Thank you, Mr. Speaker, Sir. I wish to table a public petition by a resident of Isiolo County regarding the agreement between Isiolo County Government and Living Goods Limited for provision of community health services in Isiolo County. This Petition was signed by about ten members of the public. It reads:- We, the undersigned, draw the attention of the Senate to the following- (1) It has come to our attention that Isiolo County Government has negotiated an agreement with Living Goods Limited for strengthening provision of community health services in Isiolo, Marti and Garbatula sub-counties of Isiolo County, effective 1st October, 2018 for a period of four years. (2) THAT, the County Government failed to conduct due diligence on Living Goods Limited. The country of incorporation of Living Goods Limited is not identified and the incorporation number and directors of the company are also not identified. As such, the ‘entity’ is not a legally recognised entity with the authority of law to engage in any manner. (3) THAT, the project entails- (a) situational analysis of existing healthcare infrastructure; (b) developing methodology for assessing/measuring impact; (c) providing material necessary for operational requirements; (d) purchase, maintenance and insurance for vehicles and motor-cycles for the project; (e) recruit, train, certify and supervise 920 community health volunteers on key health topics; The electronic version of the Senate Hansard Report is for information purposes

Hon. Senators, pursuant to Standing Order No.231, I shall now allow comments, observations or clarification in relation to the Petition for not more than 30 minutes. Let us have Sen. Mutula Kilonzo Jnr.

Thank you, Mr. Speaker, Sir. This is a very interesting Petition. I thank Sen. Dullo. From reading the facts as stated in this petition, I am persuaded that the Governor of Isiolo has got himself into a misadventure. We are partly to blame because this sort of misadventure by a governor is what got Gov. (Prof) Chepkwony impeached in the last Session. One of the recommendations that the Committee made - I cannot remember whether Sen. Dullo was in that Committee- was that the Public Private Partnerships (PPP) regulations with regard to county governments must be put in place before certain arrangements like these ones are done. Mr. Speaker, Sir, there is no place in the law particularly the Public Finance Management (PFM) Act that would allow a county government--- going by the statements by Sen. Dullo and the rest of the petitioners that money has been deposited in an account of a private entity for purposes of disbursement. For whatever nature, it is against the PFM Act, particularly the section where the county executive under the Constitution Article 222 5 is accountable for the money used. The Petitioners and Sen. Dullo have not mentioned whether this PPP agreement was approved by the County Assembly. If it has not been approved, and is not part of the The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I also rise to support this Petition and congratulate the Senator for Isiolo County, our Deputy Majority Leader, as well as the residents of Isiolo for this Petition. I am surprised that this would be happening at this point in time when we are enlightened on the laws that pertain to the use of public money and resources. The county is getting into this PPP supposedly with a company that is not even incorporated or may not be a legal entity and the kind of money we are talking about is Ksh443 million and not a chunk of change. One of the very major roles of the county government is to make sure that the residents of that county have access to health care. Given that fact, when the county then starts getting into these sorts of agreements, then I believe they are giving their roles to private entities which we have no way holding accountable. Transparency may become an issue as has been captured by the able Senator for Isiolo. We will then be back here in the Senate with probably the County Public Accounts and Investments Committee then calling the Governor about three or four years down the road, when Ksh 443 million has been probably misused and the residents of Isiolo County have not been able to access a good and affordable health care. Given that healthcare is one of the Big Four Agenda, it is very important that we make sure we hold these counties to account and make sure they are doing what is right for the residents of those counties. Mr. Speaker, Sir, when we look at this Petition, everything just stinks. If we do not act, in just a few months or years, this money will be lost or it will not be accounted for or something to that effect. It is a timely Petition and the Senator for Isiolo county is on top of her job as far as oversight is concerned. This is because that is one of the bigger roles of the Senator. By oversighting before the event happens, it makes more sense than coming here to the Senate to cry three years down the road when that money has been misused. I support. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I rise to support this Petition by the good citizens of Isiolo County. The County Government of Isiolo is notorious for violating the Public Finance Management Act. I listened to Sen. Dullo read all those functions which are forwarded to the international Non-Governmental Organization (NGO) called Living Goods Limited. From the little Google search, Living Goods Limited is an NGO that deals with issues of health. Mr. Speaker, Sir, earlier on, I stood here and spoke about the way money collected from the game parks is deposited in accounts of a company called The Kenya Association of Tour Operators

Thank you, Mr. Speaker, Sir, for allowing me to contribute to this Petition. I wish to join my colleagues in congratulating the Senator for Isiolo. It is good to take care of issues in a proactive manner than wait for counties to lose money then start engaging on postmortem issues. It is good to tackle issues immediately they start. Therefore, I congratulate the Senator for Isiolo for that. This is about accountability to the people of Isiolo County. This venture can be used as part of corruption. Therefore, I encourage us to tackle this issue right now so that it is exhausted effectively. Which law will the recruitment of the 100 volunteers be subjected to? Is it for the county or a private entity? How will they be recruited? We need to create jobs in the county and it is the work of the county to do that. This is not the work of an individual investor who is in pretence of working for counties. Mr. Speaker, Sir, in the existing law, there is no framework for Public Private Partnership (PPP). There is one that is under review by the Committee on Finance and Budget. How did they enter into this agreement or PPP without taking into consideration the existing financial laws? Mr. Speaker, Sir, I congratulate the Senator for Isiolo for bringing these issues to the fore. As the Senate, we need to be proactive instead of being reactive to issues where public money is lost. Resources are limited. Therefore, the little resources that go to the counties need to be used more effectively and not shared between individuals. I thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I also join my colleagues in congratulating the 10 petitioners from Isiolo County who have been bold enough to bring this matter to the attention of the Senate. From the Website of Living Goods Company, it describes itself as a non-profit company working in the health sector in many parts of the world. The petitioners have not questioned the ability or otherwise of the Living Goods Company to undertake this project. Therefore, I will go straight to the matters that the petitioners have raised. Mr. Speaker, Sir, in that Petition, there are questions of procedure; whether the deal as signed by the executive arm of the County Government of Isiolo was done in accordance with the Constitution and the law. This matter is not confined to the County Government of Isiolo but it affects many counties in this country where the executive think that they are a law unto themselves and they can do as they please on matters of public resources. Mr. Speaker, Sir, I was listening carefully as Sen. Dullo was reading that Petition. Do we understand whether there was any role whatsoever of the County Assembly of Isiolo in this matter? If there was, she did not read that section of the Petition. If there is no role of the County Assembly of Isiolo, in this matter I would definitely say this is open fraud and it must be stopped before it is even rolled out. The second aspect that I wanted to hear, and I did not hear it being read is the issue of public participation. Before these petitioners complained that the procedure that was used is wrong, I would have wanted to hear what was the role of the public in The electronic version of the Senate Hansard Report is for information purposes

Hon. Senators, before I even commit this Petition to the Committee on Health, you have heard the issues being raised and I have seen Members of the Committee on Health here. You should move with the urgency this matter deserves so that we do not lose money.

Hon. Senators, pursuant to Standing Order 232(1) the Petition stands committed to the Standing Committee on Health. So, in terms of Standing Order 232, the Committee is required in not more than 60 days from the time of reading the prayer to respond to the petitioners by way of a report addressed to the petitioners and laid on the Table of the Senate. I thank you. Next Order.

