Senate Majority Leader, please proceed.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today Thursday,14th February, 2019-

Senate Majority Leader, you have more papers. You can approach me.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today Thursday,14th February, 2019-

Order, Senators. I have a Communication to make. As you may be aware, Section 25 of the Public Finance Management Act requires the National Treasury to prepare and submit the Budget Policy Statement to Parliament by the 15th February each year. In this regard, by a letter Reference Number Conf/MOF83/02TY.5/(86) dated 14th February, 2019 and received in the Office of the Clerk on 14th February, 2019, the Principal Secretary for the National Treasury submitted the following documents for consideration and approval by Parliament- (a) The Budget Policy Statement, 2019; (b) The Medium Term Debt Management Strategy, 2019; (c) The Draft Division of Revenue Bill, 2019; and, (d) The Draft County Allocation of Revenue Bill, 2019. Consequently, Hon. Senators, I will allow the Chairperson of the Standing Committee on Finance, Commerce and Budget to formally table these documents. Hon. Senators, the Budget Policy Statement is an important tool as it sets out the broad strategic priorities and policy goals that will guide the national Government and county governments in preparing their budgets both for the following Financial Year and over the medium term. It contains, among other things- (i) an assessment of the current state of the economy and the financial outlook over the medium term, including the macro-economic forecasts; (ii) the financial outlook with respect to Government revenues, expenditures and borrowing for the next financial year and over the medium term; (iii) the proposed expenditure limits for the national government, including those of Parliament and the Judiciary, and indicative transfers to county governments; and (iv) the fiscal responsibility principles and financial objectives over the medium term, including limits on total annual debt. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

In a nutshell, it means that any proposal that Senators have regarding the Division of Revenue Bill and the County Allocation of Revenue Bill, including funds for conditional allocations to the counties should be canvassed and forwarded to the National Treasury for possible factoring in the Budget Policy Statement, failure to which it will be difficult for changes to be accommodated later. Hon. Senators, Section 25(7) of the Public Finance Management Act provides as follows- “Parliament shall, not later than fourteen days after the Budget Policy Statement is submitted to Parliament, table and discuss a report containing its recommendations and pass a resolution to adopt it with or without amendments.” Based on the importance of the Budget Policy Statement and the above timelines, I direct that once tabled, the Budget Policy Statement be considered by all Standing Committees, each concentrating on its mandate. The Standing Committees will then forward their recommendations to the Standing Committee on Finance, Commerce and Budget for consolidation and tabling of the report not later than Tuesday, 26th February, 2019. The Senate should then debate and conclude the report by Thursday, 28th February, 2019. Please note that pursuant to Section 25(8) of the Public Finance Management Act, the Cabinet Secretary of the National Treasury is expected to take into account resolutions passed by Parliament in finalizing the budget for the relevant Financial Year. Hon. Senators, I therefore urge you all to prioritize the scrutiny of the Budget Policy Statement, taking into consideration our most important function of safeguarding devolution. I thank you.

Order, Hon. Senators! I would like to inform the House that the documents had already been tabled by the Senate Majority Leader. However, note that the date for submitting the report has been changed to Tuesday, 26th February and not Wednesday, as had been communicated earlier.

Let us move on to the next Order.

Mr. Speaker, Sir, I beg to give notice of the following Motion- THAT, this House adopts The Report of the Ad-hoc Committee on the Maize crisis in Kenya laid on the Table of the House on Tuesday, 27th November, 2018.

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Hon. Senators, for the convenience of the Senate, we shall re-arrange the sequence of our business. Therefore, we shall proceed first with Order Nos.10 to 14 and thereafter proceed with the rest of the business in the order in which it appears on the Order Paper.

Next Order.

