wednesday 19th September, 2018 and Thursday 20th September, 2018, the Senate will consider business that will not have been concluded on Tuesday and any other business scheduled by the SBC. Hon. Senators, the following Bills are at the Second Reading stage- (1) The Physical Planning Bill (National Assembly Bills No.50 of 2017), which is due for Division. (2) The Care and Protection of the Older Members of Society Bill (Senate Bills No.17 of 2018). (3) The Local Content Bill (Senate Bills No. 10 of 2018). (4) The Impeachment Procedure Bill (Senate Bills No. 18 of 2018). (5) The Data Protection Bill (Senate Bills No. 16 of 2018. (6) The Petroleum Exploration, Development and Production Bill (National Assembly Bills No. 48 of 2017). Additionally, there are Bills due for consideration at the Committee of the Whole, which the SBC will schedule accordingly. These are:- (1) The County Boundaries Bill (Senate Bills No. 6 of 2017). (2) The Office of the County Attorney Bill (Senate Bills No.3 of 2018). The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you, Senator. Hon. Senators, for the convenience of the House, and on account of the timeliness in law of one of our very important documents, I wish to allow the laying of a Paper and a Notice of Motion to be given by the Chairperson of the Senate Committee on Finance and Budget. That is the Report on the County Governments’ Cash Disbursement Schedule for the Financial Year (FY) 2018/2019 whose deadline is next Tuesday. Chairperson of the Committee.

Thank you, Madam Temporary Speaker. I beg to lay the following Paper on the Table of the Senate, today, Thursday 13th September, 2018:- Report of the Standing Committee on Finance and Budget on its consideration of the County Governments’ Cash Disbursement Schedule for the Financial Year 2018/2019. 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): Next Order.

Madam Temporary Speaker, I beg to give notice of the following Motion:- THAT, the Senate adopts the Report of the Committee on Finance and Budget on cross-examination of the County Governments Cash Disbursement Schedule for the Financial Year 2018/19, laid on the Table of the Senate, today, Thursday, 13thSeptember, 2018.

(Sen. (Prof.) Kamar): I see an intervention from Sen. Nyamunga. Is that your machine, Sen. Nyamunga or you are on a point of order?

Madam Temporary Speaker, I was hoping that you will give me an opportunity to welcome my people. The Leader of the Minority from Kisumu County Assembly is around. I wanted to welcome them to the House and to let them know that they are most welcome and that we will visit them very soon in Kisumu.

(Sen. (Prof.) Kamar): You managed to sneak in before I could tell whether you were in order or not. However, I had welcomed them for you and you have also welcomed them.

Madam Temporary Speaker, I beg to move the following Motion:- THAT, pursuant to Standing Orders 187, 189 and 218, the Senate approves the nomination of Sen. Fred Outa, MP to serve in the Standing Committee on Health. I would have loved to have Sen. Outa to be here to listen to this very serious Motion but this is a very simple matter. It requires for the approval of the hon. Senator of this House. Following the unfortunate demise of our colleague, Sen. Ben Okello, there ensued a vacancy in various Committees and one of which is the Committee on Health. The necessary consultations have been done by the Minority Side and the Report was brought to us in the Senate Business Committee (SBC). Having evaluated the report, the SBC came to the conclusion that Sen. Outa is extremely qualified to serve in the very important Committee. Sen. Outa is the Senator for Kisumu County and a former legislator with the National Assembly. He has the passion and the commitment to fight and defend the interest of counties and county governments. The Committee on Health is a very important Committee. I had extensive discussion with the Chairperson of the Committee in so far as delivery of their mandate. Senators will know that there is no other social function that has almost been fully devolved except policy at the national level other than health. As we discuss universal healthcare in this country, the implementation of that very important policy - the President’s desire in his Big Four Agenda - which is part an offshoot of his manifesto, is going to take place in the counties. Therefore, we do not want a national conversation on the state of health when the Committee on Health of the Senate is not at the centre stage. The reasons are that if we are not part and parcel of the details, we are unable to properly participate in the oversight. There is a protracted debate and counties have approached us that they are unable to pay money related to leasing of medical equipment because what they had budgeted and expected has gone higher. This conversation took place in the Legislative Summit and it is an ongoing conversation. We need the Committee on Health to take the lead in so far as this conversation is concerned. I want to thank the Chairperson of the Committee on Health The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order Senators. I think that we are interested in what the Senate Majority Leader is canvassing in the House. Kindly, let us consult in low tones.

Madam Temporary Speaker, kindly ask the Senator of Narok County to reduce his nomadic movements, especially when in the Chamber.

What is wrong with that?

We need to have that critical conversation. If there is an area that this Senate must take seriously in their responsibility, then it is heath, agriculture and water for they are highly devolved and they are also things that concern the common mwananchi across the country. I urge the Committee on Health to invite us for a breakfast meeting or a

where we will have a conversation with the Cabinet Secretary of the Ministry of Health and the Chairperson of the Council of Governors on matters of health. Let us be apprised of what is happening in the counties. We heard that Makueni County was launching a Universal Healthcare Programme and Kajiado County, where you come from, Madam Temporary Speaker, was doing something on Universal Healthcare Program and Insurance, though I did not see you buy a goat. They have a programme where a family can donate a goat and the money can then go towards good health for their families. We need to be apprised of these kinds of programmes for us to know the accountability mechanism inbuilt for us to have a mechanism of over sighting in the counties. I do not want to say much. It was just about approval of Sen. Outa as a Member of this Committee. It is a very straightforward Motion and I think that it may not require 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.

I now call upon the Senate Minority Whip to second.