Thank you Mr. Speaker, Sir; I beg to lay the following Paper on the Table of the Senate today, Thursday, 4th October 2018 The Annual Report of the Public Service Commission for the Financial Year 2017/2018.

Next Order.

Sen. Kang’ata, you have the Floor. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order 47(1), I rise to make a statement on a county matter regarding the management and also the wrangles in the water sector in Murang’a County. I am going to address myself on two issues. The first one is the conflict regarding whether Murang’a County should levy some charge on the water that is coming to Nairobi. I am also going to address myself on the issue concerning the wrangles which are happening in Murang’a County, particularly Murang’a Town; on the Murang’a Water and Sanitation Company (MUWASCO). Mr. Speaker, Sir, more than 84 per cent of the water which is consumed in Nairobi comes from Ndakaini Dam which is located in Gatanga Constituency in Murang’a County. Surprisingly, it is only about 30 per cent of the people of my county who have piped water. Squabbles for the control of that water and as to whether a charge should be levied commenced in mid-September 2018, following a proposal by Murang’a County Government to levy a charge of 25 per cent of the revenue generated from water drawn in Murang’a County by Nairobi City County. I am also aware that Members of Murang’a County Assembly went to Ndakaini and they were dispersed by police when they were supposedly planning to have a public participation session. While I appreciate the proposal by the County Government of Murang’a to generate some revenue out of that water, I hold the view that the issues can only be redressed through formal means but not informal. I would like to also draw your attention to the fact that, yes, it is true there may be a case in support of having water coming to Nairobi City County levied a charge by Murang’a County. There are three reasons for this; one, there is the fact that we are being compelled as the people of Murang’a to do re- afforestation. That costs money. We are also being compelled not to use wood energy to burn our tea or even to do any other activity. That also costs money. Also, there are people who live in the areas adjacent to that forest and they are being told not to do anything in that region. That has a monetary component. On that basis, to compensate for all these and to ensure there is protection of the environment, I would propose probably we consider giving Murang’a County something. However, that is not a proposal to give money directly into the county coffers. No, that will set a dangerous precedent. My proposal would be, any support given by any entity, whether the Government or even NGOs, should go directly to the people of Murang’a, to their pockets, to their environmental groups. Let me address the next issue on wrangles concerning MUWASCO. Yes, I am aware there has been a dispute concerning tariffs which some people of my town feel are quite exorbitant. I urge that any issues concerning that should be done in a peaceful and legal manner but not through fights. Finally, I will reiterate by asking Members of Murang’a County Assembly to take advantage of the powers which have been conferred upon them by the Constitution and proceed to use budgetary tools and seek any other remedy concerning those two issues. Alternatively, they could propose a law like Murang’a Water and Sanitation Act, for instance, which will address the wrangles in Murang’a Water and Sanitation Company (MUWASCO) and the issue concerning that levy. That is what is provided under the law. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I will be brief. The problems in Murang’a are not unique because we have similar problems in Kajiado, Machakos and Makueni. Many Senators are aware of the wrangles we have been having. The Governor of Kajiado, Hon. Joseph Ole Lenku, has taken up that the water from Mt. Kilimanjaro belongs to Kajiado. Therefore, the people of Makueni and Machakos are being denied water. The management of the water company is being done by Kajiado. These problems are not unique. When the Senate Majority Leader was the Chairman of the Committee on Devolved Governments, we used to have a method of making sure that things do not escalate to the levels where county governments have a face-off with the national Government. Maybe the Senate Majority Leader should use his Office to ensure that we cushion county governments. Murang’a County has a point but the manner in which this matter is being handled is wrong. Kajiado County has a point but the way the Governor has handled the matter is wrong because water from Mt. Kilimanjaro does not belong to Kajiado. Otherwise the water would come to Kajiado and go back to Mt. Kilimanjaro if it belonged to Kajiado. The point is that they must find a way of handling resources. These are national resources. There is no way a county can own water. We can accept if it is a dam but not a river. Just like we handled matters in Eldoret in Uasin Gishu County, the Senate Majority Leader should find a method on how to protect the people of Murang’a. We should have a good method of handling this issue because it does not only affect Murang’a County alone but the whole country generally. We should have a method of handling such issue on the function of water and sanitation. There is a lot of strong-arm tactics by the national Government where the Cabinet Secretary issues blanket statements without necessarily considering or sitting with county governments. Lastly the intergovernmental relations and Alternative Dispute Resolution (ADR) processes are also lacking. We must find a way of dealing with these matters without them escalating to the manner in which Sen. Kang’ata has stated. I thank you.

Mr. Speaker, Sir, indeed, I have been involved in matters concerning water for many years. I just want to disclose to Sen. Kang’ata and the rest that in 2007, I signed the first agreement that I negotiated as a lawyer on behalf of a community in Trans Nzoia. The matter was that the national Government was taking water from a place called Kapolet to Kitale and Bungoma. The community was complaining that the project had been done but they were not considered, as the local community, for water, road network, preserving the forest and so on and so forth. We had an amicable conversation and the issue never escalated. Members of the local community were assured that before the water is supplied to other counties, they were also to be beneficiaries from the same water. Ultimately, there are good relations because you do not hear of fights. The electronic version of the Senate Hansard Report is for information purposes

Hon. Senators, I can see a lot of interest. Therefore I will allow you two minutes each because we have about eight minutes to go.

Mr. Speaker, Sir, the issue about Murang’a water is already with the Committee on Lands, Environment and Natural Resources. We summoned the Cabinet Secretary and he gave us his side of the story. We have to be careful about the direction we are taking, where people now want to have a say on resources such as water. If the Murang’a one goes through, then we should expect other counties to follow suit. We have Masinga Dam but the local community does not benefit from the water. If this issue goes the direction that the governor wants, then people will start claiming the same. In any case, the water in Ndakaini Dam in Murang’a County comes from Mt. Kenya, the Aberdare Ranges and some from Kiambu. It does not originate from there. Let us be careful when dealing with this. Otherwise we will take a direction that is not good.

Asante, Bw. Spika, kwa kunipa nafasi kuchangia swala la maji kutokana na Statement ya Sen. Kang’ata. Watu wa Murang’a wanataka kuleta mjadala wa jambo ambalo wakati wake umefika. Kulingana na hii Statement ya Mhe. Irungu Kang’ata, vyanzo vya maji ambayo yanaenda Kiambu na Nairobi vinatoka Murang’a lakini asili mia 30 peke yake ya watu wa Murang’a wanapata maji. Je, haingekuwa bora watu wa Murang’a wapewe maji ya kutosha kwanza ndiposa hayo mengine yaende kwa zile county zingine? Hili swala sio shida ya Murang’a peke yake. Pale ninakotoka; Taita Taveta, Mzima Springs inatoa maji mengi sana. Hayo maji yanaenda Mombasa hadi Kwale na watu wa Taita Taveta wana kiu. Hawapati hata ndururu kama ada kutokana na yale maji. Watu wanaeza ona ya kwamba Mwangi wa Iria, Governor wa Murang’a, hana akili timamu lakini lile swala analochangia ni swala ambalo linatakikana tuwe na mchakato ili tuliangalie kiundani zaidi. Watu wa Murang’a wako na ile dam lakini hawana maji. Kule Taita Taveta---

Your time is up.