(Sen. (Prof.) Kamar): Order, Hon. Members. We want to start. We are ready to begin with The Petroleum Bill (National Assembly Bills No.48). The amendments will be led by Sen. Olekina. We had reached new Clause 13A. We proceed to new Clause 13B. Sen. Olekina, proceed.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clauses immediately after clause 13 –

Establishment of the 13A. (1) There is established the Petroleum Regulatory Petroleum Regulatory Authority. Authority. (2) The Authority is a body corporate with perpetual succession and a common seal and shall be capable of— (a) suing and being sued; The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; (c) borrowing and lending money; and (d) doing or performing all other things or acts for the furtherance of the provisions of the Act which may be lawfully done or performed by a body corporate. (3) Except as otherwise provided in this Act, the Authority shall be independent in the performance of its functions and exercise of its powers and shall not be subject to the direction or control of any person or authority.

I second.

(Sen. (Prof.) Kamar): Hon. Members, the Division will be done at the end.

(Sen. (Prof.) Kamar): Mover, proceed.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clauses immediately after clause 13 –

Functions of the

Madam Temporary Chairperson, I second.

(Sen. (Prof.) Kamar): Hon. Senators, Division will come at the end.

(Sen. (Prof.) Kamar): Mover.

Madam Temporary Chairperson, I beg to move-

THAT the Bill be amended by inserting the following new Clause immediately after Clause 13 –

Powers of the Authority. 13C. (1) The Authority shall have all powers necessary or The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

expedient for the performance of its functions under this Act and in particular, the Authority shall have the power to— (a) ensure that contractors uphold the relevant laws, regulations and petroleum agreement terms; (b) ensure optimal levels of recovery of petroleum resources; (c) promote well planned, executed and cost-efficient operations; (d) ensure optimal utilization of existing and planned facilities; (e) ensure the establishment of a central database of persons involved in upstream petroleum operations; (f) manage upstream petroleum data and provide periodic updates and publication of the status of upstream petroleum operations (g) take such action as is necessary to enforce the requirements in a petroleum agreement or any regulations and to protect the environment, the health and safety of workers and the public; (h) ensure and facilitate competition, access and utilization of facilities by third parties; (i) prescribe the form and manner in which any application for any authority, consent or approval under this Act shall be made; (j) investigate complaints or disputes arising from upstream petroleum operations; (k) enter, inspect and search any premises at which any undertaking is carried out or an offence under this Act is being committed or is suspected to have been committed; (l) issue orders either requiring acts or things to be performed or done, prohibiting acts or things from being performed or done, and may prescribe periods or dates upon, within or before which such acts or things shall be performed or done or such conditions shall be fulfilled in furtherance of its powers under this Act; (m) impose such sanctions and civil fines not exceeding five hundred thousand shillings per violation per day, as may be prescribed in regulations to secure compliance with orders issued under this Act; (n) enforce local content requirements; (o) issue operational permits and non-exclusive exploration The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

permits in accordance with this Act; and (p) ensure enforcement and compliance with the national values and principles. (2) The Director Public Prosecutions may, on the request of the Authority, appoint any officer of the Authority or an advocate of the High Court to be a public prosecutor for the purposes of prosecuting offences under this Act.

Madam Temporary Chairperson, I second.

(Sen. (Prof.) Kamar): Hon. Senators, Division will come at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clauses immediately after Clause 13- Board of Directors of the Authority.

Madam Temporary Chairperson, I second.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Terms of office of the chairperson and members of the Board.

Madam Temporary Chairperson, I beg to second.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Gender, regional and ethnic balance.

Madam Temporary Chairperson, I beg to second.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after Clause 13-

Conduct of business of the Board.

Madam Temporary Chairperson, I beg to second.

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(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by inserting the following new clauses immediately after clause 13- Vacancies in the Board.

Madam Temporary Chairperson, I second.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

THAT the Bill be amended by inserting the following new clause immediately after clause 13- Removal of chairperson or a member of the Board.

Madam Temporary Chairperson, I beg to second.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Director- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

General.

Madam Temporary Chairperson, I beg to second.

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(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13-

Removal from office of Director- General.

Madam Temporary Chairperson, I second.

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

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Staff of the Authority.

Madam Temporary Chairperson, I beg to second.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Remuneration of the members of the Board.

Madam Temporary Chairperson, I second.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Protection from personal liability.

Madam Temporary Chairperson, I beg to second.