Madam Temporary Speaker, I rise to second the Motion that Sen. Outa, who represents, Kisumu County to serve in the Committee on Health. I must disclose that he had declared the intention to serve in the Committee. At the time our colleague, the late Ben Oluoch, passed on, I had attempted to negotiate for him to swap with Sen. Outa because of his experience in the Health Committee of the National Assembly. So, he comes with a lot of experience. I am glad that this Motion is on the Floor and I can see the Senate Majority Leader is on his feet but I do not know whether the Chairman is here. In the discussions we had at the Senate Business Committee (SBC), one of the functions that are fully devolved is health. I do not think we are doing justice to the Committee because we are not doing enough. I was pleasantly surprised and possibly not happy when I saw Members of the National Assembly going round hospitals in Thika, Eldoret, Kisumu and Eldoret giving the nod on medical leasing equipment. Why would we abandon our own cause? This afternoon, the Chairman of the Committee on Finance and Budget has tabled the cash disbursement schedule and Senators need to look at it. Every county is contributing Kshs200 million in advance for the medical leasing equipment. This is our mandate and the Vice Chair is here. This is something we must take up. Why are counties paying Kshs200 million every month? Sen. Nyamunga mentioned that she has never seen the equipment and somebody else also said the same. As we interchange, maybe the Senate Majority Leader needs to shake the Committee a bit. He should summon them to his Office, like I saw you having a meeting with Sen. Orengo. There is something that needs to be done with this Committee. When we go to Eldoret, they should go to Moi Teaching and Referral Hospital (MTRH) and Jaramogi Oginga Odinga Teaching and Referral Hospital and other Level 5 and Level 6 hospitals. Let us interrogate and tell Kenyans if we are getting value for money. I can tell you that in Makueni we are not getting value for money. I have been to two hospitals and there was no justification for paying - is it Kshs94 or Kshs95 million since 2014 and now Kshs200 million. I was informed that the equipment I saw in Makindu Level 4 Hospital was purchased at Kshs50 million but it would have been purchased at less. So as we continue to interrogate that, we would like to put some impetus into this Committee. As the Senate Majority Leader supports this, I would like him to use his Office, together with his Deputy, to get some work done by the Committee, so that justice to the function of health is done because the people who fund the function of health have found something to say. They are talking of reverting the function to the national Government and that should not happen. I thank you, Madam Temporary Speaker. I beg to second. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I oppose this Motion very strongly. Sen. Outa is one of the most astute and passionate Members of my Committee on Security, Defence and Foreign Relations. I would like to know, from the Leadership and the Whip, why he is being removed from an already strained committee and why he is getting more responsibilities. I do not know if the diligence is a Kisumu thing because Sen. Nyamunga is the same. I am glad that the members of staff from Kisumu County Assembly are here. I want to tell them wan kanyakla, wan kanyachiel and they should pass my greetings to my brother, the Speaker of Kisumu County Assembly, Mr. George Onyango Oloo. On a serious note, in the past, it has been a tradition that when a Member of the House--- I am not sure about the Senate, though I know that when the late Otieno Kajwang passed on, the committees he sat in were left vacant because he was in the Joint Committee on National Cohesion and Equal Opportunities that I used to chair and he was replaced by the Senator of that same county who took over. It will be important for us to understand whether that tradition has changed because I am sure the same happened to Sen. Mutula Kilonzo Jnr. He went to the same communities that the previous Senator for Makueni was in. If it is not the tradition, I would like to know whether we are overburdening Sen. Outa. For those reasons, until I am convinced and we vote, I strongly oppose this Motion. However, allow me to add my two cents to the fact that health is the most important devolved function. In fact, those who have clamoured for health to go back to the national Government must as well say that we scrap devolution. Health is one function that is felt across the country by all households. It is one function that is a matter of life and death. So, if this is to strengthen that Committee, then I will support. I will support if it is to give that Committee more presence, the ability to focus on the current issues and the ability to innovate about solutions, especially with respect to universal healthcare and how to fund it. I will give you an example. This Committee should propose conditional grants to certain counties. For instance, Nairobi City County needs only Kshs2.4 billion to ensure that 486,000 households in this county are able to get healthcare. This is money, even without going through the National Hospital Insurance Fund (NHIF), if managed well by county governments will be used to pay doctors and fund hospitals.

I do not know what the Senate Majority Leader means by saying it is criminal. Universal healthcare is an important part of the Big Four agenda and our lives as a country that the Senate should take its place to innovate for. In fact, if we innovate well enough, it will be even much cheaper than it has been envisaged. Of course, you know the kind of burden on Kenyans right now. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I stand here proudly as the Vice Chairperson of the Committee on Health. Whatever my colleagues here say, we are trying our best, but the Senate and the Executive are not helping us. I remember last time, when the President was launching the Rapid Results Initiative (RRI), I invited myself to the Kenya Medical Supplies Agency (KEMSA).

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. This is exactly what we are talking about. Our Standing Orders are clear on the role of the Committee on Health; to consider all matters relating to medical services, public health and sanitation. The issues that the Vice Chairperson is telling us are very weighty. He should not tell us about them casually. He should have brought a report from the Committee on Health after they have sent themselves to investigate these issues. We are asking them to just play their role and not join us in lamenting and talking casually. Bring a report to the table of this House, so that we can debate it. Let us know the status of health in your county, Nairobi, Siaya and Makueni counties and do what is supposed to be done. Is it in order for the Vice Chairperson of the Committee on Health to lament in the same way I have lamented, yet he should provide the solution on these issues?

Some guidance. For some time, I wondered whether we were debating the admission of Sen. Outa to the Committee on Health or substantive issues. Since they are inter-related, I order that we proceed with the issue of Sen. Outa. Any other substantive matters can be brought in a substantive Motion before this House.