Okay, dakika moja umalizie . Compress your points.

Ahsante, Bw. Spika. Mhe. (Dr.) Zani, ana mswada katika bunge unaohusu Benefit Sharing . Tukipitisha huo mswada na tuifuate hiyo sheria vizuri, tutaweza angalia kiasi cha fidia ambayo watu wa Murang’a na Taita Taveta wataweza kupata kwa sababu wana maji, vile watu wa Turkana na Kwale wanavyopata fidia kidogo kwa sababu wana mafuta na madini ya Titanium . Haitakuwa ya kwamba tuna rasilimali lakini hazitusaidi kama watu wa hizo counties . Ahsante, Mhe. Spika.

Thank you, Mr. Speaker, Sir, for giving me this chance to add my voice on this important Statement. I think the issue of water needs to be looked into very The electronic version of the Senate Hansard Report is for information purposes

Sen. Kang'ata, you have brought a Statement yet you are the one who is causing disruptions. Order!

Thank you, for protecting me, Mr. Speaker, Sir. It is not just the issue of the source of water that is becoming a source of conflict but the management of the human resource in our counties is also being interfered with.

Thank you, Mr. Speaker, Sir. I rise to support Sen. Kang’ata on this. It seems that we have a problem with natural resources in this country. Water is a natural resource that does not belong to anybody, but we must manage it in a way that ensures it helps our communities. Kajiado has a similar problem like Murang’a. Ever since I was born, I have seen water flow from Mt. Kilimanjaro through our parcels of land and it goes all the way to Makueni. This is not to say that Makueni should not have water; neither are we saying that Kajiado should not have water, but we should have proper management. The communities through which this resource passes should also benefit. Is it fair for water from Mt. Kilimanjaro to go all the way to Makueni yet the Maasais from Kilimanjaro all the way to Kitengela do not get any and the water passes through their land? In fact, that water is not even managed by them, it is managed by outsiders. As we speak, there is a problem with the entire Nol-Turesh Water Company management. The Nol-Turesh Water which---

Mr. Speaker, Sir, if you could protect us.

Order, Sen. Kang'ata. You are becoming notorious.

The Nol-Turesh Water Company has a problem. Over 400 workers have been sacked. I am aware of the fact that they are telling people that they cannot provide any services. They are on a go slow and nobody is helping them. There has been The electronic version of the Senate Hansard Report is for information purposes

Time is not on our side. We will finally have Sen. Kihika. She will be the last person to speak on that matter.

Thank you, Mr. Speaker, Sir, for the opportunity to also add my voice to the Statement that has been brought by the very sober Senator of Murang’a County.

This is an issue that has been problematic and we have seen it on television. We do know that the county government has a role to play in as far as provision of water to its residents is concerned; but there is also a role for the National Government. This issue has to be handled very carefully. Most of you must have heard people say that world war three will probably be fought over scarcity of water. Given what we are seeing, I do not think that is far-fetched. However, with sober leaders like Sen. Kang’ata in that county, I am sure that he can guide the people and the other leadership so as to make sure that this does not get out of hand. On the one hand, I do believe that we cannot have a community where water originates being left without water as the water goes to other communities. We must have a provision where the locals are able to enjoy the resources that originate from their areas. However, on the other hand, if we were to follow the direction that the county is taking, then we will have Nairobi County say that they will start charging people for using Jomo Kenyatta International Airport because it is in their County and Mombasa County will start charging people for using the Kenya Ports Authority. Nakuru County may also say that the other counties will go without power unless they leave some money at the source because the Geothermal Development Company (GDC) and the Kenya Electricity Generating Company (KenGen) is in their county. There is something to say for both sides of the debate but we must proceed in a very sober way because water is critical to life.

Point of information Mr. Speaker, Sir.

What is your point of intervention, Sen. Halake?

Thank you, Mr. Speaker, Sir. I want to add a point of information as a Member of the Committee on Lands, Environment and Natural Resources. Everybody is talking about a county where the water originates but that is not factually correct. The water that flows into Ndakaini Dam comes from the Aberdares. Therefore, even as we talk about the origin of the water and the other resources, let us be careful because the water does flow from other parts of the country as well.

There is a special request from Sen. (Dr.) Musuruve. That is the last one. You strictly have two minutes.

The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, finally, I have been able to catch your eye. I thank you for this opportunity to comment on this Motion. Sen. Kang’ata and the people of Murang’a County should know that they have a defender in the House. Water is life.

Sen. Cherargei, what is your point of intervention?

Mr. Speaker, Sir, this issue that has been brought by Sen. Kang’ata has a national magnitude that could change everything. I request that you could give us the opportunity to ventilate, so that this issue can be dealt with. It is affecting even the water that we are using even in this House. So, allow us to ventilate. The sober Senator of Murang’a County, Sen. Kang’ata, who is newlywed, should be given an opportunity, so that we ventilate properly.

Order, Member! I have been extremely generous. We have gone beyond the time and we must go by our Standing Orders.

You do not catch the eye of the Speaker by walking closer to him.

Sen. (Dr.) Musuruve, proceed.

Mr. Speaker, Sir, I hope you have also taken note of the many interruptions that have come in so that you do not cut me off very soon. The people of Murang’a County should know that they have a defender in this House. Sen. Kang’ata is talking about an issue that is of importance in this country. The water that serves the people of Nairobi City County comes all the way from Murang’a County. You can imagine the number of people who are served by this water. The issue of water should not have any corruption and in Murang’a County, it should be free of corruption. Conflict should not arise in Murang’a County because if it does, the people in Nairobi City County and many other areas will be affected. I support what Sen. Kang’ata has said. This is an issue that should be taken to the next level. Apart from this, we need to have policies that can be legislated in Bills so that conflicts related to management of water are resolved, as the sober Senator has said.

Thank you, Sen. (Dr.) Musuruve. Next Statement is from Sen. Khaniri. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I thank you for the opportunity. I rise pursuant to Standing Order No.48(1) to seek a Statement from the Standing Committee on Labour and Social Welfare on the implementation status of the Government set minimum wage guidelines in the country. In the Statement, the Committee should- (1) State the level of implementation of the set minimum wage guidelines as enshrined under Article 41(2)(a) of the Constitution, particularly for employees on contract and those working for companies providing outsourced services. (2) Provide details on how personnel from the National Youth Service (NYS) are remunerated especially those assigned to provide security services in major Government installations, buildings and parastatals. (3) Give reasons as to why students from the NYS, sponsored by the Government to colleges, were sent home due to delays in paying school fees. (4) Explain measures taken by the national Government to ensure that staff working in companies that are contracted to provide services to organisations adhere to minimum wage guidelines and also make timely statutory payments on behalf of their employees.