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

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13-

Funds of The Authority.

Madam Temporary Chairperson, I beg to second.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 13-

Investment of funds of the Authority.

Madam Temporary Chairperson, I second.

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

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 13- Financial year.

Madam Temporary Chairperson, I second.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 13- Annual estimates.

Madam Temporary Chairperson, I second.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Chairperson, I beg to move that the Bill be amended by inserting the following new clause immediately after Clause 13-

Annual Report

I request Sen. Pareno to second.

seconded.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Accounts and Audit

I request Sen. (Dr.) Musuruve to second.

seconded.

(Sen. (Prof.) Kamar): Division will be at the end.

, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13-

Delegation of powers or functions to committees or agents

I request Sen. (Dr.) Musuruve to second.

seconded.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Chairperson, I beg to move-

THAT the Bill be amended by inserting the following new clause immediately after Clause 13-

I request Sen. Outa to second.

seconded.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I request Sen. (Dr.) Zani to second.

seconded.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- 1

I request Sen. Mutula Kilonzo Jnr. to second.

seconded.

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(Sen. (Prof.) Kamar): Division will be at the end.

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- National Data Centre

I request Sen. Mutula Kilonzo Jnr. to second.

seconded.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Decisions of the Authority

I request Sen. Mutula Kilonzo Jnr. to second.

seconded.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Appeal against decision of the Authority

I request Sen. Mutula Kilonzo Jnr. to second.

seconded.

(Sen. (Prof.) Kamar): Division will be at the end.

Madam Chairperson, I beg to move-

THAT the Bill be amended by inserting the following new clause immediately after Clause 13-

The common seal of the Authority.

I request Sen. Were to second. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

seconded.

(Sen. (Prof.) Kamar): Division will be at the end. Hon. Senators we have received some amendments which are being circulated and may actually be before you, from Sen. Mutula Kilonzo Jnr. we would like him to move them now. Sen. Olekina can resume his seat and then he will come back to complete the rest.

Madam Chairperson, I beg to move- THAT Clause 18 of the Bill be amended by- deleting sub-clause (1) and substituting therefor the following new sub- clause– (1) Subject to section 23, the Cabinet Secretary shall negotiate, award and execute a petroleum agreement on behalf of the national government.

Madam Chairperson, I beg to move - THAT clause 117 of the Bill be amended by:- deleting sub-clause (1) and substituting therefor the following new sub-clauses– (1) Where there is a dispute between parties to a petroleum

agreement arising out of or in connection with upstream

operations, the dispute shall be settled through arbitration.

(2) Unless otherwise provided for in the petroleum agreement, the parties shall appoint three arbitrators to determine the dispute as

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

(a) each party shall appoint one arbitrator; and (b) the arbitrators appointed under paragraph (a) shall, within thirty days of their appointment, jointly appoint an arbitrator who shall preside over the arbitration. a. Where a party fails to appoint an arbitrator within thirty days of receipt of a request to do so from the other party, or where the arbitrators appointed by the parties fail to appoint an arbitrator within thirty days of their appointment, the appointment shall be made, on the request of a party, by the Registrar of the Nairobi Centre for International Arbitration and any award, order or determination of or by such arbitrators shall be final and binding on all parties. b. The dispute referred to the arbitrators appointed by the Registrar under subsection (1) shall be administered in accordance with the Rules for arbitration of the Nairobi Centre for International Arbitration.

(Sen. (Prof.) Kamar): Division will be at the end.

(Sen. (Prof.) Kamar): Division will be at the end.

