(Sen. (Prof.) Kindiki): Hon. Senators, pursuant to Standing Order 226(1) and 230 (2)(b), I hereby report to the Senate that, a Petition has been submitted through the Clerk by residents of Kiang’ombe Squatters Settlement Scheme in Thika Sub County, Kiambu County, concerning the alleged grabbing of part of the land allocated to their settlement. As you are aware, under Article 119(1) of the Constitution: “Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.” The salient issues raised in the said Petition are as follows: (1) That the petitioners who were then squatters were allocated by the first President of the Republic of Kenya a parcel of land measuring approximately 95 acres in Makongeni, Thika Sub-County, in Kiambu County, where they were to be settled. (2) That the process of demarcation of the said parcel of land and issuance of title documents to the squatters took inordinately long, during which time private developers grabbed part of the land, were issued with title documents and proceeded to develop the same. (3) That of the 95 acres set aside for their settlement, approximately 28 acres have since been grabbed by the said private developers. (4) That the grabbed parcels include land set aside for public utilities, including schools and hospitals, which has forced the squatter families to travel long distances to access these facilities. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, Thursday, 11th October, 2018:- Report of the Controller of Budget on the Annual National Government Budget implementation Review Report for the Financial Year 2017/2018. I thank you. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): There is another Paper to be laid by Sen. Dullo. REPORT OF THE AUDITOR-GENERAL ON THE FINANCIAL STATEMENTS OF BUSIA COUNTY AGRICULTURAL DEVELOPMENT FUND

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Thursday, 11th October, 2018: Report of the Auditor-General on the financial statements of Busia County Agricultural Development Fund for the year ended 30th June, 2017.

(Sen. (Prof.) Kindiki): Next Order.

Order, Senator for Makueni. You do not just rise up and announce that there is a Paper. You say: ‘Point of order.’ The Chair will then ask: ‘What is it, Sen. Mutula Kilonzo Jnr.?’ Sen. Mutula Kilonzo Jnr., do you have a Paper to lay?

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Please, proceed.

Thank you, Mr. Deputy Speaker, Sir. I am properly guided. It is the first time that has happened, and it will be the last. REPORT ON THE 39TH ANNUAL FORUM OF PARLIAMENTARIANS FOR GLOBAL ACTION Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, 11th October, 2018: Report of the Kenya delegation to the 39th Annual Forum of Parliamentarians for Global Action.

(Sen. (Prof.) Kindiki): Very well. Next Order. The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion- THAT, this House notes the Report of the Kenya delegation to the 39th Annual Forum of Parliamentarians for Global Action, laid on the Table of the Senate, today, 11th October, 2018.

(Sen. (Prof.) Kindiki): Next Order.

(Sen. (Prof.) Kindiki): Order, Senators. We will strictly keep the time available for Statements. The quicker the issuance or requests for the statements, the better. When the time lapses, we will cease this Order and move to other Orders. We will start with requests for Statements. INTERNATIONAL DAY OF THE GIRL CHILD Let us have Sen. Chebeni on behalf of Sen. Kasanga. Since Sen. Chebeni is not in the House, the Statement is deferred.

Next is a statement request by Sen. Sen. Dullo. Please, make it as brief as you can. BOUNDARY DISPUTE BETWEEN GARISSA AND ISIOLO COUNTIES

Mr. Deputy Speaker, Sir, pursuant to Standing Order 48(1), I rise to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations on the boundary dispute between Garissa and Isiolo counties that has led to breach of security within Isiolo County. In the Statement the Committee should- (1) The circumstances under which one Mr. Ali Guyo Roba was abducted and found dead yesterday. (2) State the mechanisms put in place to resolve the outstanding boundary dispute between Garissa and Isiolo counties. (3) Explain what is being done to enhance security in the area, specifically in Duse, Belgesh and Eldera areas within Isiolo County. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Is that all? Okay. The next Statement is by Sen. Khaniri. HIGH COST OF LIVING IN THE COUNTRY AND GENERAL MISMANAGEMENT OF THE ECONOMY

Thank you, Mr. Deputy Speaker, Sir, for the opportunity. Pursuant to Standing Order 47 (1), I rise to make a Statement on an issue of general topical concern, on the current high cost of living in the country and the general mismanagement of the economy. The country has been staring at an era of high cost of living. This high cost of living depicts a failure by the national Government to cushion its citizens, as it is the responsibility of the Government to ensure prudent management of the economy. Several issues concern us today. One is the huge total debt that stands at approximately Kshs5 trillion, which translates to 57.1 per cent of the Gross Domestic Product (GDP) and an average debt of about Kshs90,000 per person; the rising cost of living, food shortage and glut at the same time, exorbitant tax regime and corruption. When the Jubilee Government took over power in 2013, the economy had shown signs of picking up. We had a well-structured development blueprint in the Vision 2030. Then, the President defined his agenda as contained in their manifesto. This included things like laptops for Standard One pupils, Galana-Kulalu Irrigation Project, expanded National Youth Services programs, construction of numerous stadia across the country, among other ambitious development infrastructure. The Government had to source for funds and hence, opted to float Eurobond I and II, and signed a number of development contracts that were to be financed through loans. This move has increased the country’s debt three-fold within six years. The debt increased from Kshs1.5 trillion in June, 2012 to over Kshs5 trillion as it stands today. Mr. Deputy Speaker, Sir, Kenyans have expressed concern on the ballooning foreign debt, especially from China. It is a fact that the Jubilee Government has already accumulated too much debt. Some of the projects that the Government has heavily invested in have no immediate value for money and most people cannot point their direct benefit. The huge loans require servicing, which in turn means increased taxes, more borrowing and inflation. The majority of my constituents in Vihiga are suffering and most of them cannot afford to have three straight meals in a day. Recently, the National Assembly acrimoniously passed the Finance Bill, 2018, which was assented to by the President. This Act of Parliament only broadened and increased taxes and, as a result, pushed the The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Sen. Khaniri, you had not more than 10 minutes to finish the Statement and I think you have exhausted your time. I will give you three more minutes.

Give me one more minute and I will be done. Thank you, Mr. Deputy Speaker, Sir, for your indulgence. Today, the number of hawkers in the city is increasing by day and surely it will not be a prudent idea to just drive them out of the streets. Currently the daily casual work wage in Vihiga County is about Kshs200 on the higher side. How this can be distributed to cover the daily needs of a small family of four members is almost a miracle. I wish to bring this matter to the attention of the Senate because as lawmakers, we play a key role in regulating the cost of living by formulating policies as part of our law making function. I also wish to appeal to the national Government to speedily address this situation because Kenyans are really suffering and this should not be swept under the carpet. I thank you.

(Sen. (Prof.) Kindiki): Sen. Orengo, you have not more than three minutes.

Mr. Deputy Speaker, Sir, I commend Sen. Khaniri for making this very comprehensive and extensive Statement. I was reading somewhere that Kenya is the third highest debtor to China after Ethiopia and Angola. It is a worrying situation because the debt portfolio for the entire continent to China is about one-fifth of the debt owed by African countries to the rest of the world. I am beginning to see the sense why you normally get almost 100 per cent quorum of African leaders in Beijing and not 100 per cent in the African Union (AU) meetings in Addis Ababa. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): I will allow one more comment on the Statement from the other side of the House.

Mr. Deputy Speaker, Sir, as a colleague of Sen. Khaniri and the Chairman of Building Bridges Initiative, I congratulate him for setting the ball rolling for the work we are supposed to do, particularly on corruption and youth unemployment. These are some of the issues that we will be going round the country to meet Kenyans in order to get their views. We are supposed to build bridges but we are not engineers. The engineers are Kenyans. Depending on what they will tell us, it will help us build bridges. We welcome ideas like the ones we have heard. When we go round, Kenyans will be appearing before us and hon. Members can write memoranda or appear before us. Very soon we will set the dates when we will be receiving memoranda and views from Kenyans. I support this Statement.

(Sen. (Prof.) Kindiki): Sen. Sakaja, I will allow you time later but not now because we are trying to balance today’s agenda. Hon. Senators, we have three aspects of that Order on Statements. We have just done the first one, which is Statement under Standing Order No.47(1). I now direct that we move to Statements under Standing Order No.48. I now call the Senator for Makueni, Sen. Mutula Kilonzo Jnr.