Mr. Speaker, Sir, from the onset, the issue that has been raised is of great importance. I sit in the Committee on Labour and Social Welfare. We need to agree on issues raised on the Chinese, the Standard Gauge Railway (SGR) and many other aspects now that we have to outsource some aspects of labour. We must agree so that some of the issues that we are facing as a country can be handled at the appropriate time. I agree with Sen. Khaniri that the Government needs to come in. I remember the Cabinet Secretary (CS), Ministry of Interior and Coordination of National Government was at one point forced to go to the Immigration offices and force out some individuals. We have many people working in this country and those jobs can be done by Kenyans. We need the Government to intervene, so that in line with Article 41 of the Constitution on the issues of labour rights and the Labour Relations Act, 2007, we must re-look at these issues so that we protect our employees and ensure they work in a good environment. Finally, Mr. Speaker, Sir, I know there are many labour issues. However, as a country, we need to agree on many issues even as we engage in terms of international trading blocks, agreements and signing of Memoranda of Understanding (MOUs). For example, on the SGR, allegations have it that they have failed to do capacity and technological transfer. Secondly, there is the issue of preferential treatment of expatriates and yet some of these jobs like making tea have been outsourced. In terms of remuneration, this is also done in different standards. As a Member of the Committee on Labour and Social Welfare, we will look into this issue. I thank Sen. Khaniri, my neighbor, for this request. I assure him that we will ensure that the proposals and the way forward that we will give will be earth-shaking and radical to ensure Kenyans are not exploited in the labour market. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I rise to support the Statement by my good friend, Sen. Khaniri. We need to make sure that we take care of the welfare of our people by ensuring we have proper guidelines. It is important that this country develops a system where the minimum wage is known out there by employees and employers. One of the biggest problems that we face in this country is where employees work for a company for many years and--- The situation is different in county governments and the national Government. In fact, we should leave out county governments because they are just beginning the process of setting up pension schemes. When you work for a private company, you earn one salary which you never know when it will ever increase, yet you contribute to the good performance of the company and you are well versed with the income that is streaming into the company. It is imperative that in this economy where we are all struggling to make ends meet, we need to ensure that when our youth are employed, they understand that if one has served the country for about three years, he or she should be able to, on a yearly basis, see a salary increase in order to better his or her welfare. Mr. Speaker, Sir, I support this Statement by Sen. Khaniri. I hope that we can once and for all get these regulations which are clear to everyone. We should all know that there are certain regulations that demand that the minimum wage is clearly followed. This is particularly so for the young men and women who come from all parts of the country to the urban areas in search of jobs. You might find companies negotiate good packages with private companies or maybe even the Government but the people who work end up being paid peanuts. So, having these guidelines will ensure that Kenyans know their rights. I support.

Proceed, Sen. Cheruiyot.

Mr. Speaker, Sir, I think that was for an earlier request.

That is okay. Let us have Sen. (Prof.) Ekal.

Mr. Speaker, Sir, the idea of policies to guide the way our people work in this country is very important. This is in the sense that, poor people and those that are less educated get misused in different places when they work. It has been mentioned that the working conditions of citizens of this country in places where roads are being built are not good. For example, where we have the Chinese, our people work for a long time for very little. I do not know if it is something that happens in China or just that these people are pushing us down. They do not pay them much and they expect so much from the youngsters that work on those roads. It is very important to have policies that have guidelines that say, for example, for someone working for so many hours, he or she should be paid so much per hour. That way, everybody knows, for example, what they will be paid at the end of a 10-hour work day. Otherwise, without such policies people get abused and misused. There was an instance yesterday where I was told that there was a fight on one of our roads in Turkana County between Turkana youngsters and some Chinese. I am told somebody got hit with a karate blow right to the ground. These are things we do not want to see in this country. The reason for that is because we do not have policies that guide payments per hour for those who work on these particular roads and other projects. The electronic version of the Senate Hansard Report is for information purposes

Order, Senator. It is none of what you have mentioned. It is neither a Bill nor a Motion, it is a Statement.

What is it, Mr. Speaker, Sir?

It is a Statement Senator.

Mr. Speaker, Sir, thank you. I told you that I am a teacher by profession. In my profession, asking is not foolishness; it is simply trying to get it clear.

I support the Statement because it is very important that our youngsters get paid for what they work for.

Finally, Sen. (Dr.) Musuruve.

Mr. Speaker, Sir, thank you for giving me this opportunity to add my voice to this Motion. Indeed, I want to say---

Order, Member! It is not a Motion. Pay attention to what you want to talk about.

Mr. Speaker, Sir, thank you; it was a slip of the tongue. I want to add my voice to this Statement that Sen. Khaniri has brought on the Floor of the House. It is a very important Statement. It is addressing the common man. Quite a number of Kenyans are labourers and there is need for policies to be put in place to ensure that Kenyan labourers are not exploited. When I am referring to exploitation, there are some labourers who go to work very early in the morning, they leave very late in the evening and even work on Saturdays and Sundays yet they are not paid. There is need to ensure that Kenyan labourers are not exploited so that they have value for their time. There is need to set time for reporting and leaving work and a framework for payment for overtime. There is also need for us to avoid having labour drain, that is, people being hurt because of giving in so much and receiving very little. It should be clear that labourers have their own needs. They have personal needs just like any human being. Apart from that, some of these labourers have families; they have school going children, bills such as house rent, buying food, clothing et cetera . There is need for us, as a Senate, to ensure that the labourers in this country are protected. This Senate has a mandate to ensure that we protect the citizens of this country. Mr. Speaker, Sir, I thank you for giving me the opportunity to add my voice and I commend Sen. Khaniri for this powerful Statement. I hope that this Statement will not die here, that it shall be followed until the Government does something to ensure that we protect labourers in this country.

Mr. Speaker, Sir, thank you. Earlier on, I wanted to comment but I did not have the courage to do so. I will do so now because I hold a completely different view. The electronic version of the Senate Hansard Report is for information purposes

So, where has the courage come from?

I think it is by sitting next to Sen. Omanga.

I agree with those who say that we need to look into the issue of labour rights and how we pay many of our labourers and the conditions in which they work in. However, I want to request the Committee that will look into this, to do so holistically where all these sits vis-à-vis the global equation of things. I will give a perfect example. In Kericho, the County that I represent, James Finlay, one of the multinationals that operate there, was faced with incessant calls to continue this agitation for wage increase. In the last few years, they have closed three to four of their flower farms and relocated them to Ethiopia. The simple argument being, they do not find it to be globally competitive when they keep on giving pay rises if it is not commensurate to what the company is earning. Therefore, it is important for the Committee, while they look into the issue of labour rights, to note that labour rights is not just about increase of salary, sometimes it goes into the working conditions. Therefore, I get the view that sometimes when many of us speak, we view labour rights through the lens and prism of how much people are being paid. It is important for that Committee to have that understanding, so that we do not lose many of our businesses to neighbouring countries. China has succeeded to be in the global economy despite many challenges. It is not because they pay their employees better than the rest of the world but they ensure people work in good conditions, thus making them globally competitive.