Thank you, Madam Temporary Chairperson. I propose to move- THAT the Second Schedule be amended by deleting paragraph 53 and substituting therefor the following new paragraph - 53. Dispute resolution (1) Where there is a dispute between parties to a petroleum agreement arising out of or in connection with upstream operations, the dispute shall be settled through arbitration. (2) Unless otherwise provided for in the petroleum agreement, the parties shall appoint three arbitrators to determine the dispute as follows- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(c) each party shall appoint one arbitrator; and (d) the arbitrators appointed under paragraph (a) shall, within thirty days of their appointment, jointly appoint an arbitrator who shall preside over the arbitration. (3) Where a party fails to appoint an arbitrator within thirty days of receipt of a request to do so from the other party, or where the arbitrators appointed by the parties fail to appoint an arbitrator within thirty days of their appointment, the appointment shall be made, on the request of a party, by the Registrar of the Nairobi Centre for International Arbitration and any award, order or determination of or by such arbitrators shall be final and binding on all parties. (4) The dispute referred to the arbitrators appointed by the Registrar under subsection (1) shall be administered in accordance with the Rules for arbitration of the Nairobi Centre for International Arbitration. (5) In the arbitration proceedings, (a) the place of arbitration proceedings shall be Nairobi, Kenya; (b) the language used for the proceedings shall be English language; (c) the applicable laws shall be the laws of the Republic of Kenya, and the provisions of this contract shall be interpreted in, accordance with those laws; (d) each party shall bear its own legal fees but the costs of the arbitral tribunal shall be borne by the parties in such manner as the arbitral tribunal shall determine; (e) the costs of the sole expert shall be borne equally by both parties; (f) the costs incurred in arbitration shall be recoverable costs and shall be borne by the parties in such manner as the arbitral tribunal shall determine or in accordance with the applicable arbitral rules; and (g) the parties shall continue to perform their, respective obligations under the contract during any sole expert or arbitration proceedings. (6) The right to, arbitrate differences or disputes arising out of this contract shall survive the termination of this contract.

(Sen. (Prof.) Kamar): Division will be at the end.

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Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new Schedule immediately before the Schedule –

Madam Temporary Chairperson, I second.

(Sen. (Prof.) Kamar): Division will be at the end.

Thank you, Madam Temporary Chairperson. I beg to move- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

THAT Clause 2 of the Bill be amended by inserting the following new definition immediately after the definition of the term “Ministry” – “Nairobi Centre for International Arbitration” means the National Centre for International Arbitration established under section 4 of the Nairobi Centre for International Arbitration Act.

(Sen. (Prof.) Kamar): Division will be at the end.

(Sen. (Prof.) Kamar): Division will be at the end. Could we hear from the Senate Majority Leader?

(Sen. (Prof.) Kamar): Order Hon. Members. Could we hear from the Senate Majority Leader, who is the Mover?

Madam Temporary Chairperson, I beg to move that the Committee do report progress to the Senate on its consideration of the Petroleum Bill (National Assembly Bills No. 48 of 2017), and seeks leave to sit again tomorrow.

seconded.

(Sen. (Prof.) Kamar): Hon. Members, we shall move to the next Bill for us to go for Division for all the Bills.

(Sen. (Prof.) Kamar): Hon. Members, we are now moving to the next Bill which is The Kenya Roads Bill (National Assembly Bills No. 47 of 2017) and we received amendments on time from Sen. Kasanga. We want her to come and move the amendments.

The clauses will be read to you one by one.

Madam Temporary Chairperson, I beg to move: THAT Clause 4 be amended by inserting the words “and a county roads agency” immediately after the words “an Authority”.

Madam Temporary Chairperson, I beg to move- THAT Clause 83 be amended– (a) in sub-clause (1) by (i) inserting the words “pedestrians, or” immediately after the words “for the benefit of the”. (ii) inserting the following words “including pavements, footpaths and footbridges” immediately after the words “or other works as” in paragraph (a). (b) by inserting the following new sub-clause immediately after sub-clause (1) (1A) Where a responsible body, immediately before the commencement of this Act, constructed a road without such accommodation works under sub-section (1), an Authority or a county roads agency shall, within a period of twenty four months, construct such accommodation works as are necessary for the benefit or convenience of pedestrians, or the owners and occupiers of lands adjoining those on which a road is constructed.