Mr. Deputy Speaker, Sir, with your leave, I will read both Statements. I will begin with the first one. DELAYED COMPENSATION FOR PERSONS DISPLACED BY THE CONSTRUCTION OF MULIMA DAM Pursuant to Standing Order No.48(1), I rise to seek a statement from the Standing Committee on Lands, Environment and Natural Resources on the delayed compensation for displaced persons during the construction of Mulima Dam in Mbooni Constituency, Makueni County. In the statement, the Committee should- (1) State the number of people whose land was acquired to pave way for the construction of dam and how many have been compensated so far. (2) Explain the reasons for the delayed compensation to the affected persons. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Chairperson, first, are you requesting any substantive response?

.: Yes.

(Sen. (Prof.) Kindiki): Where is the Chairperson of the Committee on Land, Environment and Natural Resources?

.: Mr. Deputy Speaker, Sir, they are missing in action.

(Sen. (Prof.) Kindiki): Is the Vice Chairperson or any Member of the Committee here?

Mr. Deputy Speaker, Sir, I am neither the Chairperson of the Vice Chairperson, but I am a Member of that Committee. On behalf of my Chairperson and the Vice Chairperson, I give a commitment to the Senator that we should be able to respond to the Statement maybe in three weeks’ time.

(Sen. (Prof.) Kindiki): Sen. Mutula Kilonzo Jnr., are you okay with three weeks?

.: Mr. Deputy Speaker, Sir, in fact, let me be candid and say that prior to the amendment of the Standing Orders, the Committee had received information on this Statement only that we had to redo the statement again. So, if they get to their records, they can do this in less than three weeks.

(Sen. (Prof.) Kindiki): All right. Sen. Khaniri, in light of that, will one week be okay?

Okay, Mr. Deputy Speaker, Sir. We can do so in one week. If we will be unable, we will report progress.

(Sen. (Prof.) Kindiki): Very well. So, ordered. Next Statement is by Sen. Mutula Kilonzo Jnr. DELAYED COMPENSATION FOR PERSONS DISPLACED BY MANOONI DAM PROJECT IN MAKUENI

.: Thank you, Mr. Deputy Speaker, Sir. Pursuant to Order No.48, I rise to seek a Statement from the Standing Committee on Land, Environment and Natural Resources on the delayed compensation for persons displaced during construction of Manooni Dam in Makueni Constituency, Makueni County. In the Statement the Committee should: (1) Indicate the size of land acquired during the construction of Manooni Dam; (2) State the reasons that informed the acquisition of the land and whether the public was consulted; (3) State the number of people whose land was acquired to pave way for the construction of the dam and why they have not been compensated to date; The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Pursuant to Standing Order No.48, the Committee should take action, accordingly. Under Standing Order No.52(1), the Senate Deputy Majority Leader on the business of the House for next week. Are you ready?

As you sort out yourself, I will allow Sen. (Dr.) Ali the Senator for Wajir County to make a Statement under Standing Order No.48(1). CONSTANT POWER RATIONING AND BLACKOUTS IN WAJIR COUNTY

Mr. Deputy Speaker, Sir, pursuant to Standing Order No.48(1), I rise to seek a Statement from the Committee on Energy, Roads and Transportation on the constant power rationing and blackouts in Wajir County and Wajir town to be precise. In the Statement, the Committee should give reasons:- (1) As to why there have been constant power rationing and blackouts in Wajir County. (2) Explain the measures being undertaken by the national Government to resolve the power rationing and blackout. (3) State the steps being taken by the national Government to ensure that the power generating equipment for Wajir Town is well maintained and in good working condition. Mr. Deputy Speaker, Sir, the town has been out of power for the last two weeks because of some damage to the generator in Wajir Town. People are suffering in that town. I want to know the cause of the damage of that machine.

(Sen. (Prof.) Kindiki): Senate Deputy Majority Leader, Statement under Standing Order No.52(1). BUSINESS FOR THE WEEK COMMENCING TUESDAY, 16TH OCTOBER, 2018

Mr. Deputy Speaker, Sir, pursuant to Standing Order No.52(1), I hereby present to the Senate the business of the House for the week commencing on Tuesday, 16th October, 2018. On Tuesday 16th October, 2018, the Senate Business Committee (SBC) will meet to schedule the business of the Senate for the week subject to further direction by the SBC. The Senate will, on 16th October, 2018 consider Bills due for Second Reading and The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order, Senate Majority Leader. You are interrupting your own Statement.

Thank you, Mr. Deputy Speaker, Sir. 10. The Land Value Index Laws (Amendment) Bill (National Assembly Bills No.3 of 2018) 11. The County Statutory Instruments Bill (senate Bills No.21 of 2018) 12. The Petition of the County Assemblies Procedure Bill (Senate Bills No.22 of 2018). 13. The Treaty Making and Ratification (Amendment) Bill (Senate Bills No.23 of 2018) 14. The Statutory Instruments (Amendment) Bill (Senate Bills No.24 of 2018) Hon. Senators, I urge the respective Standing Committees to hasten consideration and public participation in the above Bills and file reports to enrich debate at Second Reading. There are a number of Bills that are due for Committee of the Whole. I urge sponsors of the Bills and the respective Movers of the amendments to avail themselves to enable the House to effectively navigate the Committee of the Whole. In conclusion, there will be a breakfast meeting on Tuesday, 16th October, 2018 at 7.30 a.m. in Parliament Building. I invite all Senators to attend this important meeting that will converse emerging issues regarding the Petroleum Bill (National Assembly Bills No.48 of 2017) and The Local Content Bill (Senate Bills No.10 of 2018.) Mr. Deputy Speaker, Sir, I hereby lay the Statement on the Table of the House. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Thank you, Sen. Dullo, on behalf of the Senate Majority Leader. The request of a Statement by Sen. (Dr.) Ali from the Committee on Energy, Roads and Transportation is urgent because it is about electricity connection in Wajir County. Under the new Standing Orders, you do not have to bring the Statement back to the House. However, you have to give it to the Senator. How much time would you need to respond to Sen. (Dr.) Ali’s request for the Statement? Where is the Chairperson, Vice Chairperson or Member of this Committee? Senate Majority Leader, please communicate to the Chair. Order, Sen. (Dr.) Ali. The Chair is assisting you and you are busy creating disorder. Let us have the Leader of the Majority.

Thank you, Mr. Deputy Speaker, Sir. I agree with you that Wajir is one of the counties that still use generators for electricity. This is, therefore, an urgent issue in terms of replacement and so forth. I will liaise with the Senator and the Committee and give an interim answer to the House, if need be, by Thursday next week. Meanwhile, we can do whatever we need to by tomorrow.

(Sen. (Prof.) Kindiki): Sen. (Dr.) Ali.

Thank you, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Very well. It is so ordered. The one by Sen. Dullo, Senator for Isiolo County was addressed to the Committee on National Security, Defence and Foreign Relations. Let us have the Chairperson.

Mr. Deputy Speaker, Sir, we will get a response in two weeks. We will give it to the Senator and also see if we can organise to visit the area at the soonest available opportunity.

(Sen. (Prof.) Kindiki): Sen. Dullo, are you satisfied with that?

Mr. Deputy Speaker, Sir, I am okay.

(Sen. (Prof.) Kindiki): Thank you. It is so ordered. Hon. Senators, I have a Communication to make pursuant to Standing Order No.20 of the Standing Orders of the Senate.

(Sen. (Prof.) Kindiki): Thank you, Senator Cheruiyot for proceeding without greetings. Let us now proceed to the Communication. The electronic version of the Senate Hansard Report is for information purposes

(Sen. Murkomen)

(Prof.) Kindiki

(Sen. Murkomen)

(Prof.) Kindiki

First, I want to tell the House that this was not an easy decision to be made, and our friend, Sen. Were, is aware. We have had fellowship together and it is a decision that was made with her participation. I wish to tell the House that this decision has nothing to do with her performance; she has worked very well for the NASA Coalition and for the House generally. Mr. Deputy Speaker, Sir, I will circulate the letter that I wrote to you so that the House can understand the context within which the decision was made. You should know that there is some kind of portfolio balance that we must keep within our coalition, as we should in the House. This has got to do with these issues of gender and the numbers within the constituent parties on the side of the NASA Coalition. The electronic version of the Senate Hansard Report is for information purposes

(Sen. Murkomen)

(Prof.) Kindiki

(Sen. Murkomen)

Well, with the handshake, anything is possible.

Maybe to put his mind at peace, let me tell you I am in for a bigger thing.

(Sen. (Prof.) Kindiki): Sen. Murkomen, no situation is permanent.

I wish to congratulate Sen. Kwamboka, and I hope that, that spirit of bi-partisanship that we have seen in the last few months will continue. When it comes to organizing the Business of the House, I think that both sides will try to work together. That is not to say that we do not have different responsibilities and different emphasis, depending on the issue which is under consideration. Thank you.