Thank you, Hon. Senators. The Statement is committed to the Standing Committee on Labour and Social Welfare. The next Statement is by the Senate Majority Leader. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 9TH OCTOBER, 2018

Mr. Speaker, Sir, I wish to read the Statement for the week. Hon. Senators, pursuant to Standing Order No. 52 (1) I hereby present to the Senate the business for the House commencing Tuesday 9th October 2018. Before I proceed, allow me to note that, yesterday, the Senate considered and passed a number of Bills at Second Reading, Committee of the Whole and Third Reading. The Bills which went through Second Reading are: The Petroleum Bill (National Assembly Bills No.48 of 2017) and The Impeachment Procedure Bill (Senate Bills No.15 of 2018). With regards to The Petroleum Bill (National Assembly Bill No. 48 of 2017), a breakfast meeting is scheduled to be held on Tuesday next week where Senators can build consensus on the proposed amendments to the Bill before it is scheduled for Committee of the Whole. I invite all Hon. Senators to attend this important meeting. Hon. Senators, the House further considered and passed two Bills at Committee of Whole and Third Reading stages, namely: The County Boundaries Bill (Senate Bill No.6 The electronic version of the Senate Hansard Report is for information purposes

Let us move on to the next Order. Hon. Senators, I have reorganised the Order Paper just for the convenience of the House. We will move on to Order No.9 before coming to No.8. Proceed, Sen. Khaniri. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I have 15 minutes to reply to this Motion. However, I seek your indulgence. This Motion has not received justice. I moved it yesterday and it was seconded by Sen. Halake and temporarily adjourned. By the time we came back to it, most Members had left so it came to a close. I know there were many Members who had an interest in it. They did not get a chance to contribute, yet the Motion has been closed. I, therefore, want to seek your indulgence that instead of using my 15 minutes to reply, I would rather we use them to get some more ideas from Members who have an interest. I can then use two minutes to reply. With your indulgence, I have requests from Sen. Olekina, Sen. (Rev.) Waqo, Sen. M. Kajwang’ and from my neighbour Sen. Cherargei. I will give each three minutes.

Mr. Speaker, Sir, I have so many more requests!

Okay, make it two minutes if you want to give them a chance.

Mr. Speaker, Sir, two minutes for those I have mentioned and then Sen. (Dr.) Musuruve for another two minutes. Thank you, for your indulgence.

What is your intervention, Sen. Cherargei?

Mr. Speaker, Sir, it is not an intervention. I am queuing to be the first to contribute.

Okay, proceed.

Mr. Speaker, Sir, from the onset I thank Sen. Khaniri for bringing this Motion. I have looked through it and I think it has come at the right time. Members have an interest to look at this issue. I agree that as a country, we still have a long way to go in terms of disaster management. It has to be noted that disaster starts from the prevention level then we move to response and the third level, which is recovery As we talk, the Kenya Red Cross Society (KRCS) has a donation of around Ksh7 billion that is not mainly funded by the Exchequer. For the last few years this had fallen to less than 50 per cent. We know that most of the organisations, including the KRCS, have not had an opportunity to get the necessary funding and attention especially in some of the disasters that we have had. This also applies to the issue of prevention. Mr. Speaker, Sir, we remember that in any disaster, most damage and loss of property and lives occur in the first one hour. These disaster response units need the money or any other support immediately so that they can react and do timely response or rescue at that point. Within the first one hour, there is always huge damage, loss of life and property. In this Motion, we should at least ensure we give more and timely funds so that they can respond at an appropriate time. The electronic version of the Senate Hansard Report is for information purposes

Order, your time is up! Sen. Cherargei you will interfere with other contributors. Let us have Sen. Olekina.

Thank you, Mr. Speaker, Sir. I rise to support this Motion by Sen. Khaniri on the importance of recognising the work that is done by the KRCS. We all realise that in this country we have had a very haphazard way of dealing with disasters. Every year, mostly in the pastoralist areas, in the months of February and March, the entire country is littered with carcases of animals and people suffer. That is the time when everybody starts talking about needing help. We may want to look at that broadly and ask ourselves what it means for us to be “disaster prepared”. Mr. Speaker, Sir, disaster is not only drought or floods. It encompasses the way we live and how we take care of these issues. I agree with Sen. Khaniri when he says that it is now time for us not to remain ignorant but to focus on how our county governments handle disaster preparedness and put this in their plans. They should also incorporate the work done by KRCS - an organisation that has really gone out there. Recently, when we had the crisis in Narok County, I reached out to Mr. Abbas Gullet who was able to come out there and support. Mr. Speaker, Sir, it is important for the national and county governments to work together, link up their budgets and agree that: “We can give this to the KRCS or avail money in our budgets so that if need be, the KRCS can be outsourced to come and help solve a problem.” This is important and we cannot ignore. The KRCS has done it very well. Thank you, Mr. Speaker, Sir, the two minutes are over.

Proceed, Sen. M. Kajwang’.

Thank you, Mr. Speaker, Sir. I rise to support this Motion. The question I pose is: Should counties engage the Kenya Red Cross Society (KRCS) when it comes to disaster management, provision of ambulances and related services? We have two examples. Mandera and Kisii counties signed up with the KRCS to provide disaster management, ambulances and related services. There are many counties in this Republic that go and buy contraptions and put a Red Cross sign on them and call them ambulances. The Governor for Mandera County was a bit jittery because the Auditor- General had indicated that it was irregular to procure the services of the KRCS. If we are to achieve the objectives of this Motion, of providing alternative financing for the KRCS, we must encourage counties, that instead of buying funny vehicles from India and painting them red, they should engage the KRCS that already has the expertise and capacity to provide these services. We have seen this in Mandera, Kisii and several other counties. There are counties that have bought things that they call ambulances that cannot rise to the occasion. If we want to support the KRCS, let us The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I stand to support this Motion on the Development and Implementation of a National Disaster Risk Financing Strategy. As many Members have already said, the KRCS is one organisation that has always been there for Kenyans. When any disaster happens in this country, the first organisation that comes into our mind is the KRCS. Even before it comes to our mind, they are the only ones we always find on the ground. Mr. Speaker, Sir, again, it is the only organisation that has no limit. I come from one of the remotest areas of this country. When we received many refugees from Ethiopia, the KRCS was there at the border of Kenya and Ethiopia, trying to feed people, dress the children who were there and providing for all their needs. In fact, it was at that time that I was touched fully by the presence of the KRCS in every part of this country. Therefore, I support this Motion and appreciate Sen. Khaniri who has brought it to this House. Mr. Speaker, Sir, when drought happens in this country, many of us suffer. During drought, we lose our animals. Some people have also been victims of floods, fires and other disasters. The worst part of it is that as a nation, we have never prepared ourselves to deal with disasters. We even take time to respond. We know that the KRCS-- -

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

I am humbled, Mr. Speaker, Sir. Thank you for this opportunity to add my voice to this Motion. I thank Sen. Khaniri for brining this Motion. I look at this Motion from a humane perspective. We are all human beings and when disaster comes, it takes one aback. There are always these questions: “Really, has it happened? Is it true? What does the future hold for me? Where do I go?” Disasters confuse people. Disasters also retrogress economic development of individuals, society and even a nation. For that reason, there is need for us to see how we can allocate sufficient money for organsiations that deal with disasters, to see how to address this issue. Mr. Speaker, Sir, there is a disaster that recently befell one of us. Sen. (Dr.) Milgo woke up one morning and her house was on fire. She did not know what to do next. Thank God because we rushed in to see how to support her. A common Kenyan has nowhere to go. Therefore, there is need for funds to be set aside and for the county governments, to ensure that they are supporting in this venture of ensuring that disaster does not go far. Additionally, there is need to strategise. Strategy on its own is not enough. Money has to be involved. There is also the issue of financial implication. By the time a disaster happens, it sometimes affects families in a very big way. For example, if a firm goes on fire and the breadwinner ---