Madam Temporary Chairperson, I beg to move- THAT Clause 85 be amended in paragraph (f) by inserting the words “pavement, footpath or footbridge” immediately after the words “parking area”. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Chairperson, I beg to move- THAT Clause 98 be amended– (a) in sub-clause (2) by inserting the following new paragraph immediately after paragraph (f) – (fa) size, standards and use of pavements, footpaths and footbridges, including measures as are necessary to make such accommodation works fit for use by persons living with disabilities and cyclists; (b) by inserting the following new sub-clause immediately after sub-clause (4) – (4A) Despite sub-section (4), a county roads agency may, where it is not practicable to comply with uniformity and national standards in construction and use of roads or accommodation works, enact and implement such county legislation, policy, standards and guidelines as may be necessary.

Madam Temporary Chairperson, I beg to move- THAT Clause 100 be amended – (a) in sub-clause (2) – (i) by inserting the following new paragraph immediately after paragraph (b) (ba) constructing, upgrading, rehabilitating and maintaining accommodation works such pavements, footpaths or footbridges as are necessary for the benefit of convenience of pedestrians, or the owners and occupiers of lands adjoining those on which the road is constructed; (ii) by deleting the words “county government” appearing at the end of paragraph (f) and substituting therefor the words “national government”. (b) in sub-clause (3) by inserting the words “and accommodation works” immediately after the words “county roads”.

Madam Temporary Chairperson, pursuant to Standing Order No.142, I beg to move that the Committee do The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

report progress on its consideration of The Kenya Roads Bill (National Assembly Bills No.47 of 2017) and seek leave to sit again tomorrow.

(Sen. (Prof.) Kamar): Hon. Members, we will go to Division and vote on the Orders as they appear on the Order Paper. We will start with The Physical Planning Bill (National Assembly Bills No.34 of 2017), which is Order No.10. Then, we will vote on Order Nos.11, 12, 13 and 14.

May I now order that the Division Bell be rung for five minutes?

(Sen. (Prof.) Kamar): Hon. Senators, please, resume your seats. I now order that the Bar be drawn and the door closed.

Hon. Senators, please, move to your positions because we are about to begin.

Hon. Senators, can you log in now?

We have.

(Sen. (Prof.) Kamar): You can re-log in so that we are sure.

Hon. Senators, order! You can now start voting.

Hon. Senators, the result of the voting are as follows:

Hon. Senators, the result of the voting are as follows-

Hon. Senators, the result of the voting are as follows-

(Sen. (Prof.) Kamar): Order, Members. The results of the voting are as follows-

(Sen. (Prof.) Kamar): Order, Members. The results of the voting are as follows-

(Sen. (Prof.) Kamar): Order, Members. The results of the voting are as follows-

(Sen. (Prof.) Kamar): That brings to the end The Land Value Index Laws (Amendment) Bill National Assembly Bills No. 34 of 2017. We will move to the Kenya Roads Bill (National Assembly Bills No. 47 of 2017).

(Sen. (Prof.) Kamar): Order, Members. The results of the voting are as follows-

(Sen. (Prof.) Kamar): Order, Members. The results of the voting are as follows-

Sen. Prof. Kamar)

Madam Temporary Chairperson, we have consulted with the Senate Minority Leader regarding the Energy Bill (National Assembly Bills No. 50 of 2017) and the Petroleum Bill (National Assembly Bills No. 48 of 2017). We are requesting your kind office and your kindness to indulge us to continue on further consultations regarding the amendments that have been proposed so that it can be put for voting in the next available opportunity after consultations.

Sen. (Prof.) Kamar)

Sen. (Prof.) Kamar)

Madam Temporary Chairperson, I beg to move that the Committee do report progress to the Senate on its consideration of the Physical Planning Bill (National Assembly Bills No.34 of 2017) and it is approval thereof with amendments.

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

Sen. (Prof.) Kamar)

Madam Temporary Chairperson, I beg to move that the Committee do report progress to the Senate its consideration of the Land Value Index Laws (Amendment) Bill (National Assembly Bills No. 3 of 2018) and it is approval thereof with amendments.

Sen. (Prof.) Kamar)

Madam Temporary Chairperson, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Kenya Roads Bill (National Assembly Bill No.47 of 2017) and its approval thereof with amendments.