(Prof.) Kindiki

Thank you, Mr. Deputy Speaker, Sir. In very few seconds, I want to congratulate Sen. Kwamboka, who is a very able colleague. I have no doubts in her capacity to serve as a Whip, or even in greater positions, if the NASA Coalition makes another change; now that it is apparent that nothing is permanent, especially from their side.

I also want to pay tribute to the good work that Sen. Were has done to us, especially while serving as the Minority Deputy Whip. I have seen her on many occasions lead the welfare efforts towards colleagues from both sides of the divide when there has been need for that. I urge my colleague that in as much as that position is a gift from the Minority---.

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

(Sen. (Prof.) Kindiki): Sen. Cheruiyot, would you like to be informed by Sen. Haji?

Who can say no to Sen. Haji? Of Course, he is the---.

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

Thank you very much, Mr. Deputy Speaker, Sir. Thank you very much, Sen. Cheruiyot. Mr. Deputy Speaker Sir, the gracious lady; the Sen. Were, served in my Committee on National Security, Defence and Foreign Relations. I want to confirm that she was very active, dedicated and useful to the Committee. I wish her well. Thank you.

(Prof.) Kindiki

Mr. Deputy Speaker, Sir, I was almost confused, thinking that it might be the other Committee, but I have remembered that it is this one of the House and not the one for the bridges.

In conclusion, it is good that Sen. Orengo has given us his assurance. This is because I was worried that perhaps our colleague, Sen. Were – especially because she is not here today – might be somewhere grumbling and feeling bad about it. However, if it was a coalition decision, we rest it at that, because you have given us your assurance. Otherwise, I was getting afraid and saying that, if this is how your side of the House treats power, what would happen, had you accessed the real power, like the one on this side?

Sen. (Prof.) Kindiki): Order, Sen. Cheruiyot. Do not make it more contentious. Order. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. I congratulate and commend Sen. Kwamboka for rising to this position. I know that she is vibrant and active; in fact, she is hyperactive. I believe now that she has been given the opportunity, she is going to perform. Unless one is given an opportunity to do something, people may never get to know their strength. Now that she has been given this position, we are going to see her strength and whether she will perform or not. I believe that she will perform, because from the very start, she has had the desire to get that position. I think she has been praying over it.

(Sen. (Prof.) Kindiki): Conclude, Sen. (Dr.) Musuruve.

Thank you, Mr. Deputy Speaker, Sir. I beg to support.

(Sen. (Prof.) Kindiki): Thank you. Finally, proceed, Sen. Pareno. You have one minute.

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

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

Mr. Deputy Speaker, Sir, I have just heard Sen. (Dr.) Musuruve refer to Sen. Kwamboka, who is a Member of my Nairobi delegation and whom we are very proud of for getting this position, as being hyperactive.

Mr. Deputy Speaker, Sir, the word ‘hyperactive is a chronic disorder; attention deficit that can last for years and be lifelong. It is actually a disease. Is it in order for Sen. (Dr.) Musuruve to impute---.

(Sen. (Prof.) Kindiki): Order. Sen. (Dr.) Musuruve has already concluded her remarks.

Mr. Deputy Speaker, Sir, is it proper for that word to be in the record of the House that there was once a Senator with chronic disorder of hyperactivity?

(Sen. (Prof.) Kindiki): “Hyperactive” could have medical connotations. Therefore, perhaps Sen. (Dr.) Musuruve could have used words like ‘very active.’

Mr. Deputy Speaker, Sir, I used the word ‘hyperactive’ in the passive way. I should have said that she is very active.

(Sen. (Prof.) Kindiki): Very well. That is better. Proceed, Sen. Pareno.

Thank you, Mr. Deputy Speaker, Sir. I rise to congratulate my sister, Sen. Kwamboka as well as Sen. Were, who did very well. We have not done this realignment because of any issues that touch on her performance, but rather for fairness and fair distribution of positions within the Coalition. I assure the House that we have no issue with our sister, Sen. Were. She is agreeable to what we have done. We have sat with her and agreed. I assure the House that it was all in good faith. We believe that we will serve this House better while rearranging these positions in the manner that we have done. I congratulate both of them. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): That is it. Hon. Senators, this brings us to the end of Statements. I now direct that we defer the item appearing under Order No.8.

(Sen. (Prof.) Kindiki): Hon. Senators, I have a Communication to make regarding the grisly road accident that occurred at Fort Ternan on 10th October, 2018. Hon. Senators, on the morning of 10th October, 2018, Kenyans woke up to very sad news on the demise of 56 persons in a bus accident at Fort Ternan, Kericho County after a bus destined for Kakamega from Nairobi rolled several times. The matter of numerous road accidents in the country is worrying. As leaders, we urge the relevant Government agencies to work with speed to ensure that no more Kenyan lives are lost on our roads. On behalf of the Senate and my own behalf, I wish to send a message of condolences to the families of the departed and wish those injured quick recovery. I thank you. Hon. Senators, I know this is quite a difficult matter because the country is still mourning. I will give the first chance to Sen. Moses Wetangula and then Sen. (Dr.) Langat, who had also approached me with a view of trying to bring this matter up in some form of debate. However, because we are constrained for time, I will give a few Members of the House an opportunity to make a few comments and send their condolences, so that we can also attend to other issues in today’s Order Paper. Sen. Wetangula.

Mr. Deputy Speaker, Sir, I wish to thank you in a very special way for bringing this matter to the Floor of this House. The bus that rolled and killed, now confirmed, 58 Kenyans and many more are in critical condition, was travelling to Kakamega from Nairobi. I am aware that there is a family from Ingotse in Kakamega that lost six members of the same family. There is also a family from Shinyalu that lost three members of the same family and many others. This morning, I sent my deputy, Hon. (Dr.) Boni Khalwale to Kericho. He has been moving from ward to ward in hospitals, being a medical doctor himself, to condole with those who have lost their loved ones and check on the condition of the injured ones. Mr. Deputy Speaker, Sir, I also thank the Governor for Kakamega County, Gov. Oparanya, who has travelled to Kericho to see the situation. More importantly, I thank the Governor for Kericho who has confirmed to Gov. Oparanya that his county The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Sen. (Dr.) Langat, kindly make it brief.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to condole with the families who lost their beloved ones through this unfortunate accident. Reading reports from the media, we see the police and the National Transport and Safety Authority (NTSA) are good at keeping statistics. For example, NTSA was quick to The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order. Sen. (Dr.) Langat, I directed that we concentrate on condolences and, perhaps talk about one or two policy issues we need to implement to prevent road carnage in this country. We have more than 20 Senators who also want to have a chance to condole.

Mr. Deputy Speaker, Sir, as I said, accidents are preventable. It is a pity that law enforcers are not doing their work. We only hear of them giving us statistics when accidents occur. It will be important if we enhance regular inspection of all vehicles on our roads. We were all surprised to hear this particular bus was not licensed to ferry passengers at night. However, it was driven past many police road blocks. It was very sad to note that a single family lost six members who were going for a funeral. I urge the Committee on Roads and Transportation to investigate the cause of this accident and make recommendations that will help this nation prevent or reduce occurrence of accidents on our roads. I condole with the families and friends who lost their beloved ones in this grisly road accident. May Almighty God rest their souls in eternal peace.

(Sen. (Prof.) Kindiki): Thank you, Sen. Dr. Langat. Let us hear Chairman of the Committee on Roads and Transportation. He is not here. Sen. Olekina, you may proceed.

Thank you, Mr. Deputy Speaker, Sir. On behalf of the people of the County of Narok, I send my heartfelt condolences to all the families whose relatives perished in this accident. Accidents distort people’s thinking. I know the owner of the bus. He is a good friend of mine. His name is Cleophas Toto. At the moment, he is also in a tough position going by what the Inspector-General is saying about this accident. Mr. Deputy Speaker, Sir, my biggest concern is to do with the issue of liability. It is time we thought about the liability with regard to accidents on our roads. In other countries, passengers are normally covered and compensated when they are involved in accidents. It is unfortunate that this does not happen in Kenya. As Sen. (Dr.) Langat said, the NTSA is quick to give statistics of deaths. What is the responsibility of the insurance companies when our people are involved in accidents? Does their insurance policy cover the passengers in our vehicles? We must make sure that our vehicles are roadworthy. Maybe it is time we encouraged a discussion on issues of liability. For example, what kind of insurance policy should Public Service Vehicles (PSVs) have? The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Chairman for the Committee on Roads and Transportation make it brief because there are so many requests.