Order, Sen. (Dr.) Musuruve. You are off the record. Proceed, Sen. Dullo. The electronic version of the Senate Hansard Report is for information purposes

Your time is over, Senator. Please sit down. Mr. Speaker, Sir, I congratulate Sen. Khaniri for this Motion. This is a really important Motion because we have a lot of challenges on the ground especially in the counties. Counties are allocated a lot of money under disaster management and emergencies. Unfortunately, that money is not utilized properly for the purpose it is intended for. This is critical because the KRCS is everywhere in this country. If we can partner with the counties, we can give proper service delivery in our country and in our counties. As Sen. Waqo has said, for some of us who come from pastoral communities, every now and then there is an emergency and the money is not utilized properly. Some of the governors have supplementary budgets every now and then to take care of emergencies. It is high time that this money is allocated in partnership with the KRCS so that we can have better service delivery in our counties with proper accountability. I thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, let me take this opportunity to thank all the Senators who have made their contribution to this Motion starting from those who spoke yesterday, my seconder Sen. Abshiro Halake, Sen. Cheruiyot, Sen. Pareno, Sen. (Dr.) Langat and those to whom I have donated time to today. There is no doubt in my mind that we have all spoken with one voice. We have underscored the importance of the KRCS. We all appreciate them and agree that they are always the first respondent on the scenes of calamities and, therefore, the need for them to be incorporated into our national budget. Mr. Speaker, Sir, the ideas that have come on the Floor of the House have enriched my thoughts on this matter. I have been thinking about this matter for a long time. As I said yesterday when I was moving this Motion, we had intended to bring a Bill, together with Sen. Abshiro, on the same so that we can create a legal framework. However, talking to some legal minds here like Sen. Wetangula and Sen. Mutula Kilonzo Jnr., they say that instead of a new Bill, we could as well amend Cap.256 that created the KRCS to make sure that we have this provision. Mr. Speaker, Sir, I promise the House that we will move with speed to ensure that this is done so that we move away from the reactionary culture of responding to calamities to coming up with a proactive strategy to combat disaster and calamities. I thank you, Mr. Speaker, Sir.

Hon. Senators, we have come to the end of debate. Therefore, pursuant to Article 123 of the Constitution and Standing Order 79, I rule that the Motion does not affect counties. This means that each Senator has a vote.

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Thank you, Mr. Speaker, Sir. I beg to move that the Care and Protection of Older Members of Society Bill (Senate Bills No.17 of 2018) be now a read Second Time. Mr. Speaker, Sir, I urge my colleague Senators to kindly indulge me in the next 10 or 15 minutes as I present to them why it is important to consider, protect and take care of the older members of our society. Mr. Speaker, Sir, it is a fact of nature that we can avoid almost everything else in life, apart from death and taxes. However, one of the things that you can never run away from is getting old; and that is the reality of life. Therefore, it should bother us – as young as some of us may be – that we shall one day be old, and we will need a society to take care of us and consider us worthy of respect and dignity. Mr. Speaker, Sir, other parts of the world have come up with systems that provide the framework needed to take care of older members of the society. This is so as to ensure that in public spaces, they are accorded the kind of dignity they deserve. Even in places that are ordinarily not known to be of order, for example, in bars and sports stadiums, countries that are more organized have spaces where older members can sit, relax and enjoy their beer or anything else; and this is properly provided for by law. Thanks to our culture, our society has not thought through whether it is important for us to have a legal framework that will ensure that the rights of older members of society – as provided for in Article 57 of our Constitution – are properly guaranteed to them. Mr. Speaker, Sir, one of the ways of taking care of the older people is by putting them in homes for the elderly. What framework exists in our country to ensure that such homes are properly governed? What framework exists in our country to ensure that we do not have people taking advantage of the old by setting up homes, just because it is a thriving business? We may not accept it now and it may look like a far-fetched idea. I, for example, cannot imagine that 50 or 60 years down the line, when I am no longer strong and able, my children will take me to a home for the elderly to be taken care of. It looks like a far-fetched idea. However, the truth of the matter is that as societies continue to evolve, that kind of African communal culture that we are so used to – where you know that you have your home somewhere out in the village where you will go and relax in your old age – is unfortunately waning off. It is, therefore, important for us to begin having this discussion with a view to providing a legal framework for those who will establish such homes. This framework will also guide how old people will be treated in social places, for example, in public fora and social amenities; and also outline what is guaranteed to them as older members of society. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Madam Temporary Speaker. I take this opportunity to thank Sen. Cheruiyot, the Senator for Kericho County, for this wonderful thought. When people hear that the Senate is coming up with this Bill, they might think that it is a wild thought having in mind that we are in an African setting. However, this is a wonderful thought and this is how many jurisdictions in the world are helping their old people. When people get to old age, so many things happen. Some of them become sick and are unable to move around the house hence they need somebody to take care of them. There are some whose children have grown old and have left them while some have left their spouses and are now on their own. It is high time that we took care of our elderly people. This Bill sets a legal framework for us to come up with proper mechanisms of taking care of our elderly in order for them to live a life of dignity and respect. I once attended Mashujaa Day in my County where the elderly people were paraded as the shujaas of that county. What happened there was terrible for they were paraded without proper recognition. Most of them looked miserable. They did not have clothes and most of them did not have homes. Those old people do not have anything to take care of and they look very sick. It is a high time that we celebrate Mashujaa Day and I urge Sen. Cheruiyot to think about that. What do we mean by Mashujaa Day? How do we recognise our elderly who are our shujaas ? How do we appreciate them? That is the thing that shocked me when I attended Mashujaa Day in my county. I later requested the County Government to come up with a strategy of how we can help our mashujaas . These are people who were in high positions in the society and Government but they are left on their own at the retirement age. I like the responsibility that is put both on the National Government and county government in this Bill. The current situation is that the National Government is the one The electronic version of the Senate Hansard Report is for information purposes

Thank you, Madam Temporary Speaker, for giving me this opportunity to contribute to debate on this Bill. I thank Sen. Cheruiyot for coming up with it. The issue of age is a global concern. When I went to London for the Disability Summit, I remember meeting a Kenyan retiree who was working there. She told me The electronic version of the Senate Hansard Report is for information purposes