Thank you, Madam Temporary Speaker. I support the inclusion of Sen. Outa to the Committee. We need him there, but I am pointing out the problems that exist, nationally. There are problems with the Cabinet Secretary and universal healthcare. However, we will play our part. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. First of all, I am surprised that Sen. Sakaja is opposing this Motion, yet he did a very strong presentation as to why Sen. Outa should go to the Committee on Health. The late Sen. Oluoch was also a Member of the Committee on Agriculture, Livestock and Fisheries. As the Chairperson of that Committee, I am thoroughly disappointed and the Senate Majority Leader and Senate Minority Leader should hear this. That Committee has a big agenda. It is one of the Big Four Agenda items and a devolved function too, just as health. However, most of the times we find ourselves unable to even conduct business because we do not raise quorum. We urgently need the replacement of our late brother, Sen. Oluoch. If need be, we should even get some more Members. I am very proud of the two ladies in my Committee because they make the quorum most times. They are very hardworking and diligent. Madam Temporary Speaker, we have a major agenda in the Committee and currently, we are looking at issues of coffee and cotton. However, most times we find ourselves unable to conduct business for lack of quorum. Perhaps it is time that the Senators are sent to Committees where they feel comfortable. I think we should relook at the membership of our Committees. Maybe we have sent some Senators to Committees where they have no interest and that is why we have a problem of quorum all the time. Some issues have arisen on the Floor of this House because Committees are not performing their functions due to lack of quorum. I support the appointment of Sen. Outa. However, at the same time, I am making a case for the Committee on Agriculture, Livestock and Fisheries; that we urgently need replacement of the late Sen. Ben Oluoch who was also a Member of our Committee.

Thank you, Madam Temporary Speaker. I congratulate Sen. Outa for being nominated to serve in this Committee. I believe that this House will approve his nomination. We call him the Thur Dibuoro; Tsunami of Kisumu County. I am sure that he understands why that name is alluded to him. I served with him in the National Assembly and on several occasions, we were thrown out of the Chamber on account of standing strongly on issues. Madam Temporary Speaker, every speaker who has spoken so far has alluded to one fact; that our visibility in terms of health matters is really lacking. We are supposed to be the ones taking the issues relating to matters health head-on. If we are supposed to have a public interest issue, it should emanate from here. However, we have not taken The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker.

There is a point of order from the Senate Majority Leader

Madam Temporary Speaker, I raise this point of order unto your attention of the Standing Orders that we cannot discuss any Member of this House without a substantive Motion. While, it was okay to generally encourage the Committee to take up these issues and so forth, it becomes dangerous when we slide to a situation where we are discussing specific Senators in a negative light without a substantive Motion. Whereas I respect the views of Sen. Mwaura, I think the direction he took is dangerous. Just like the other Senators have done, he should encourage the Committee on what they can add into their work.

Madam Temporary Speaker---

Order, Senator Mwaura. I bring to your attention the provisions of Standing Order No. 96 (4) which states that:- “No Senator shall impute improper motive on any other Senator or to a Member of the National Assembly except upon a specific substantive Motion of which at least three days notice has been given calling in question the conduct of the Senator or Member of the Assembly”. So, I hope you are not imputing improper motive on any Member of this House.

Madam Temporary Speaker, the guilty are always afraid. I have not mentioned anybody. The only name I have mentioned is that of Sen. Dr. Abdullahi Ali who is in this House. Therefore, I do not know what the problem of the Senate Majority Leader is. There was nothing that was out of order. Let me continue because the Senate Majority Leader has the capacity to talk more than me. Let me have the space. Madam Temporary Speaker,----

Order, Sen. Mwaura. We cannot ignore a point of order.

Madam Temporary Speaker, Sen. Mwaura has to respect his colleagues. He is completely out of order. We protected him in the past when worse things were said about him by a Member of this House. In the same breath, when he says that a certain Senator should take over the chairmanship from the other, he is imputing improper motive on the presence of the current Chair. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I have not tried to challenge you, and I have no capacity to challenge you. I ask the Senate Majority Leader not to incite you to take unnecessary action.

Madam Temporary Speaker, there is the issue about the invisible hand of the market. I also tell the Senate Majority Leader that I will return favour for favour. I have supported his job which he has done well so far. The only thing is that he tries to interfere with other people, yet he has a lot of time to speak. There is the issue of the visible hand of the Government and the invisible hand of the market. These are the interests that we are seeing in the health sector where we have a whole Kshs9.4 billion going to equipment that hospitals do not need. Who is profiteering from this contract that started with Kshs4.7 billion and is now worth Kshs9.4 billion that had been factored wrongly in the past division of revenue? So, Sen. Fred Outa, as a new Member of this Committee, has a big role. I support Sen. Sakaja who has said that he is a very active Member. Therefore, he should ask these questions which we have been unable to ask in the Committee on Finance and Budget. We need more voices so that we come to the bottom of who is making our people suffer when we need more essential services within the health sector yet we are profiteering some companies and individuals through big tenders whose value we do not know. Madam Temporary Speaker, I was privileged to travel to Embu Level 5 Hospital last weekend. Indeed, it is wanting and Sen. Ndwiga can confirm that fact. In that county, almost 50 per cent of their development budget goes to that one single hospital. I spoke to the Hospital Superintendent, Dr. Njiru, and he told me that some doctors do not want to pursue certain disciplines because some are more lucrative than others yet some of them are where the people need the services the most. The health sector is ailing in this country. Madam Temporary Speaker, in my County of Kiambu, four people are sleeping in one bed yet my own governor, Gov. Waititu, is spending Kshs2 million per day fighting alcohol. He argues that the hospital is good because patients come from other counties. However, that is not true because we have three Level 5 hospitals; Kiambu Level 5 Hospital, Gatundu Level 5 Hospital and Thika Level 5Hospital. There is a lot of oversight with regards to how health institutions are managed. Madam Temporary Speaker, we need a strong health Committee. I will say without fear of doubt that a Committee is as strong as its Members. If there is some need to inject new strength in this Committee, I call upon our able Senate Majority Leader and the Senate Minority Leader, Sen. Orengo, who I respect a lot, to crack the whip so that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, in view of the requests that we have, we will now reduce the time of the debate to five minutes per Member. I kindly guide that we restrict ourselves to the agenda, that is, admission of the Member. Sen. Cheruiyot.