Mr. Deputy Speaker, Sir, the Chairman of the Committee on Roads and Transportation, I want to convey my very sincere condolences to the families that were affected yesterday morning by that accident. I want to confirm to this House that last week we had a meeting where we had invited all the stakeholders; that is, the NTSA, Kenya National Highways Authority (KeNHA) and the Inspector-General of police. We were probing the causes of an accident where 10 young children lost their lives on Garissa Road. In the course of that discussion, we were told that accidents were due to human error, criminal activities like drunk drinking and road unworthiness. What is even more disgusting is that everybody who is mandated or expected to act, waits for the accident to happen and then they report that they have arrested the owner of the vehicle. I did not mince my words, but I told them that, that was nonsense. How can we lose the lives of 55 Kenyans and then the next thing they do is to arrest the owner of the vehicle? What we should be asking ourselves is - that is exactly what we asked even in the previous case - how is a vehicle driven from Nairobi overloaded, without insurance, and all other faults and passes more than 15 roadblocks up to Fort Ternan and nobody asks a question. This is exactly what we asked when children perished on Garissa Road; there was a road block a few kilometres away. How can a school bus pass there at night against the laid down regulations and nobody notices it? Recently, there was a move by a few players and stakeholders to ensure that there is regulation, retesting and further instruction of PSV drivers by bringing in a new code in driving schools. A few players went to court and managed to obtain an order for the threshold for qualifying Public Service Vehicle (PSV) drivers be raised. This is where we have to firmly put our foot down. The police officers who were on the road at the time when that bus passed there, should be brought to book. Lastly, one week ago, I was driving on the route to Eldoret and there was a boda

rider in front of me carrying children and three adults. When he got to a police roadblock, he put his hand in his pocket and threw a Kshs50 note on the ground and passed. When I got to that point, I almost went into a boxing match with those police officers. I asked them: ‘Suppose this fellow trips and kills all these children yet you fellows are taking Kshs50?’ We could blame everyone but the law enforcement officers have to live up to the expectations of Kenyans. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Thank you. Be as brief as you can. Could we hear from Sen. Wako? You do not have more than three minutes.

Thank you, Mr. Deputy Speaker, Sir. It is indeed---.

That is Sen. Wako, not Sen. (Rev.) Waqo.

(Sen. (Prof.) Kindiki): Order both Sen. (Rev.) Waqo and Sen. Wako. Sen. (Rev.) Naomi Waqo, the Waqo with a ‘q’, when a Member from the majority side has spoken, traditionally, it can only be a Member from the other side to make the next contribution. Therefore, the Wako in this case is the Wako from the minority side, who in this case is Sen. Wako with a ‘k’. Could we hear from Sen. Wako, with a ‘k’?

Thank you, Mr. Deputy Speaker, Sir, for that clarification. It is, indeed, a very sad day that we have to come here yet again and speak on the unwarranted loss of lives of many Kenyans through an accident. This is not the first time this has happened. Each time this happens, we come here and decry our rules and regulations for not being enforced. We issue very strong statements like: “Never again will this happen or will motor vehicles be driven at night.” I can assure you that next week, something like this may happen. One thing that we need to emphasize in this country is discipline as a culture of the society. I sometimes feel that we are a society that is not disciplined. This is well reflected in the culture on the roads. Sometimes when most of us go overseas and are met by a Kenyan driver and he drives you from the airport, you will find that when he gets to a place where traffic lights indicate that he should stop, he stops. However, sometimes, I must admit, when the traffic lights indicate that we proceed and it is about to turn to yellow then red, I ask the driver to go fast because the lights are about to turn red, yet it is precisely at that time that the driver should slow down to stop. This culture of discipline must somehow be inculcated in the society as a whole, but in particular, among the drivers. One hears that the driver was aged 72. I am nearly getting there and I can still drive a private car well but when it comes to driving PSV vehicles involving many passengers, there should be an age limit for the drivers, which must be enforced. The PSV drivers must be checked every two years to see if they are behaving properly on the road. Mr. Deputy Speaker, Sir, some specifications should be put in place during assembling of these vehicles, which are mostly assembled locally. This is to ensure that the box of the bus is safe inside even if it rolls a number of times. When I saw this bus, I realized that the top was completely and neatly off. I did not see the safety belts, so these people were just sitting there and the bus was rolling. Maybe, had there been proper The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Conclude, Sen. Wako.

Mr. Deputy Speaker, Sir, let us have a new culture. Let me conclude by conveying my condolences to the bereaved families. I know and it appears as if most of those families come from my part of the world. I ask our counties in western Kenya to emulate the example of the Governor for Kericho and assist the families in burying the dead.

(Sen. (Prof.) Kindiki): Thank you, Sen. Wako. Could we hear from Sen. Murkomen?

Thank you, Mr. Deputy Speaker, Sir. I join you and my fellow Senators in condoling with the families, relatives and friends of those who lost their lives in that grisly accident at Fort Ternan. I have not heard of another country like ours where people die in terms of 20s, 30s, 40s, 50s or even a 100 and it is not shocking news. It is just temporary shocking news. If you go to the international pages of the Kenyan newspapers, you will find them reporting that an accident occurred in Tokyo and two people died. There could be a train accident in India and maybe 20 people died. In our country, people die in 100s in road accidents and it is not even reported in Tanzania and Uganda since it has become normal. This should sadden us. We have people dying in their 50s and if it was in any other country in the world, it would have been the headlines of many newsrooms, including the New York Times . However, in Kenya, we have made the abnormal become normal and we must start thinking and becoming uncomfortable. The President of this Republic must bring back the issue of roads not just as transport, but this should be part of security and health. This is because roads kill people more than the diseases that we treat in this country. We are fighting so hard to get universal healthcare so as to prevent deaths through diseases but more people are dying because of road accidents. It means that we must rethink our policies. You are more likely to die in Kenya today if you are traveling on a road than when you are sitting in a hospital waiting for treatment. This is terrible. It is not enough for the Chairperson to lament what is taking place in the sector. It is time for us to provide solutions. This is not just a legislative issue. I think the first duty is not just to the driver or the owner of the bus; the first duty is to the passenger. We must educate people to know what a 42 or 62-seater bus is; and what a 14-seater matatu is, so that once you enter a matatu or a bus and it is already full, you should disembark. If you are sitting inside a bus which is already carrying 62 people, which is the maximum number of people the bus can carry, you should chase the people who come in. That should be the first duty. Secondly, 50 grown-ups cannot be driven by a reckless driver, yet nobody tells the driver, “stop the bus; we want to have a conversation with you.” You just sit in a bus that you know is overloaded, which passes through all those road blocks, but you do not want to take responsibility as a citizen and report it to the police. If you have paid The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Very well. Proceed, Sen Orengo.

Thank you, Mr. Deputy Speaker, Sir. Let me also join my colleagues in passing my condolences to the bereaved families and hope that those who were injured will get quick recovery. However, as I say my prayers for them, I begin to ask myself whether prayers are good enough. Whenever such incidents occur, we tend to say that, “our hearts and prayers are with the bereaved families and those who have lost their lives.” Mr. Deputy Speaker, Sir, the rain started beating us when we destroyed dependable, cheap, public transport. If I remember the days when I used to go to school, the most dependable, safest and affordable form of transport was the Kenya Railways (KR). We had two passenger services in the morning and two in the evening. Although it was not the most comfortable means of transport, it was safe and dependable. Once we destroyed the KR, and we know what happened – it was destroyed because of vicious fight for money and profit – we eventually lost the KR. As we speak now, we still do not have any dependable form of public transport. In the Third World, there can never be an alternative to public transport. If there is any, then it is in the most developed countries in the world. Even in the most developed countries in the world, there is always some form of public transport. If it is not there, The electronic version of the Senate Hansard Report is for information purposes

(Prof.) Kindiki

Otherwise the same story will continue and in another three or four months, we will be back here, with the Speaker making a Statement sending condolences. That is not part of our responsibility and this has to be stopped. Thank you very much.