Madam Temporary Chairperson, pursuant to Standing Order No. 14(2) I beg to move that the Committee of the Whole reports progress on its consideration of the Energy Bill (National Assembly Bills No. 50 of 2017) and seeks leave to sit again tomorrow. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Chairperson, pursuant to Standing Order No. 14(2) I beg to move that the Committee of the Whole reports progress on its consideration of the Petroleum Bill (National Assembly Bill No.48 of 2017) and seeks leave to sit again tomorrow.

Sen. (Prof.) Kamar): Hon. Senators, we are now done.

Sen. Lelegwe: Order, Hon. Senators. We are now reporting on the Physical Planning Bill (National Assembly Bill No. 34 of 2017). Let us have the Chairperson, Committee of the Whole.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Physical Planning Bill (National Assembly Bills No.34 of 2017) and its approval thereof with amendments. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee of the Whole on the said Report and ask the Senate Minority Leader to second.

Mr. Temporary Speaker, Sir, I beg to second.

Sen. Lelegwe: Mover, proceed.

Mr. Temporary Speaker, Sir, I beg to move that the Physical Planning Bill (National Assembly Bills No. 34 of 2017) be now read a Third Time.

Mr. Temporary Speaker, Sir, I beg to second.

Sen. Lelegwe: Division will be done later. Hon. Senators, we are now reporting on the Land Value Index Bill (Amendment) Bill (National Assembly Bills No. 3 of 2018). Let us have the Chairperson, Committee of the Whole.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Land Value Index Laws (Amendment) Bill (National Assembly Bills No. 3 of 2018) and its approval thereof with amendments.

Sen. Lelegwe: Mover, proceed.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee of the Whole on the said Report and ask the Senate Minority Leader to second.

Mr. Temporary Speaker, Sir, I beg to second although he should be using the word “doth agree”.

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

Mr. Temporary Speaker, Sir, I beg to move that The Land Value Index Laws (Amendment) Bill (National Assembly Bills No. 3 of 2018) be now read a Third Time. I ask the Senate Minority Leader to second.

Mr. Temporary Speaker, Sir, I beg to second.

The Division will come later.

Hon. Senators, we will now report on The Kenya Roads Bill (National Assembly Bills No.47 of 2017).

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Kenya Roads Bill (National Assembly Bills No.47 of 2017) and its approval thereof with amendments.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee of the Whole on the said Report. I ask the Senate Minority Leader to Second.

Mr. Temporary Speaker, Sir, I do second.

Mr. Temporary Speaker, I beg to move that The Kenya Roads Bill (National Assembly Bills No.47 of 2017) be now read a Third Time. I ask the Senate Minority Leader to second.

Mr. Temporary Speaker Sir, I beg to Second.

The Division will come later.

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

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered The Energy Bill(National Assembly No.50 of 2017) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, I beg to move that the House do agree with the Committee of the Whole on the said Report. I ask the Senate Minority Leader to second.

Mr. Temporary Speaker, Sir, I beg to Second.

Hon. Senators, we will now report progress on The Petroleum Bill (National Assembly Bills No.48 of 2017).

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered The Petroleum Bill(National Assembly Bills No.48 of 2017) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said Report. I ask the Senate Minority Leader to second.

Mr. Temporary Speaker, Sir, I beg to second.

Order, hon. Senators! I order that the Division Bell be rung for one minute.

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We will vote on The Physical Planning Bill (National Assembly Bills No.34 of 2017), The Land Value Index Laws (Amendment) Bill (National Assembly Bills No.3 of 2018) and The Kenya Roads Bill (National Assembly Bills No.47 of 2017). I order the doors to be closed and the Bars drawn

Hon. Senators, I put the Question, that The Physical Planning Bill (National Assembly Bills No.34 of 2017) be now read a Third Time. You may start voting now.

Order, Hon. Senators. Could Sen. Kang’ata approach the Clerks-at-the Table?

Hon. Senators, before we announce the results for the Physical Planning Bill (National Assembly Bills No. 34 of 2017), we will move to the next two Bills then we will announce the results later.