Thank you, Madam Temporary Speaker. I support this Motion on the inclusion of my good neighbour and friend, Sen. Fred Outa, into the Committee on Health. This is so especially with the very glowing credentials about him that have been given by his Chair from the other Committee that he is serving in. The time has come for us, as Senators, to properly consider what our gifts, strengths and passions are, especially in matters Committee. If you find that you are placed in a Committee where your faculties do not serve you extremely well and you are in an area where you are limited in terms of knowledge and skills, I think there is no harm in approaching your side of the House leadership and requesting to be moved to other Committees where you can serve more diligently and give your best skills. Madam Temporary Speaker, I agree with my colleagues who have spoken. I know by doing this I run the risk of falling afoul with the Senate Majority Leader on the earlier - I do not know if it was an instruction or suggestion he gave - that we should be careful when discussing the conduct of other colleagues. However, I agree to a great extent with what Sen. Mwaura was pushing; that our Committee on Health needs to be more visible. A classic example is when there were issues in many of our hospitals, including Kenyatta National Referral Hospital. We saw the zeal and energy with which Members of the Committee on Health of the National Assembly visited that hospital. Of course, the Senator for Nairobi City County was also there with them. Visibility gives you credibility. If you are not there, nobody will appreciate that you exist. That is why the Ministry of Health can dare plan functions that are purely health-related and not invite the Senate, because they do not see the Committee anywhere. Madam Temporary Speaker, I, therefore, challenge my colleagues, and this is purely on a friendly basis. I am not saying that you have failed in your duties. However, increase your visibility as a Committee. You will remember very well that when we were tabling the Division of Revenue Bill here, together with County Allocation of Revenue Bill, there were concerns raised by Members of the Committee on Finance and Budget about large scale procurement that is being done by Government year in, year out, yet Committees of the Senate do not take time to investigate what is open and blatant theft of public resources. A good example is the CT scan machines that are now being installed in our public hospitals. It cannot be that the amount it takes to buy the machine is equal to the amount it takes to train people who will run them. If you go to the budget of the Financial Year 2018/ 2019 that is what the Ministry of Health has done, yet our Committee on Health has not addressed itself to the particular issue. 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 must say that Sen. Mwaura is immaculately dressed today. I am happy that of late, he has quite improved in terms of dressing.

I support the Senate Majority Leader on the appointment of Sen. Outa as a Member of the Committee on Health. As Senators, we have had an interest of discussing issues of health, which is very emotive across our counties. I know Sen. Outa as a very hardworking Senator and a rabble-rouser most of the time. I hope that he will translate the energy and passion that he normally has to ensure that the Committee on Health works to its best ability. Madam Temporary Speaker, secondly, I urge the Senate Majority Leader, the House leadership and the Senate Minority Leader, who is one of the Senior Counsel in this House that we need to regularly meet in the Liaison Committee. This will ensure that we do not ventilate on some of the issues on the Floor of the House. As the Liaison Committee, we need to sit, discuss and agree on some of these things that are causing problems. Madam Temporary Speaker, I have heard what Sen. (Dr.) Ali said. When we had a meeting of the Ad Hoc Committee on the issue of maize that was chaired by Sen. (Prof.) Kamar, it was very sad to note that the Cabinet Secretaries and senior government officials are taking invitations by the Committee so lightly that they casually send their messengers, tea boys and flower girls to the Committee that deserves seriousness. It is very sad that Cabinet Secretaries take the Committees’ work so causally and lightly. I hope the Senate Majority and Minority Leaders are taking note, so that a riot act can be read to the Executive. If the Executive and Legislature have to support and complement each other, we must have mutual respect. When a Committee invites a Cabinet Secretary, they should know that they are not more important than anybody else because we serve one Kenya. I hope the Senate Majority Leader will discuss with the Executive, so that we have a seamless engagement. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

You have one minute, but restrict yourself to Sen. Outa’s admission to the Committee on Health. I have not heard you mention that.

Madam Temporary Speaker, the HANSARD will bear me out because I had indicated that at the start of my submissions. I have also said that he is my neighbour and he is a rabble-rouser down there. Finally, I want to agree with my fellow Senators. Why is it so hard for the National Hospital Insurance Fund (NHIF) to partner with counties? This thing of centralising things is so archaic. We want to tell the Ministry of Health and the other county executives in charge of health that we want to see improvement of health in our counties. There are also problems in the health sector in my county. Therefore, we need to realise that. We even have problems in Kapsabet County Referral Hospital but I think that in the fullness of time, when we give the necessary support and capacity, we will improve the situation. I support the inclusion of Sen. Outa into the Committee on Health.

Madam Temporary Speaker, I also wish to rise to support the Motion and the elevation of Sen. Outa into this very important Committee. Sen. Outa is up to the task. He desired to be in this Committee, and I think that it is important for somebody to have a sense of drive and mission before choosing to go to any committee. In light of what Sen. Mwaura was saying, if you looked at the old Constitution, the repealed Constitution, the role of oversight was not emphasised in the constitutional 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 onset, I want to support this Motion. Sen. Outa is equal to the task. I was with him in the 11th Parliament, I know how capable he is. I also want to support the sentiments of my colleagues that when it comes to health, agriculture and all devolved functions, we should all speak in unison for us to be heard. We need to support the work of these committees and we need to make the ministries concerned to support the devolved units. When we talk about health, we simply talk about Level 4 and 5 hospitals. Some of our colleagues need to visit the very small dispensaries. When I am speaking of this, I need the attention of the Senate Majority Leader. Some of us who are aware of the situation of the dispensaries and health centres in our counties know that there is a total mess in the health sector. We need to raise our voices to speak about health so that it can be felt as a devolved function.