Mr. Deputy Speaker, Sir, I wish to also convey my condolences to the families, on my own behalf and on behalf of the people of Nairobi. Many of those who lost their lives were from both Nairobi and my ancestral Kakamega County. It is sad The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I join my colleagues in sharing and passing our condolences to the families. As the people of Kericho, we feel sad about the issue especially in light of the fact that it happened in our county. That is a road that I am too familiar with. I use it almost every weekend, including the previous one. On every occasion you drive down the road, you can see that it is a deathtrap or disaster waiting to happen yet the authorities and those who are supposed to take decisions, including us as Senators and legislators are doing nothing. It is quite unfortunate, as somebody has already pointed out, that as legislators, we have reduced ourselves to condolences passers only despite the fact that as Parliament, it is within our powers to summon some of the people that have been professionally negligent and led to the loss of lives. When I woke up and heard about the accident, among the first people that I called was the contractor who constructed the road, a gentleman that I know well. When I called him, he told me something that is extremely shocking. I told him that the road he constructed had killed over 50 people. I went ahead to remind him that it is because the The electronic version of the Senate Hansard Report is for information purposes

Sen. (Dr.) Musuruve

Mr. Temporary Speaker, Sir, thank you very much for giving me the opportunity to join my colleagues in condoling with the families of the bereaved. On behalf of persons living with disabilities and myself, I wish to condole with the families of those who lost their lives in the tragic accident. It is very painful that 55 people died on the spot, more so, when five members of the same family are involved. At a twinkle of an eye, lives were lost. People died without accomplishing what they needed to accomplish in this world. It is given that everyone will die, but it should not be due to human error. As the Senate, we need to find ways of averting deaths that are caused by accidents on the roads. There is need for the Traffic Police and all other agencies who man the roads to be taken to task, so that they can take their work seriously. It is painful to lose lives prematurely. Some of those who died were children and youths. I want to commend the Governor for Kericho County for committing to support those who are bereaved. That is a good gesture and the Government needs to support his The electronic version of the Senate Hansard Report is for information purposes

Sen. Nyamunga.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to also relay my condolences to the bereaved families. It is very unfortunate that time and again, we keep sending condolences to the families who have lost their loved ones very carelessly on our roads. Kenya is a very reactive country; all the time we react and have reasons to blame each other. It is unfortunate that we always react and are not proactive. I have always said it and will continue to say that, as a nation, we should be very prepared and proactive. I had the opportunity to travel on this road several times. It is a well-built road, but was never completed. It is an incomplete road with no signage and marks, and it is built on a very hilly part of Kericho. On behalf of the people of Kisumu County, who are neighbours with Kericho, and my own behalf, I want to send my condolences and say that in this country we need to educate ourselves. We cannot post enough policemen on the roads to take care of all the vehicles that are on the roads. As a people, we are making grievous mistakes. We do not care about life and each other. Nobody can police each and everyone of us. It has already been mentioned here today that we need to go back to the basics and know how we should handle our affairs. The way we are handling them is very wrong, and this should go back to even our children. We should teach ourselves the basics of human life and how we should manage our affairs. We cannot rely on policemen or anybody else to tell us to do the right thing. Lastly, what is very unfortunate is that I came to understand that some casualties were taken to some nearby hospitals like Muhoroni, which is a neighbouring Sub County with Kericho. However, they were not attended to for the simple reason that the hospitals lack medicine. This goes back to the problem of disbursement of resources to the county governments. It is real and the Government must rise to the occasion. Medical services are devolved units and should be properly funded so that we can have drugs, equipment and everything that we need. Right now, our hospitals are doing very poorly. This is affecting not only Muhoroni Sub County, but all the sub counties. I had an opportunity to visit Ahero, which is one of the hospitals that we have on the highway. What would happen if we had such casualties and occurrences? I want to urge the national Government to up its game towards providing services to the people. Now that we are charging our people 8 per cent VAT taxe, we should not have another reason to delay disbursing the resources to our counties. Mr. Temporary Speaker, Sir, I appeal to all of Kenyans that we should be civil in the way we run our affairs and even use our roads. It is unfortunate that we have lost so many people. It is sad that the bus was overloaded. If you read the newspapers, it is The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir, for allowing me to join my honourable colleagues in sending my condolences to the people who were affected, on the behalf of Marsabit County and my own family. It is unfortunate that we lost 56 lives at once. The most unfortunate bit is that we did not only lose the grownups, but also young children; innocent lives. There was a time when we discussed about school going children who lost their lives and we were all very bitter. We were mourning together with the families. Today, again we are mourning together with our fellow citizens. It has become our tradition to always talk after something has happened. The Government always reacts and we all send our condolences to the families and promise to support them. It is unfortunate because none of us can understand what those families are going through. In the last ten months, it has clearly been said that we have already lost 2,345 people. As we approach December, our prayer is that we do not lose more lives. However, it is also our tradition that around that time, we lose a lot of lives. It is our prayer that the Government and the responsible people will take necessary actions in order to stop the deaths on the roads. Many people blame the police because of the bribes they take and the mess they always put us in. We have always complained, but what actions are we taking against the police? If the Kshs50 that they are given will cost us the lives of 56 Kenyans, that is a big loss. Something must be done so that we can overcome this challenge that we always talk about. The World Health Organization (WHO) has ranked Kenya as one of the worst countries when it comes to road safety. It is just because of what keeps on happening. Every day, we lose our people. At that same spot, I read somewhere that we have lost over 100 lives. Today, we have lost 50. Nobody knows how many more will be lost for us to take action. Something must seriously happen. We urge the county to take the responsibility because when this happens, it affects a county. We also urge the national Government to support the bereaved families. What we are doing is not enough. Many families are going through a lot of pain. They need a lot of counselling and support, especially where a family lost six of their beloved ones. It is a very painful experience. All Kenyans must come out and see how we can extend our support to the bereaved families, so that they can be counseled and supported. Mr. Temporary Speaker, Sir, the famous Michuki rules must be reinstated. They helped us to curb road carnage in this country. However, we have forgotten them within a very short time. Today, even the passengers do not use the safety belts. It is high time we embraced those rules and implement them to the letter. Again, yesterday, we lost two teachers. As a nation ---

Order, hon. Members!

Mr. Temporary Speaker, Sir, just one minute. The electronic version of the Senate Hansard Report is for information purposes

Let me inform the hon. Members who are requesting to contribute on the reaction to the Chair’s Communication to limit their contributions to only four minutes. Sen. (Rev.) Waqo, proceed.

Mr. Temporary Speaker, Sir, on the same note, I want to send my condolences to the families of the two teachers who lost their lives yesterday to an AlShabaab attack. It is something that we also need to talk about. For the people who lost their lives and the ones undergoing treatment, I urge the Government and all of us to see how best we can support them. Yesterday, we were told the mortuary facility at Fort Ternan is overstretched because it can only accommodate 16 bodies. There are 56 bodies in that mortuary which poses a great challenge to family members identifying their loved ones. We all know the health function is fully devolved and Kenyans are investing a lot of resources in the Ministry of Health. We have a lot of hope in this Ministry. It is high time we knew what goes on in our small medical centres because we never know what will happen tomorrow. I urge the national Government to assist the bereaved families to identify their loved ones in the mortuary. We should not just leave the whole responsibility to the affected county. We all need to come out and see how best we can help them. The Kenya Red Cross and other organisations need to support these families. Losing 56 lives is not a joke. We mourn together with the families and pray that this will not happen again.

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to also add my voice to what my fellow Senators have said. First of all, I would like to send my deepest condolences to the families, especially that family that lost six members. There is nothing that can be said that can comfort them. We have talked about these things for a long time. As speakers before me have said, it is about time some tangible actions, decisions or policies are made to stop this road carnage. Life is sacred. There is no reason for losing life. We have rules and regulations. Our biggest challenge is implementers and law enforcers. Let me refer again to the Michuki rules which were alluded to a few minutes ago. We do not have to reinvent the wheel. When the Michuki Rules came into force, accidents went down completely like it was magic. Why can the current Cabinet Secretary (CS) for the Ministry of Transport, Infrastructure, Housing and Urban Development; his office, Principal Secretaries (PSs) and other officers not see that these rules are revived and adhered to? Why can the departments which are charged with seeing that these are applied not make sure that they are applied? How many lives must be lost for them to have a wake- up call? I hope the 50 lives are a wakeup call enough for the Ministry of Transport, Infrastructure, Housing and Urban Development, Ministry of Interior and Coordination of National Government and the NTSA to see that every department plays its role to bring these accidents down. It is doable. We saw the late Cabinet Secretary (CS), Hon. Michuki, doing it. He did not do it alone. There are records. These are written policies which need to be implemented to the letter. Mr. Temporary Speaker, Sir, there was the World Health Organisation (WHO) safety on the roads programme which was anchored in the Ministry of Public Health at The electronic version of the Senate Hansard Report is for information purposes