Thank you, Madam Temporary Speaker for allowing me to contribute to this Bill. I thank Sen. Cheruiyot for coming up with this important Bill. Madam Temporary Speaker, I am happy that, finally, we are seeing the results of passing the Constitution 2010. This Bill comes to actually implement Article 57 of the Constitution which reads as follows- “57. The State shall take measures to ensure the rights of older persons- (a) to fully participate in the affairs of society; (b) to pursue their personal development; (c) to live in dignity and respect and be free from abuse; and (d) to receive reasonable care and assistance from their family and the State.” If you look at every Section in this Bill, it actually talks about this particular Article of the Constitution. I am, therefore, happy that the Constitution is being implemented through this Bill. Madam Temporary Speaker, I remember that as we campaigned for the Constitution 2010, one of the campaign tools that some of us used for it to pass, while talking to the old, was to tell them that it will have a provision that ensures that the old will be protected and cared for. I am, therefore, happy that this is coming to fruition. This is because through this Bill, we shall realize the promises we made to the electorate about the Constitution 2010, which is very robust and ambitious and which takes care of the interests of each and every person in society. Madam Temporary Speaker, I am a bit apprehensive, and there will be many others who will be like me; those who are conservative. I shudder to imagine that I can take my parents to a care centre because I feel it is not traditional and it is not in my culture. It is actually a curse if you do not take care of your parents. We believe that if you leave them to suffer there, a curse will come upon you and your children. I know that we will have a lot of cultural issues here, but I understand that we are a diverse nation. There are those who can happily take their parents to a care centre while there are those who believe in traditions, who will fear those curses. There are also those who will not do it out of the love and care they have for their parents. However, I am happy that this Bill has given us all the options. It has given us the option of taking them to that care centre which is manned by some professionals. We can also do what I love most – community care or home care – where you will be guided, and where the county is being asked to provide the necessary services and support for us to take care of our parents within our homesteads. I am, therefore, happy about that, otherwise I would feel so uncomfortable to actually support a Bill that takes away my own parents to some strange hands. I would be happier taking care of my parents while getting the technical support that I might not have at home. Therefore, the home care bit is wonderful, because I have seen that it provides for medical intervention. This Bill provides for medical and nutrition intervention, nursing and also promotes awareness for purposes of how to treat such people. Probably there is need for The electronic version of the Senate Hansard Report is for information purposes

Bi. Spika wa Muda, asante kwa kunipa muda huu kuchangia Mswada huu unaohusu wazee. Kwanza, watu wazee ni baba, mama, nyanya na babu zetu. Nakumbuka nikiwa mdogo, nyanya yetu alikuwa mzee sana. Kazi yake ilikuwa kutuombea sisi watoto wa mtoto wake. Kwa hivyo, jukumu hili lingefaa kubakia kwa watoto, wajukuu na vitukuu. Hata hivyo, haiwezekani vile hali ilivyo. Mara kwa mara tunasikia habari za vifo vya ajuza ambao wametelekezwa. Watoto wao wa kike wanapoolewa, ajuza huwachwa peke yao. Wakati mwingine wao hubakwa na kunyofolewa sehemu zao za siri. Mswada huu utachangia pakubwa kuweka viwango vya makao ya wazee ambao ni mama, baba, nyanya na babu zetu. Tayari kuna makao ya wazee. Kule kwetu pwani, ukiita mtu mzee, atakwambia wazee wako Chuda kwa sababu kule kuna makao ya wazee. Iwapo mtu anataka kuanzisha makao ya wazee, kuna vigezo atakavyo takikana kuzingatia kabla ya kupewa fursa ya kuanzisha. Vile Sen. Cheruiyot amesema, sheria hii si ya wale wazee ambao wako peke yao bali hata sisi ambao saa hii ni vijana wenye nguvu lakini wakati utafika na tutakuwa wazee pia. Je, tukiwa wazee tungependa kuishi katika mazingira aina gani? Kule kwetu nilimuona mama mzee wa miaka 130 ambaye alikuwa hajiwezi. Hangeweza hata kugeuka. Watoto wake waliajiri kijakazi wa kumpeleka nje aote jua, kumpatia chakula na kumrejesha ndani ya nyumba jioni. Je, kama wale watoto hawakuwa na uwezo wa kumuajiri kijakazi, yule mama angeishi maisha ya aina gani?

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Thank you, Madam Temporary Speaker for giving me this opportunity to make my contribution on this Bill. Unlike in the traditional world where families used to take care of their aged with a lot of dignity and respect, a lot of things have changed. A lot of challenges and poverty have robbed the African society’s dignified ways through which they used to take care of the elderly people. The old people are our great heritage, reservoirs for wisdom, tradition and culture; they are our parents, as Sen. Mwaruma has said. Their value to us cannot be underestimated. However, the society has changed and these people are facing a lot of challenges. I was in Bomet on Monday to celebrate the International Elders’ Day. I realized that these people are going through a lot of challenges. The national Government gives them Kshs2,000 each and according to their discussion, they travel far away distances to pick this money. More often than not, they spend it on transport and some sugar. This is happening because of lack of legal structures on how to handle these particular people. Madam Temporary Speaker, I used to get surprised when I was a principal in high school. Most of the people who used to come and plead for their children to stay in school because of issues to do with fees were the aged. If you called for a parents’ day today, you will realize that most of the guardians who come to schools are the aged people. There was a time when the HIV/AIDS scourge was serious in our country and most other African countries and it robbed most of the children their parents. Today, The electronic version of the Senate Hansard Report is for information purposes

Thank you, Madam Temporary Speaker, for allowing me to support this important Bill. I congratulate Sen. Cheruiyot for bringing this important and relevant Bill. We are all products of parents and we also have children, who will at one time take care of us. There is nothing else we can give to the elderly in our society, as a gift in our time today, than this Bill. Madam Temporary Speaker, looking at our society, Kenya is blessed because we have different generations. However, the challenges that the elderly people go through are so huge that sometimes when we visit the villages, we just sympathise with these people. It is even worse for those people who live in the manyattas; the pastoralist communities, whose nature is to move from one place to another looking for green pasture for their animals. I am happy because you are one of the pastoralists and you understand what I am saying. Pastoralists keep moving on a weekly basis, and it is sometimes challenging to move your parents who are so old. We sometimes tie them at the back of the camel or donkey, and it is a very hard life. Therefore, Madam Temporary Speaker, when we talk of this Bill, it encourages me because it is only some of us who understand the deep challenges that some of the elderly people in the society go though. It is even worse when you think of the poor people, because with the little food they have, they do not know who to give it to. Should they give it to their children, grandchildren or their parents, who are also elderly and need their attention? I, therefore, support this Bill because of all the things that I have said. If the Senate passes this Bill and it is implemented, we can then be proud of what we have done in this House. Madam Temporary Speaker, I have looked at the Bill and I have seen that it is well captured. Part II of the Bill is on the Care and Protection of Older Members of Society; while Part III is on Care of Older Members of Society. As you go on, you will see provision for the care of older members of the society in homes and then there is monitoring, evaluation and safety in homes for older members of society. Sometimes even after putting up those good and well equipped homes, without monitoring, evaluation, taking care and ensuring safety, then we have not done much. When I looked at this Bill, I saw that it has catered for everything that the older people in our society require from us. Madam Temporary Speaker, during the olden days, people used to have a lot respect for the elderly in the society. They also used to tap a lot of wisdom from them. However, that is not the case today. With the selfishness and greed that people have, elderly people are exposed to a lot of danger. This is because some people even think of getting rid of them so that they can inherit the property they have. However, if we come up with such facilities, we would then have taken care of them. We will also take care of the temptation that may be there to eliminate them. I support this Bill because of all these reasons. The electronic version of the Senate Hansard Report is for information purposes