Madam Temporary Speaker, I stand to support this Motion, that Sen. Outa joins the Committee on Health. I have served with him in the Committee on National Cohesion, Equal Opportunity and Regional Integration where you also sit and I have seen his commitment and passion in serving. Health is an important sector. We all know that many of our counties have suffered in the past. For example, in Marsabit County where I come from, we now have referral hospitals where many people receive good services, thanks to devolution. However, the problem is that the country is pumping a lot of money in the Ministry of 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 join other Members to congratulate my good friend, Sen. Outa, who represents Kisumu County, for his nomination to the Committee on Health. For the time I have known him, I have no doubt in my mind that he brings on board a wealth of experience in parliamentary committees, having been a Member for the past 10 years. So, the committee will have rich ideas with his coming on board. There is no doubt that health is one of the most sensitive sectors in our country. Of all the services that were devolved, there is none that has faced many challenges more than health. Every Senator who has had a good touch with their county will confirm to the House that issues of management have posed serious challenges to our governors. So, there is no doubt that the issues that Members have raised this afternoon, to the effect that the job is cut out for Members of this Committee, cannot be more timely. Devolution of health has worked in many countries and I do not see why it should not work in Kenya. Ethiopia came up with a model. They have a four-tier devolution system in health and it has registered tremendous success. Our brothers in Ghana introduced it and it has worked very well. It was introduced in Thailand and it has worked very well. The biggest challenge we are facing is that our counties have embraced corruption in the way they manage the health sector. If you visit many counties, you will see that the highest allocation in terms of budget goes to the health sector. 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 have Sen. (Dr.) Musuruve.

Madam Temporary Speaker, thank you for giving me the opportunity to add my voice to this Motion. Kindly, allow me to condole with the family of Ms. Sharon who passed on. On behalf of Persons with Disabilities (PWDs), my family and myself, I condole with this family. My prayer is that justice will not be delayed in this case. I support the Motion that seeks to appoint Sen. Outa to the Committee on Health. The fact that he desires and has expressed interest to be in the Committee tells us that he will be a committed Member. He will give meaningful input and his membership will be valuable. I know that Sen. Outa is equal to the task and can perform. I believe that he is one of the people who will change this Committee. Madam Temporary Speaker, there have been concerns about the Committee being inactive. It is important for the Committee on Health to be active. Health is one of the Big Four Agenda items. A healthy nation is a productive nation. If people are not healthy, they will not perform. It is also a devolved function and the Senate stands out to represent counties. It is, therefore, important that the Committee be reconstituted. I am happy that the Senate has intervened with speed and Sen. Outa is joining the Committee. The health sector faces many problems and there have been a number of complaints in some of the health institutions in the counties. There are hospitals like Pumwani Maternity Hospital where patients share beds, while others do not have enough drugs. These are issues that need to be addressed by the Committee on Health. There is need for the Committee to be vibrant in all its activities. There is need for the Committee to leave a legacy. It should be said, for example, that in the 12th Parliament, the Committee delivered to the people of this Republic. We have been appointed to represent the people of this Nation. So, there is need for the Committee on Health to be active. Madam Temporary Speaker, I beg to support. 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 see no further requests. I, therefore, call upon the Mover to reply.

Madam Temporary Speaker, I have listened to the various views that were more about the Committee on Health than Sen. Outa as a person. The sentiments are welcome and I appreciate the auditing of the performance of the Committee on Health, and I am the one who initiated that debate. I also urge Sen. Mwaura to be very cautious because he is also a Vice Chairperson of a Committee that we are likely to subject to the same auditing criteria that he is applying to others. That is why I am warning him about collective responsibility. I have had a heart to heart discussion with the Chairperson of the Committee and he has told me what they are doing. Some of the things that they do are not in the public domain. However, there is need for that Committee to pull up its socks. It is now becoming apparent that it is not just that Committee, but many other Committees. The Chairperson of the Committee on Agriculture, Livestock and Fisheries has mentioned to me that he is lucky to get two Members to come to meetings. Sen. (Rev.) Waqo who is the Vice Chairperson of a very important Committee has also said that some Members just come in, sign and leave. I even know Members of this House who come to this House thrice in a year. Of the three, they speak only once. I think we need integrity on some things in this House. As the Senate Majority Leader I will meet my colleagues on the minority side. I think that we need a major reshuffle in so far as the Committees are concerned. We need to put people where they have interest. Maybe we were wrong in sub-dividing the Committees. We can go back to merging them, so that we have fewer Committees. I think the wisdom that dictated the creation of these Committees at that point in time needs to be re-evaluated. We can merge, for example, the Committee on Roads that was split from the Committee on Energy. I hope that people will not start saying that they were interested in being in this or the other Committee. Like the way we discuss statements in this House, I think we need a Kamukunji to discuss the performance of committees. If you do not attend the Kamukunji and you are a Member of a Committee, we will get you out, so that we start afresh. This is because when the names come here, all of us will approve them. We do not want people to come here and lament. Sometimes we protect people but at their expense. I think what is missing in this Senate is the vibrancy of a number of the Committees in addressing issues in the public interest, and people are questioning it. Sen. Mwaura, if you listened to me very carefully, in my lawyerly way, I am saying the same things as you. However, I am more careful in terms of attributing it to an individual. I am just saying that we need the performance of that Committee to be visible. That is the same thing that we discussed in the Senate Business Committee (SBC). Whether the problem is the Chairperson or maybe the Chairperson is available and Members are not, that can be interrogated. However, the Committee needs to be visible in performance of its function, knowing that it is at the heart of the Senate. Madam Temporary Speaker, Sir, since we have done one year, I am ready for re- auditing of these Committees. Why do people who do not come to this House chair Committees? If you come to the Senate thrice a year, why would you want to be a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, I now determine that this matter does not concern counties. Therefore, it does not require a division. I will then proceed to put the question.