Asante Bw. Spika wa Muda kwa kunipa fursa hii. Kwanza, natuma risala za rambi rambi zangu na watu wa Kaunti ya Laikipia kwa familia za wale walipatwa na mkasa huu. Ni jambo la kuhuzunisha sana kwa sababu imekuwa ni kama jambo la mazoea kwetu hasa kama nchi kuwa hatupei umuhimu mambo ya watu ambao wana husika katika ajali. Ajali hutendeka, na mambo yana endlea. Swali ambalo tunafa kujiuliza ni kwamba: Wakati tulikuwa na Waziri Michuki sheria ilifuatwa zaidi kama vile tuko na Waziri Matiangi. Unapata ya kwamba ikiwa Waziri fulani ako katika Wizara fulani, sheria zina fuatwa. Ningependa kusisitiza kwamba sheria zinafaa ziandikwe katika nyoyo zetu kama Wakenya. Kila wakati ukipita barabarani kuna Askari. Lakini wakati mwingine magari mengine yana beba zaidi ya kiwango chao. Kama vile tume ambiwa, lile gari lilikuwa limebeba kushinda kile kiwango kimewekwa. Kutoka Nairobi hadi zile sehemu, kuna askari ambao wana simama katika hizo barabara. Inaonekana hawa watu wamezembea katika kazi zao. Tukichukulia mwenye gari hatua, tunapaswa pia tuwachukulie hatua polisi hatua, hasa wale waliokuwa katika zile sehemu za barabara ambako lilegari lilipitia. Walikuwa wakifanya kazi gani ikiwa kazi si kuangalia vile lile gari limebeba? The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity. On behalf of the people of Nyandarua County, my family and myself, I want to my express condolences to the families of those who lost their loved ones. This is yet another very sad matter where we have to lose lives because of careless driving. It is time that we trained PSV drivers. They should have some basic training. It is not necessarily that they have to be trained on how to drive, they already know how to do so. However, they have to be trained on issues of attitude and taking responsibility. They should know that once they get to a vehicle and they start driving, that vehicle can cause death to even the driver. Mr. Temporary Speaker, Sir, we have lost many lives. This time round, we lost 56 lives. At the same time, we lost three lives in Ndaragwa at a place called Mairo Inya. We have been losing lives day in day out. It is time that the country thought of how to stop road carnage. In other countries, accidents do not happen as often as they happen in this country. One of the causes of accidents in Kenya is the corruption that has not been contained. Mr. Temporary Speaker, Sir, this particular vehicle had travelled many kilometres. At some stage, it must have been stopped by police officers. One wonders, did these police officers not see that the vehicle was overloaded? Do they not have eyes? I know that they have eyes, but the problem is the money that they get from these drivers. We cannot continue losing lives because of Ksh50 that the police officers get from the drivers. That caused 56 people to lose their lives at ago. It is a big shame. The Inspector General of Police should design a way of ensuring that bribery on our roads stops, once and for all. It has become official that a police officer does not care The electronic version of the Senate Hansard Report is for information purposes

Asante, Bw. Spika wa muda, kwa kunipatia nafasi hii ili nitume risala zangu za rambirambi kwa jamaa na marafiki waliopoteza maisha ya wapendwa wao katika ajali hii ya barabarani. Bw. Spika wa muda, ajali za barabarani zimekuwa kawaida katika maisha ya Wakenya. Sielewi kwa nini askari wa trafiki wapo barabarani. Kwa nini tusiwaondoe askari wote kutoka barabarani hapa Kenya? Tumewaajiri askari hawa barabarani ili kulinda na kuangalia iwapo magari haya yamebeba watu kiwango kinachostahili. Wakati askari hawa wako barabarani na magari yanabeba watu zaidi ya kiwango kinachotakikana, yanaenda kuanguka kila siku na kumaliza watu. Baada ya watu kufa barabarani ndio tunakuja kutuma risala zetu za rambirambi. Ni kweli kwamba aliyefiliwa na watu wake anafaa kupewa risala za rambirambi. Lakini itakuwa haina maana iwapo tutaendelea kutuma risala hizo iwapo magari hayo yataendelea kuua watu katika barabara za Kenya. Wakati umefika tuseme yale The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir. First, I also join other speakers in registering my message of condolences to the families who lost the lives of their loved ones through the very unfortunate road traffic accident that occurred recently. Mr. Temporary Speaker, Sir, it is sad that year in, year out, this country goes through the same kind of misfortune, where healthy Kenyans die through road accidents. These are deaths that could have been avoided, and it is a very sad thing. It should speak to the conscience of every Kenyan that it is time we took serious steps towards stemming the road carnage we have continued to have in this country. Mr. Temporary Speaker, Sir, when one drives through our Kenyan roads, it is regrettable to note that from Nairobi to Kericho, for example, one will pass through no less than twenty-something roadblocks. However, the only business that our traffic police officers are good at is collecting bribes from our matatus, and not to enforce the traffic laws. It is sad, because this is something that happens as if it is legal in this country. Mr. Temporary Speaker, Sir, there was a time when the Ethics and Anti- Corruption Commission (EACC) used to try to arrest traffic police officers who were taking bribes from our matatus on the roads. However, what did the police do? They woke up one day and an administrative directive was passed where all traffic police officers started carrying guns – AK47s and G3s rifles – on the roads. If you have looked at the statistics for the last one year or so, the EACC has not come out to arrest traffic police officers who are taking bribes. Are we not sanitising the corruption that is The electronic version of the Senate Hansard Report is for information purposes

Hon. Senators, we have concluded your reactions on the Communication from the Chair. We will, therefore, proceed to the next Order.

Mr. Temporary Speaker, Sir, 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 maize sector in Kenya on Wednesday, 8th August, 2018; FURTHER AWARE that the Committee was required to table a Report to the Senate within 60 days from the date of establishment; CONCERNED that the duration accorded to the Committee will lapse on 13th October, 2018; 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 forty five (45) days to enable the Committee to conclude its work and table a report in the Senate. Mr. Temporary Speaker, Sir, this is a fairly straightforward and Procedural Motion. This House graciously allowed and set up an Ad hoc Committee on maize that has done tremendous work. The Committee has had public hearings in Trans Nzoia, Bungoma, Malaba, Busia, Eldoret, Kabiyet and Mosoriot in Nandi. The Committee has had many fruitful sittings and interactions with the management of the Kenya Ports Authority (KPA), through which the maize importations come. It has also visited border points through which maize comes from our neighbours. The Committee has met the Kenya Revenue Authority (KRA), which has given valuable information on the taxation structure on importation of cereals. The Committee has met the Cabinet Secretary for Agriculture, the Strategic Grain Reserve management and the National Cereals and Produce Board (NCPB) management. The Committee continues to discharge exemplarily well the work that this House gave it to do. Mr. Temporary Speaker, Sir, the time granted by the House is coming to an end before the Committee concludes its work. The Committee is due to visit Nyamira and Bomet on Monday next week. It is also undertaking more research to make sure that the recommendations given will not only fix the nightmare that this sector is going through, but also advise this House to undertake some legislative and regulatory framework. This The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir. I rise to second this Motion. As we are all aware, the larger population of this country relies on maize as their staple food. This Committee has done a fantastic job. We had an occasion to visit the large-scale maize farmers. We are meant to be in Nyamira County on Monday which is one of the counties that does maize farming in small-scale. It is good for us to hear the perspective of the small-scale farmers. Mr. Temporary Speaker, Sir, maize farming has been facing a number of challenges in that part of the country because of diseases and low maize prices. It is, therefore, important that we allow this Committee to have an opportunity to speak to the farmers in Nyamira, Bomet and other areas where this Committee has not had an opportunity to visit. Mr. Temporary Speaker, Sir, maize farming has been facing serious competition from maize that comes from the Common Market for Eastern and Southern Africa (COMESA) countries. I believe that if this House grants this extension, it will give us The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir for the opportunity you have accorded me to support this important Motion. I thank Sen. Wetangula for coming up with the Motion because it will allow the Committee to conclude its findings. This extension is important for them to conclude their findings and prepare an accurate report which will inform the direction the country will take with regard to solving the maize crisis. Therefore, I thank the Committee for seeking to extend its time. Mr. Temporary Speaker, Sir, I also thank the Committee for undertaking research with regards to the maize issue. I believe they will be able to identify any gap and suggest lasting solutions. As we debate this Motion, the farmers are pained because they still have the maize from their last year’s harvest in their stores. They have no market for their maize and they cannot consume it. These farmers have personal needs. They have children to pay fees for. They also have medical issues. Some of them have three, four or five wives. They rely on maize to take care of their families. Mr. Temporary Speaker, Sir, it is important for the Committee to be given more time to complete their work. I was happy with the public participation that the Committee conducted while we were in Eldoret. This country belongs to all of us. Public participation affirms that power belongs to the people and we must take their views on board. It was right for the public to vent their anger and frustrations concerning the maize issue. They were expressing themselves which is a constitutional right as provided for in Article 33. This helps us, legislators, to take our work seriously. We need to find out where we have gone wrong and where we need to intervene to encourage farmers in this country. Farmers contribute a lot to the wellbeing of our economy. Maize is a staple food in this country. If you visit most houses, you will find that people consume ugali regularly. Therefore, there is need for farmers to be protected. Mr. Temporary Speaker, Sir, one of the mandates of this Senate is to protect the common mwananchi. We need to protect our farmers because we need them to create employment for themselves, their children and neighbours. There are some people in the counties who rely on being farmhands to sustain their families. How does farming come in? It comes in to help them as farmhands. So, there is need to see how we can protect farmers in this country. As we speak, there is need to put in place policies to ensure that even if we talk of the Common Market for Eastern and Southern Africa (COMESA) and the fact that food is cheap, we have to know how to protect our farmers. We must start with our own by ensuring that farmers know where to take maize and other crops and that they are paid when they take them there. If this does not happen, the farmers will be crying. The electronic version of the Senate Hansard Report is for information purposes