Could Senator of Tana River County approach the Clerks-at-the Table?

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

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

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

I now order that the doors be opened and the Bar be drawn.

(Sen. (Prof.) Kamar): Order Members! Thank you, you may now take your seats.

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(Sen. (Prof.) Kamar): Order, Members! Please consult in low tones. After consultations we are going to Order No.16 then we come back to Order No.15. Order No. 16 is on the Public Private Partnerships (Amendment) Bill (National Assembly Bills No. 52 of 2017).

(Sen. (Prof.) Kamar): The Division will come at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting clause 7.

(Sen. (Prof.) Kamar): We did not hear you. Please, use the microphone again.

Sorry, I missed

(Sen. (Prof.) Kamar): Okay, the microphone is back.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting Clause 7

(Sen. (Prof.) Kamar): The Division will come at the end.

Madam Temporary Chairperson, I beg to move- THAT clause 8 of the Bill be amended- (a) in paragraph (a) by deleting the words “county government” appearing immediately after the words “approval by the” in the proposed new proviso and substituting therefor the words “county assembly committee” instead of “county executive committee” (b) by inserting the following new paragraph immediately after paragraph (b)- (c) in subsection (3) by inserting the words “in consultation with the Council of County Governors” immediately after the words “the Cabinet Secretary shall”. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Chair, we take it that you are moving the amendment in the new amended form?

Yes, Madam Temporary Chairperson.

(Sen. (Prof.) Kamar): Okay.

(Sen. (Prof.) Kamar): The Division will come at the end.

(Sen. (Prof.) Kamar): The Division will come at the end.

Madam Temporary Chairperson, I beg to move- THAT Clause 12 of the Bill be amended in the proposed new subsection (1) by deleting the words “in consistence” appearing immediately after the words “this Act and” and substituting therefor the word “consistent”.

(Sen. (Prof.) Kamar): The Division will come at the end.

(Sen. (Prof.) Kamar): The Division will come at the end.

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Madam Temporary Chairperson, there is a further amendment to Clause 16 and I will read it as it is. I beg to move- THAT Clause 16 of the Bill be amended – (a) in the proposed new section 54Aby deleting subsection (2) and substituting therefor the following new subsection- (2) Where a county government intends to enter into a public private partnership agreement, it shall cause its user department or county entity, as the case may be, to prepare a project proposal for approval by the respective county assembly committee (instead of county executive committee), setting out the strategic and operational benefits of entering into such an arrangement. (b) in the proposed new section 54B by deleting subsection (2).

(Sen. (Prof.) Kamar): Chairperson, can you confirm that you are moving the amendment as amended?

Correct.

(Sen. (Prof.) Kamar): In the amended form?

Yes, in the amended form

(Sen. (Prof.) Kamar): The Division will come at the end.

(Sen. (Prof.) Kamar): The Division will come at the end.

Madam Temporary Chairperson, I beg to move- THAT Clause 19 of the Bill be amended– (a) in paragraph (a)(ii) by inserting the word “relevant” immediately after the words “persons with such” in the proposed new paragraph (b); The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(b) in paragraph (a)(iii) by inserting the words “having relevant experience and knowledge” immediately after the words “opposite gender” in the proposed new paragraph (ba).

(Sen. (Prof.) Kamar): The Division will come at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 4- Amendment

(Sen. (Prof.) Kamar): The Division will come at the end.

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Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 5- Amendment of

(Sen. (Prof.) Kamar): The Division will come at the end.

Madam Temporary Chairperson, I beg to move-

THAT the Bill be amended by inserting the following new clause immediately after Clause 19–

20. The principal Act is amended by inserting the following section immediately after Section 70– Report of the Committee

70A.(1) Within three months after the end of each

Committee shall prepare a report on project agreements entered into by all contracting authorities in that financial year.