Hon. Senators, kindly note that we are using the supplementary Order Paper. APPROVAL OF APPOINTMENT OF A NON-MEMBER COMMISSIONER TO THE PSC.

Thank you, Madam Temporary Speaker. I beg to move the 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.

Madam Temporary Speaker, I am sorry I am not supposed to be on record when laughing. Sen. Sakaja has used a word that may need to be interrogated further, but it may go unnoticed because he is a ‘Super Senator’. Madam Temporary Speaker, I rise to second my Chairperson of the Senate Labour and Social Welfare Committee in supporting the approval of the nomination of hon. Chepkong’a to be the male Non-member nominee to the PSC. I base my support on the way I saw him conduct himself in the last Parliament. Hon. Chepkong’a together with others, I included, joined the 11th Parliament. We used to sit together with that gentleman. I remember he liked wearing yellow ties. It was like his signature tune. It is a coincidence that today I am in yellow. I think it is loyalty to the United Republican Party (URP). However, that is not important. I remember sharing with him about his experiences in terms of public procurement and he was very categorical about his experience as the Chief Executive 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.

Could we hear from Sen. Cherargei? I wish to reduce the debating time to five minutes per Member.

Thank you, Madam Temporary Speaker. I rise to support my Chairman, Sen. Sakaja, and the Motion on the approval of hon. Samuel Kiprono Chepkong’a as a commissioner. I have known hon. Chepkong’a as a neighbour and a Member of Parliament for Ainabkoi Constituency. He also sat in the same sit that I am sitting on as the Chairperson of the Committee on Justice, Legal Affairs and Human Rights in the National Assembly. I hope that Sen. Mwaura is not a prophet of doom because he has said that many 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.

Just one minute.

Thank you Madam Temporary Speaker for that indulgence. During the first generation of the realization of devolution, one of the key people who came out strongly to ensure devolution works and full implementation of Constitution, 2010, was the Chairperson of the Committee on Justice and Legal Affairs of the National Assembly, and that is, hon. Samuel Kiprono Chepkong’a. We believe in 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. Cheruiyot Aaron Kipkirui.

Thank you Madam Temporary Speaker. I will try and be brief, so that the rest of my colleagues can also get a chance to comment. From the outset, I want to say that I support this Motion. Hon. Chepkong’a is a gentleman well known to me. We served with him in the last Parliament. Although he was in the National Assembly and I in the Senate, on many occasions we had the chance to interact on many national issues. He is one of the many brilliant gentlemen who lit up the corridors of Parliament during the last Parliament, with great debates. He also gave his contribution as the Chairperson of the Committee on Justice and Legal Affairs of the National Assembly. Madam Temporary Speaker, I had the opportunity also to interview him as a Member of the Parliamentary Service Commission, amongst six or seven others who were interested in serving this position. I want to confirm to this House that he emerged on top and by merit. If my memory serves me right, all the nine Commissioners that are currently serving gave him the leading marks, and he had an unassailable lead. That is proper confirmation that he deserves to serve in this position; to come and join us in the great task of seeing that we fulfill the dream of Article 127 of our Constitution; to have a Parliamentary Service Commission that responds to the needs of our Members of Parliament and provides them with the facilities and all the necessary tools that they need to do their work as legislators. Therefore, I want to plead with my colleagues that they should for sure give the nod of approval to Hon. Samuel Chepkong’a. If he gets approved, it will be a great addition to us, as a team, because of his wide experience, first, as a manager and also as a legislator. This position fell vacant after one of the former Commissioners, none other than my good friend who is here with us, Sen. (Dr.) Ali, vacated this position to go and contest and successfully so, as the Senator for Wajir. He also served with distinction as a Commissioner. As a Member of the Parliamentary Service Commission, this Motion is of great importance to me, because I get a chance to listen to my colleagues and hear the kind of pleadings that they feel need to be provided for them as legislators. I have heard the passionate pleas that have been raised by Sen. Isaac Mwaura on behalf of Nominated Members of Parliament. I want to plead with my colleagues who were elected that a nomination is a special election as well. Therefore, we should on all occasions try to treat our nominated colleagues with the respect that they deserve. On many occasions, not in this particular Parliament, but previous Parliaments, whenever there was anything in terms of facilitation that was extended to the elected members, Members were always apprehensive when the same was passed on to nominated Members. I do not think that is right, I think they too have a purpose for The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I rise to support the nomination of the hon. Samuel Kiprono Chepkong’a as a Member of the Parliamentary Service Commission. From the outset, I wish to say that I know hon. Chepkong’a. I have debated him in other forums and found him to be a man who is highly knowledgeable. He understands what a legislator needs and what he does. From his background, I am very happy to stand here and support him. When he served as a Member of Parliament, he sponsored six Bills. Among those Bills were- (1) The Matrimonial Property Bill. (2) The Marriage Bill. (3) The Election Campaign Finance Bill. (4) The Truth, Justice and Reconciliation (Amendment) Bill. (5) The Protection Against Domestic Violence Bill 2013. Looking at what he has done in terms of sponsoring those legislations, it shows that he is the man, who the sixth President of the United States, Quincy John, had in mind when he said that if your actions inspire others to dream more, learn more, do more and become more, you are a leader. The challenge to him now is to look at the work we do, as Senators. I am from a different school of thought that believes that the Constitution is very clear and fully empowers a Senator to be able to use his ability to defend or to help this country. Article 96 of the Constitution is very clear that the Senate represents the counties and serves to protect the interest of the counties and their governments. When we talk about oversight, particularly now that we are looking at having a Fund that will be controlled by the Parliamentary Service Commission, having someone who understands the importance of a family or society which is accountable will help us. Many a time, you find commissioners who go there with the interest of lining their pockets. I dare say that as Parliament, it is important that the commissioners we have are people who respect the fiduciary duty that they have. They must support this Senate. It is quite often that we hear people talking about the role of the National Assembly commissioners versus the role of the Senate commissioners whereby the position of the Senate is not fully defined. I hope that the Committee on Labour and Social Welfare, as presented by Sen. Sakaja, took Hon. Chepkong’a through all the challenges that this Senate has fought to get to where it is. With that, given that he is a leader, the challenge remains to him. As Winston Churchill said, the price of greatness is responsibility. He is now responsible for ensuring that we take governors to task. The only way we can do so is by ensuring that a Senator who represents hundreds of thousands of people--- Like in my case, I have six constituencies. In the case of Sen. Sakaja, he has got about 17 constituencies. I have taken upon myself to set up my own six offices in Narok County. In most cases I pay the staff from my own pocket to ensure that I am felt by people in every corner of Narok 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.