Asante Bw. Spika wa Muda, kwa kunipa nafasi hii. Kwa uhakika wakulima wa mahindi katika nchi hii wanafaa kupewa heshima. Pia inafaa zile changa moto ambazo wanazipitia zichunguzwe. Magala yamejaa mahindi ya misimu iliyo pita. Nazungumza kwa uhakika kwa sababu natoka sehemu ambayo mahindi inakuzwa. Ukisafiri katika barabara za nchi hii, utakuta mahindi inamea kila sehemu hasa katika msimu wa mvua. Mahindi haya yanauzwa kando ya barabara, hayapati soko halisi. Wanaopanda haya mahindi wanataka kutumia wanachopata kugharamia mahitaji ya kinyumbani kama karo na kununua chakula. Mahindi ni chakula halisi ya Waafrika hasa Wakenya. Mahindi huliwa katika nyanja mbali mbali. Wengine huisaga na wengine hutengeneza Githeri. Tunafaa tuchunguze zile changamoto ambazo wakulima wa mahindi hupitia. Hakuna njia tunayoweza kujua hali yao bali inafaa tutumie Kamati hii ili ichunguze na ituletee Ripoti katika Seneti hii ili tuweze kutatua matatizo ya wakulima wa mahindi na swala la mahindi kukosa soko. Kamati hii imenadika na kusema wakati ambao ilipewa hautatosha kuleta habari kamili kuhusu wakulima wa mahindi. Ni kweli tunafaa kuwapatia nafasi ili waweze kutuandikia Ripoti ili tuijadili katika Seneti hii. Pia tunafa tusiwavunje wakulima wa mahindi moyo kwa sababu msimu mwingine wa mvua utaanza hivi karibuni na watu tayari wame jitayarisha kupanda mahindi. Natumaini Kamati itaandika Ripoti hiyo vizuri ili tuweze kutatua matatizo ya wakulima. Tukifanya hivyo, wenye kupanda mahindi watakuwa na moyo na wataweza kuendeleza ukuzaji wa mahindi. Bw. Spika wa Muda, naunga mkono Hoja hii ili Kamati hii ipewe nafasi zaidi ili watembee nchini na waweke matatizo yote katika Ripoti. Asante kwa kunipa fursa hii.

Thank you, Hon. Senators. I see no more requests. I will now request the Mover of the Motion to reply.

Thank you, Mr. Temporary Speaker, Sir. I thank the Members for supporting the Motion. I want to give a firm assurance to the House that this Committee will do a job that is commensurate with the expectations and status of this House. We will streamline the The electronic version of the Senate Hansard Report is for information purposes

Hon. Senators, this Motion of extension of time does not affect counties. I, therefore, proceed to put the question.

Let us move on to the next Order. ENFORCEMENT OF NATIONAL TRANSPORT AND SAFETY AUTHORITY (OPERATION OF MOTORCYCLE) REGULATIONS 2015 AWARE that the National Transport and Safety Authority (NTSA) is mandated to plan, manage and regulate the road transport system, while ensuring the provision of safe, reliable and efficient road transport services; FURTHER AWARE that motorcycle transport services have been rapidly embraced throughout the country, leading to several challenges including: rise in road accidents involving motorcycle riders, unlawfulness, insecurity and road congestion; COGNIZANT that the National Transport and Safety Authority (Operation of Motorcycles) Regulations that came into force on 1st January, 2016 have not adequately addressed the challenges associated with the high numbers of motorcycles as a mode of transport; NOW THEREFORE, the Senate resolves that the Ministry of Transport, Infrastructure, Housing and Urban Development- (1) Identifies strategies to enforce the National Transport and Safety Authority (Operation of Motorcycles) Regulations; (2) in collaboration with County Governments, develop programs to sensitize and educate members of boda boda associations and the public on the laws regulating motorcycle operations; (3) submits a report to the Senate within ninety(90) days outlining the short and long term strategies and preventative measures that are being put in place to halt the rising cases of road carnage involving motorcycle riders.

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Hon. Senators, Order No. 10 on Enforcement of National Transport and Safety Authority (Operation of Motorcycle) Regulations 2015 is deferred.

Let us move on to the next Order. IMPROVEMENT OF KENYA’S RANKING IN WORLD TRAVEL AND TOURISM COMPETITIVENESS THAT, AWARE that the Ministry of Tourism have developed and published the Kenya National Tourism Blueprint 2030 in May 2017; FURTHER AWARE that Kenya Tourism Agenda 2018-2022, launched in April 2018, establishes the foundation for the National Tourism Blueprint 2030 and is the tool for initiating the components of the Blue Print; ALSO AWARE that the contribution of travel and tourism to Kenyan GDP stood at 9.7 per cent in 2017, up from the 9.3 per cent previous year; COGNIZANT that in the next 10 years every industry will be changed by technology; ALSO AWARE that Kenya Tourism Board has partnered with

, Safaricom, Kenya Wildlife Service and Tourism Finance Corporation to create new digital content for local tourism; CONCERNED that Kenya tourism industry’s potential is underutilized; AWARE that Kenya’s position in World Economic Forum’s Travel and Tourism Competitiveness Index Ranking is 80 out of 136 in 2017, having improved by 2 points from 2015, while having currently the lowest score in cultural resources and business travel with 1.6 points out of 7; FURTHER CONCERNED that majority of the solutions proposed by the tourism agenda are brick and mortar type and not addressing the trends; noting that in less than two years, the share of online booking globally has grown from 9 per cent to almost 33 per cent and the lucrative and fast-growing segment of business tourism; ALSO CONCERNED that Kenya will continue to attract only beach and park type tourists ignoring the large number of conference and business travellers, who largely never leave Nairobi and are offered minimal exposure to Kenya; NOW THEREFORE, the Senate calls upon the Ministry of Tourism to approach tourism sector with modern innovation and implement tangible, measurable and impactful solutions, resulting in The electronic version of the Senate Hansard Report is for information purposes

Sen. Olekina, you have ten minutes as your balance of time to reply. You can now proceed.

Mr. Temporary Speaker, Sir, before I reply, considering the importance of this matter, I wish to donate a few of my minutes to Sen. M. Kajwang' and my good friend Sen. (Dr.) Musuruve. I will donate three minutes to each and I beg that you allow me one minute to reply.

So you will have one minute to reply?

Yes, and if there will be nobody in the House, I will talk until the end.

Okay, let us have Sen. M. Kajwang'.

Mr. Temporary Speaker, Sir, I wish to appreciate the benevolence of Sen. Olekina who has sponsored this Motion, which is the kind of stuff that we should be discussing in this Senate. I support this Motion. I also take note that Kenya’s position in the world economic forum travel and tourism competitiveness index is 80 out of 136. That is not something we need to be proud of yet tourism contributes about 90 per cent of our Gross Domestic Product (GDP). That is even bigger than what the insurance industry contributes to the GDP because the insurance sector is just about 2 per cent of the GDP. This means that we must do everything to improve Kenya’s position. The Mover of the Motion has cited technology as one of those things that can help us to improve this ranking. Whenever we travel to other countries, you will find most often Members using online tools like Booking.com to identify their accommodation or Airbnb. All these are online tools that have grown by leaps and bounds because they offer some relevance to the people that use them. I urge the Kenya Tourism Board (KTB), in pursuit of improvement of that index, that an investment in technology will not be wasted and it will help our country to be much more visible. It will also help to profile a lot of our cultural heritage and sites. The other day I found a young man working for the KTB at the airport. He was sitting there with booklets, pamphlets and giveaways. When you look at them, they are all about images of the Maasai Mara and our coast. In some countries like Australia, for example, when you go to Gold Coast which is in eastern Australia, they have much more wonderful beaches than we have here in Kenya. We must change the narrative. If we want tourists to come here, we must offer more than sand and the Sun because there are countries that have these. In my mind, there are certain things that are unique to Kenya. In my home County of Homa Bay, in Ruma National Park, we have an antelope that is found nowhere else in The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, thank you for giving me an opportunity to contribute to this Motion. I want to start by congratulating Sen. Olekina for coming up with this important Motion. Why I support him is because tourism is a major sector that can generate income for the whole nation. In Nepal, between 2009 and 2011, tourism was a major sector that was generating income for that country. So, this is an industry that we need to nurture and see how to improve so that it works for this country. Tourism has a wide range of scope. It involves the air travels, coaches, trains and all that. It also involves the lodgings that tourists stay in, the restaurants that they use and all that. So, it has a wide scope which has to be improved. The electronic version of the Senate Hansard Report is for information purposes

Sen. (Dr.) Musuruve, you are just being alerted. Your time is not over. You have two minutes to conclude your contribution.