Thank you Madam Temporary Speaker forgiving me this opportunity to contribute to this Bill. First of all, I congratulate the Senator for Kericho County for the well-researched Bill that I have had an opportunity to go through. He has put a lot of time on it and touched on almost all aspects of what is required of a good Bill. The Bill is also timely because it takes care of Article 57, as already stated by one of the Senators who contributed earlier; that the elderly should be given care as they age. I pray every day and one of the issues that I tell God is that I would like to live to a very old age. Sometimes I even give Him the number of years that I would like to be around. But even as I ask for that, I know the dangers of living long in this world and the calamities and difficulties that can come with it. However, as human beings I think we are in a position to make sure that we take care of ourselves, relatives and friends as we age. It is also very important for us to note that this Bill will not be compulsory. If I can take care of my elderly parents or relatives, I do not have to take them to any home. I can stay with them within my reach and take care of them. The Bill is flexible and gives the type of rescue that we can give to the elderly people. It is a voluntary thing, within the law and very timely. Madam Temporary Speaker, as a country, we have never been proactive most of the time in how we do our things. This Bill is being very proactive because we are seeing the problem right in front of us. Most of the time, we wait until we are at the dead-end before we start thinking about what to do. We have so many old people around us who are suffering and nobody is taking care of them. We need to start thinking of how to solve the problem of the elderly and taking care of them early enough. I know that the Government is trying its best to support the elderly by giving them some disbursements per month. I think it is at Kshs2,000, which sometimes takes very long. However, we must commend the Government because, at least, it is doing something about it. We just want to extend it to the county level. It is very clear that the HIV/AIDS scourge has made it worse for many people who sometimes have lost all their children and are left with their grandchildren. They struggle to take care of the grandchildren and when they are gone, they do not have that attachment that they could have with their parents. As a result, the grandparents are left alone. It is a very common phenomenon in our communities and we see it all around us. When we talk of gender-based violence, I do not think that we are only talking about issues of defilement, rape or fights that go on within the family. Even the case of an old person, who is not well taken care of, to me is gender-based violence, because the suffering of such people cannot even be compared with some of the suffering that we pay much attention to. We know that the HIV/AIDS scourge has taken a toll on some communities, including mine. When we talk we know what is happening. Many people have also migrated to overseas countries looking for greener pastures and living their parents in the hands of nobody. They may be sending some Dollars every month and hoping that somebody is taking care of their old people, but sometimes that money never gets to them. The one thing I like about this Bill is that it takes care of all aspects of life. It takes care of the social, medical cover, recreation, spiritual nourishment, counselling and The electronic version of the Senate Hansard Report is for information purposes

Thank you, Madam Temporary Speaker. I rise to support The Care and Protection of Older Members of Society, (Senate Bills No.17 of 2018) that has been sponsored by the Senator for Kericho, Sen. Aaron Cheruiyot. Madam Temporary Speaker, in the last one week in my county, I have buried a renowned elder, Prof. Ouma Muga. This was a gentleman who served this country in various capacities. As a young man, he topped the national examinations countrywide and when he sat for his Cambridge examinations, he again topped the examinations nationally. He proceeded to Makerere University and later on went to Australia, where he The electronic version of the Senate Hansard Report is for information purposes

Sen. M. Kajwang’, you need to do this faster because there are many of Senators who would like to contribute to debate on this Bill.

Thank you, Madam Temporary Speaker. We never concluded the County Pension Scheme Bill in the last Parliament. It is before this House and we have a responsibility to make sure that we adopt it. We had a conversation with the Governor for Uasin Gishu last week when we were in Eldoret and when we told him that his wage bill was unsustainable, he told us that he cannot retrench and if he retrenches, he has to pay pensions yet he does not have money to pay the pensions because the Senate has failed to conclude the matter of the County Pensions Scheme Bill. The issue of pension is very intertwined with the elderly in this Republic because pensions are contributions or earnings that are deferred to a later point in life. The increase of retirement age from 55 to 60 has presented us with a big problem. It is just The electronic version of the Senate Hansard Report is for information purposes

Thank you, Madam Temporary Speaker, for giving me this opportunity to contribute to the Bill on the Care and Protection of the Older Members of Society. This is a Bill that has come at the right time to the right people. Madam Temporary Speaker, I congratulate the Senator for Kericho County for bringing this Bill. It is about a specific group of people in the population that needs care. Developed countries have made strides towards ensuring security of the older persons. This will enable them have a longer lifespan due to improved health and medical care. It will ensure that they get adequate nutrition and diet to boost their health. Studies have shown that older persons are faced with various socio-economic challenges as a result of poverty, poor housing, immobility, HIV/AIDS and isolation and neglect among others. It is high time that Kenya implemented this, just to take care of this group in the country. Dignity does not come by borrowing but by having a framework on things that have been pointed out in this Bill, which will enable our grandfathers, grandmothers and The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Speaker, I rise to support this Bill. I applaud Sen. Cheruiyot for coming up with this Bill. Indeed, it is timely. Looking at the Bill, in Part II, Clause 7 is about the obligations of the county government with respect to the rights of older members of the society. Clause 7(d) requires a county government to establish residential care centres, social centres and such other facilities for the care of older members of society within the county in accordance with this Act. Recently, there were allegations about some people who grabbed public utility land. Counties should invest in building rehabilitation centres for the elderly because they are important in our lives. We know that blessings come from God and the elders and it is good to protect their rights. In some cases, the elderly are neglected in important fora such as discussions on disaster management. We know that they cannot easily escape during disasters like floods and other emergencies like fire. The elderly are important but they are not considered in the Nyumba Kumi Initiative. The elderly can advise others especially the young people. Nowadays we have many cases of murder and rape but we never used to hear about them in the past. It is not their wish. For some of them, it could be because of poverty or they lost an important person in the family. Therefore it is important to consider them and provide them with protection for the establishment of this country. Thank you, Madam Temporary Speaker, I beg to support.

Madam Temporary Speaker, thank you for giving me a chance to also add my voice to this important Bill about the care and protection of older members The electronic version of the Senate Hansard Report is for information purposes

Order, Senator. You have 30 seconds to conclude.

Madam Temporary Speaker, we should make our communities understand that it is better for the elderly to be taken through a very organized community home or home-based care programme rather than being neglected at home if there is nobody to take care of them. Madam Temporary Speaker, I beg to support this Bill and congratulate Sen. Cheruiyot for having thought about it.

Madam Temporary Speaker, thank you for giving me this opportunity to also add my voice to this very important Bill. I would also like to congratulate the Mover of this Bill, Sen. Cheruiyot. It is a very important Bill, just like all the Senators who have spoken before me have noted. It has come at a very opportune time when we are seeing many elderly people suffering. However, I would like to caution my colleagues that we should come up with a Bill which is implementable. It is a Government policy that any Bill that cannot be funded will not get implemented. We should have criteria for people who are over 60 The electronic version of the Senate Hansard Report is for information purposes

Order, Senator! Sen. Mugo, you will have a balance of ten minutes when debate on this Bill resumes.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The Senate, therefore, stands adjourned to Tuesday, 9th October, 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