Madam Temporary Speaker, I stand to support the appointment of Hon. Chepkong’a to replace me in the Commission where I served for three years before resigning to vie as the Senator for Wajir and I was successfully elected. I have been a Commissioner for some time and I know what Commissioners can do and what they cannot do. There are a lot of problems. Hon. Chepkong’a is somebody who I know very well. He is my age mate and we were college mates. We travelled with him one time during President Moi’s time to the United States of America (USA) and the United Kingdom (UK) when university students used to benefit from Mzee Moi’s trips. He is somebody I have known since 1987 to date. When my name was forwarded to be a Member of the Commission under Article 127(2)(d), he was one of the Members of Parliament on the forefront who supported my candidature to become a Commissioner. Hon. Chepkong’a is a very passionate person. If Kenyans did not elect someone like Hon. Chepkong’a who has done all that, then you do not know what sort of people they need to be elected to the Parliament of Kenya. He is somebody who deserves the position. I am sure he will bring a lot of experience, having served as a manager and being a lawyer. I thank you and support.

Madam Temporary Speaker, I rise to support the Motion on the Floor. I want to be on record that I know Hon. Samuel Kiprono Chepkong’a as a Member of the legal profession. When I served as the President of the Law Society of Kenya (LSK), I remember him as a member who was in good standing. To add on that, looking at his Curriculum Vitae (CV), I think Hon. Chepkong’a will bring a wealth of experience to the Commission that ensures that our work as Senators is effective and efficient. He served with distinction as the director-general of the Communications Commission of Kenya (CCK). If we are looking for somebody with experience in management, then we have the right choice. Of course in any capacity you serve, there are challenges and shortcomings. I know there are those who have the view that there are some areas that posed a great challenge to him when he served as the Chair of the Justice 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, thank you very much for the opportunity. I support the nomination of Hon. Chepkong’a to the Parliamentary Service Commission. Most of the time, you will find that when candidates appear before a panel, the panel knows nothing about them but sometimes the referees can be their voice. We have heard many referees here with regard to Hon. Chepkong’a and the references point out that he merits serving in the Commission. Regarding credentials, he has the papers and what it takes. Apart from the papers, because of the wealth of experience that he has, it will enable him add a lot of value to the Commission. Having been a leader before, he knows where the shoe pinches when it comes to leadership. I believe that when he will be in the Commission, he will flashback and remember the challenges that he went through as a leader. I believe that we will be our good ambassador in the Commission. Sen. Cherargei mentioned that he made a promise that he was going to work with the Senate. That can be a good promise if he wants to leave a legacy with us; that he made a promise and walked the talk. I believe he will walk the talk and ensure our issues are addressed by the PSC. Madam Temporary Speaker, Sen. Mwaura talked about the issue of nominated MPs which came out very clearly. It is difficult for them to voice themselves and be visible in the constituency. Just as Sen. Mwaura mentioned, he and I represent PWDs nationally in the 47 counties but we do not get facilitation. It is highly frustrating because our constituents want to engage and see us in all counties but it is impossible to be visible. I believe hon. Chepkong’a will address the issue of nominated MPs in a strong way so that we are facilitated. Oversight is not easy and you must have money. It is a nightmare if you do not have a kitty and especially when your constituency is so wide. For example, it is not easy for nominated women MPs to do all their activities in the whole county. I believe hon. Chepkong’a will be our voice and stand up and ensure that we will remember him for standing with us and voicing our issues. I believe he will be a boon for us in the PSC. I support this Motion.

Thank you, Madam Temporary Speaker, for giving me a chance to also support this Motion. I support the nomination of hon. Samuel Chepkong’a. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, I note that there are no more requests. I also note that the Mover has waived his right to respond to this Motion. I, therefore, determine that this Motion does not affect counties; and proceed to put the question.

Next Order! EXTENSION OF MANDATE OF AD HOC COMMITTEE ON CHALLENGES FACING THE TEA SECTOR

Thank you, Madam Temporary Speaker. I beg to move the following Motion- AWARE that the Senate passed a Motion establishing an Ad Hoc Committee to conduct an inquiry into the challenges facing the tea sector in Kenya, on 14th March, 2018; FURTHER AWARE that the Committee was required to table a Report to the Senate within five months from the date of establishment; CONCERNED that the duration accorded to the committee lapsed on 15th August, 2018 while the Senate was on recess; REGRETTING that due to the heavy workload, the Committee is yet to conclude its inquiry and requires more time; NOW, THEREFORE, the Senate resolves to extend the mandate and duration of the Committee by a further sixty (60) days to enable the Committee to conclude its work and table a report in the Senate. 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. From the onset, I rise to second the Motion by my neighbour, Senator for Kericho, Sen. Cheruiyot. 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 have Sen. Seneta.