What I would say is that tourism is an income-generating sector that needs to be harnessed. It creates employment even for our children and our people. So, it is a sector that needs to be improved. There is need for the industry to embrace technology. We are living in a paperless society. There is need to have web designers who can design on tourism issues and the hotels that are there and all that. There is also need for us to ensure that we protect the industry so that it becomes more stable. The industry is stable because tourists come without us exporting anything. They just come and bring money thus generating revenue for our economy. So, there is need for the Government to work with private companies in order to ensure that the sector improves. With those few remarks, I support.

Asante, Bw. Spika wa Muda, kwa kunipa nafasi nyingine tena. Nampongeza rafiki yangu, Sen. Olekina, kwa kuleta Hoja hii mbele ya Seneti. Hakika, tunafaa kuukuza utalii ndani ya Kenya. Kuna mambo mengi maridadi yaliyo mafichoni humu Kenya, ambayo tunafaa kuyatoa nje ili kuvutia watu wengi. Kwa hakika, hakuna kaunti ambayo haina mambo mazuri ya kitalii, lakini mengi ya hayo yako mafichoni. Bw. Spika wa Muda, tunafaa tubadilishe mtazamo wetu kuhusu utalii, kwa sababu sisi tunafikiria kwamba watalii ni wale wanaotoka nchi za nje kuja hapa peke yao. Mambo mengi mazuri ya utalii yako ndani yetu, kwa mfano, jinsi Waafrika tofauti wanavyoishi na mambo mengine mengi. Vijana waliozaliwa nyakati hizi za tarakilishi hawafahamu mambo mengi katika kaunti zao. Wengi wao hata wamesahau lugha ya mama. Tukirudi katika kaunti zetu, tutaona mambo mengi ambayo tunaweza kuyaweka nje ili kuwavutia utalii. Kwa sababu hiyo, tunatakikana kugeuza mtazamo wetu kuhusu utalii, ambapo tunafikiria watalii ni Wazungu peke yao wakija katika sehemu hizi ili kuangalia mambo yetu hapa. Lakini hata sisi pia, kama Waafrika, tunaweza kukuza utalii wetu. Bw. Spika wa Muda, ukienda maeneo ya bahari, ambako watu wanapenda kwenda, watalii wengi walio huko kwa wingi sio Wazungu vile tunavyofikiria, bali ni watalii wa hapa nyumbani. Kwa sababu hiyo, tunapasa kuukumbatia, kuukuza na pia kuunga mkono utalii wetu. Hii ndio sababu nimechukua fursa hii ili kuunga mkono Hoja hii. The electronic version of the Senate Hansard Report is for information purposes

I call upon the Mover, Sen. Olekina, to reply.

I thank you once again, Mr. Temporary Speaker, Sir. From the outset, I thank my colleagues, the distinguished Senators, who contributed immensely to this very important Motion of trying to use technology to increase opportunities that can be harnessed to build this economy. Mr. Temporary Speaker, Sir, since yesterday, when we began discussing this Motion, Sen. Sakaja spoke heavily about what happens with the talent relating to the use of technology that we have in this country. I thank him for pointing out that there is a hub that focuses on building tools. If the Ministry of Tourism; and it has now been reiterated by Sen. Kajwang;’ and the Kenya Tourism Board (KTB), can tap into this talent that we have locally, we can then move away from the traditional land and sea tourist opportunities. Mr. Temporary Speaker, Sir, there is a lot in Samburu County, where you come from, that tourists can learn about. Using this location-based data analytics, it can help us to tap into these tourists who come here and who are interested in not only going to my county to see the wild animals – which I love and want them to come more – but also our culture. Leaving that money locally is very important. One of the things that all Senators have spoken about is that we are really underutilizing our opportunities and resources that we have in this country. It is time that, because of all these levels of unemployment--- I agree entirely with Sen. Dullo when she stated that it is imperative that we now start including tourism as part of our curriculum as a course at an early level. That way, when these children are growing up, they can particularly use this new technology of location-based data analytics, which is raw. That technology helps you to improve more on your business. In terms of tourism in this country, we have to look at it as a business. Mr. Temporary Speaker, Sir, when you look at Kajiado, Samburu, Homa Bay and every part of this country, there are certain aspects of culture that can be used to increase revenue. When a tourist lands in this country, we should not only be giving them an opportunity to see our wildlife and beautiful beaches and forego tapping into their interest. When they come here, particularly the young children who are in school in the United States of America (USA) – and who come here for the summer holidays – they are interested in community development and environmental issues. Mr. Temporary Speaker, Sir, climate change is becoming problematic. All the Senators who contributed to this matter raised concerns that unless we now diversify, then the tourists coming in will not be of any good use to us. It is embarrassing that as we currently stand, we are listed as number 80 out 136, yet we have 43 different ethnic groups in this country that tourists can tap into. Yesterday, Sen. Halake talked about looking at these tourists as a way to help counties increase their revenue collection. I could not agree with her more. It is important that with these correct tools – all of them technology – all these counties can now carry out their skills and say, “with all the tourists coming here, we have community development here.” Today is the International Day of the Girl Child. There are women The electronic version of the Senate Hansard Report is for information purposes

Hon. Senators, I have established that this Motion does not affect counties. I will now proceed to put the question. The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I beg to move the following Motion- THAT, AWARE that Article 43 (f) of the Constitution stipulates that every person has a right to education; FURTHER AWARE that Kenya is among the State Parties that ratified the United Nations Convention on the Rights of Persons with Disabilities in which the parties undertook to ensure that Persons with disabilities are not excluded from the general education system and that The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to Second the Motion by my friend, Sen. (Dr.) Musuruve. Mr. Temporary Speaker, Sir, language learning and acquisition takes place effectively in early childhood. Children with disabilities have a right to learn English. This is because all subjects are taught in English and, therefore, people with special needs should be taught English so that they can conform to the curriculum of this country. Mr. Temporary Speaker, Sir, English language is largely taught internationally. The disabled people are among the international communities and, therefore, it is good for them to be taught English so that they are not left behind. Colleges and Universities use English in all subjects and, therefore, we need to also teach English to our disabled people so that we move together with them That is why the Ministry of Education should set aside a kitty for the development of English in schools. The county governments should also allocate funds to cater for the special needs of the disabled people. This includes the Braille equipment which can be used in classrooms. If this kitty is set aside, be it by the national Government or the county governments, it will enable these people to get the special equipment that they use in their learning. Mr. Temporary Speaker, Sir, I beg to second the Motion.

Mr. Temporary Speaker, Sir, once again, I thank you for giving me this opportunity. I rise to support the Motion by the distinguished Sen. (Dr.) Musuruve. From the outset, I have to say that I am very impressed with her presentation and passion for the People with Disabilities (PWDs) in this country. It is time that every Kenyan, educator and leader out there should take cognizance of the fact that they do have, in this Senate, someone who cares about the PWDs. I congratulate her for coming up with this Motion. Mr. Temporary Speaker, Sir, the issue of disability is something that is completely ignored in this country. It is not only about the children who have difficulties in hearing or seeing, but it also ranges into other areas that can render a child completely – I do not want to use the term useless- disabled in a way that they cannot express themselves by speaking or writing. Others cannot comprehend what they are being taught. Mr. Temporary Speaker, Sir, we have a lot of challenges on issues of dyslexia, for instance. I speak on this out of experience because my friend was diagnosed with dyslexia, but I could not believe it. I also know someone else who is very dear to me who was diagnosed with another form of disability. The most important thing is that the Ministry of Education ought to accept and appreciate the fact that there are people who The electronic version of the Senate Hansard Report is for information purposes

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the House. The Senate, therefore, stands adjourned until Tuesday, 16th 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