Thank you, Madam Temporary Speaker. I support this Motion on the extension of time for this very important Committee. Tea being one of our cash crops, we need to look at how to improve on its production. Food production in this country is faced by a lot of challenges from production, processing to marketing. Therefore, this Committee needed a bit of some time to look at the challenges facing this sector, and also to come up with a report that may be able to advise on the way forward for this important sector. Food marketing in this country is faced by a lot of challenges in terms of competition. Foodstuffs are coming into the country from the East Africa Community (EAC) region and many other countries. Our farmers are not able to sell this cash crop at a profit because of the competition that is being faced. This Committee needed also to look at how the farmers growing this cash crop can be helped. We have the small-scale farmers who are being faced by a lot of challenges in terms of water, shortage of rain, fertiliser, cost of pesticides and other costs of production such as energy. Therefore, this Committee needed a lot of time. They should also open up the scope of their mandate to cover many more of the challenges facing this sector. I support.

Let us have Sen. (Dr.) Musuruve.

Thank you, Madam Temporary Speaker, for giving me the opportunity. I rise to support Sen. Cheruiyot on the extension of time for the Committee. Farmers play a big role in this country and we cannot actually belittle the contributions that they have towards the economic development of our 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, Madam Temporary Speaker. I rise to support this Motion. I realise the work of Ad Hoc Committees is very special. We are the House that speaks for the people. So, if they need a little bit more time to interrogate this matter, then I feel that we should accord them the time. My request to Sen. Cheruiyot is that they should expand their mandate a little bit. When it comes to agricultural products and produce, we need to relook at the whole value chain by empowering our producers, the farmers, to be able to add value to their products. That way, their returns will be higher. I think that in their looking at the challenges, they also need to expand a little further and look at the other methods that they can use to value add their products for them to retain most of its marketability. I have a good example of a coffee farmer in Kiambu who, after so many years of exporting the raw product, has decided to start value adding. He is now drying the coffee beans and grinding and packaging them within his farm and that is the way that Kenyans need to go. Rather than just exporting the raw product, we need to have our own products being packaged right here at our door step and that will then add marketability. If possible, now that they will have extra 60 days that shall be granted, they should look at how farmers can be supported so that they make an extra step. You should also make it more attractive to them because, obviously, they are becoming unattracted to it as a source of livelihood, given all the challenges that you have highlighted. 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.

There being no other request, I therefore call upon the Mover to reply.

Madam Temporary Speaker, I thank colleagues who have expressed their support for this Motion and the many concerns that they have shared with us. I was keenly listening and taking notes and I was wondering whether they too share the concerns that I have. This is a burden and I hope many of my colleagues who serve with me in the Committee have taken it with a lot of zeal and seriousness. I believe that at the end of the 60 days, we shall come up with good legislative proposals that, upon their passage in this House, tea farmers of this Republic will smile again. Madam Temporary Speaker, I know that where you went to school is not far from the county that I represent. If you can remember, Peugeot, the Automobile Company, used to have a dealership in Kericho County where at times like now, when farmers are paid their bonuses, they would walk into the dealership and get out with brand new vehicles. I would wish to inform you that that dealership closed down long time ago because of the suffering that tea farmers continue to face because the market has crashed. Nobody seems to be enjoying it yet it is the leading foreign exchange earner in this country. Sometimes, it just baffles how the Government mistreats the very people that give it the livelihood that it badly needs. Today, we heard the news of how the International Monetary Fund (IMF) has removed the standby credit facility that they normally offer to this country. Apart from that one by the IMF, the other big one that this country is left with is the Foreign Exchange Reserve that we earn from the tea auction in Mombasa. If we continue to leave this sector as it is without a regulator--- If you remember, back then, for you to have a license to open a tea factory, you were supposed to justify where you would get the tea leaves for processing in the factory. Nowadays, so long as you have access to the Ministry of Agriculture and Irrigation and Agriculture, Fisheries and Food Authority (AFFA), you get a license to set up a factory and leave farmers to compete. Most of our farmers are poor and they do not have a choice because they have been impoverished. They take their tea leaves to each and every factory such that at the end of it all, they have delivered everywhere but when you cumulatively put it together, it still does not make economic sense. It is my utmost and sincerest plea to this House. Thank you for the concerns you have shared with us. We shall take this exercise with a lot of seriousness and bring back to this House a report of the challenges together with the proposed ways of addressing them to ensure that once again we have a thriving industry in the tea sector. Madam Temporary Speaker, with those many remarks, I thank you.

Hon. Senators, I determine that this Motion does not affect counties. I will therefore proceed to put the question.

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Sen. (Dr.) Musuruve, you were on the Floor when this matter was last in the House. You may proceed to second the Motion.

Thank you, Madam Temporary Speaker. I rise to second this Motion which is quite valid. I commend Sen. Kasanga for coming up with it because it addresses the common mwananchi especially the youth of this country. This Motion needs to go far. Motorcycles are on the increase everywhere. The motorcycle industry is a booming industry in Kenya, Zambia, Tanzania and many parts of the world. The motorcycle is a preference for many Kenyans especially in the rural areas. When we talk of devolution with regard to motorcycles, this industry needs to benefit from devolution by all means. When we look at the motorcycle industry, it comes in to complement what conventional transport like trains and other means of transport can do. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, it is now 6.30 p.m.; time to adjourn the House. The Senate, therefore, stands adjourned until Tuesday, 18th September, 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.