(2) The Committee shall, in preparing the report under subsection (1), set out the following information– The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(a) the status of implementation of every project agreement that is under implementation by each contracting authority including the outputs of each project as against the projected targets; (b) any challenges or deviations in the implementation and estimated completion of the project and the reasons for such deviation or delay; (c) a financial statement with respect to each project; (d) a risk assessment including information of any change in circumstances that may have an impact on the implementation of a project; and (e) such other information as the Committee and the Cabinet Secretary may consider necessary. (3) The Committee shall submit the report prepare under subsection (1) to the – (a) National Assembly; (b) Senate; (c) respective county assemblies in which a project is being undertaken under this Act; and (d) Controller of Budget. (4) Parliament and the county assemblies to which a report is submitted under subsection (3) shall, in accordance with their respective standing orders – (a) consider the report within thirty days of receipt of the report; (b) table a report together with its recommendations on the implementation of the projects; and (c) submit their recommendations to the Committee. (5) The Committee shall, ensure that the contracting authorities take into account the recommendations under subsection (4) in the implementation of a project under this Act.

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Madam Temporary Chairperson, I beg to move-

THAT Clause 2 of the Bill be amended- (a) in paragraph (a) in the proposed new definition of the term “contracting authority” by deleting the word “corporation” appearing immediately after the words“ government or county” in sub-paragraph (ii) and substituting therefor the word “entity”; (b) by deleting paragraph (b); (c) inserting the following new paragraph immediately after paragraph (b)- (c)inserting the following new definition immediately before the definition of the word “affordability”- “accounting officer” means in the case of- (a) a national government entity, the person designated as an accounting officer by the Cabinet Secretary responsible for finance in accordance with the provisions of the Public Finance Management Act; (b) the Parliamentary Service Commission, the Clerk of the Senate; (c) the National Assembly, the Clerk of the National Assembly; (d) a Constitutional Commission, institution or Independent Office the person responsible for the administration of the Commission or institution or Independent Office in accordance with the provisions of the Public Finance Management Act; (e) a county government entity, the person responsible for the administration of the county government entity in accordance with the provisions of the Public Finance Management Act; (f) a county assembly, the clerk of the county assembly; and (g) the Judiciary, the Chief Registrar of the Judiciary.

(Sen. (Prof.) Kamar): Hon. Members, we will proceed to the next Bill, so that we report progress at the same time. Sen. M. Kajwang' will stand in for the Chair.

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Madam Temporary Chairperson, I beg to move-

THAT Clause 5 of the Bill be amended - (a) in paragraph (b) by deleting the word “as” appearing immediately after the word “is” in the proposed new subsection (2)(a); (b) by inserting the following new paragraph immediately after paragraph (b) – (c) by inserting the following new subsection immediately after subsection (3) – (4) The Executive Director shall be appointed for a term of four years and shall be eligible for reappointment for one further term of four years.

Madam Temporary Chairperson, I beg to move-

THAT the Bill be amended by deleting clause 6 and substituting therefor the following new clause – 6. Section 19 of the principal Act is amended – (a) in subsection (2) by deleting the words “Auditor General (Corporations) or to an auditor appointed under this section” appearing immediately after the words “submit to the” and substituting therefor the words “Auditor-General”; and (b) by deleting subsection (3) and substituting therefor the following new subsection –

No. 34 of 2015.

(3) The accounts of the Board shall be audited and reported in accordance with

the provisions of the Public Audit Act.

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Madam Temporary Chairperson, pursuant to Standing Order No.142, I beg to move that the Committee do report progress on its consideration of The Public Private Partnerships (Amendment) Bill (National Assembly Bills No.52 of 2017) and seek leave to sit again tomorrow.

Madam Temporary Chairperson, pursuant to Standing Order No.142, I beg to move that the Committee do report progress on its consideration of The Copyright (Amendment) Bill (National Assembly Bills No.33 of 2017) and seek leave to sit again tomorrow.

Hon. Senators, let us have Sen. (Prof.) Kamar report progress on The Copyright (Amendment) Bill (National Assembly Bills No.33 of 2017). The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Copyright (Amendment) Bill (National Assembly Bills No.33 of 2017) and seek leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree the Committee on the said report.

seconded.

Hon. Senators, I now call upon the Chairperson to report progress on the Public Private Partnerships (Amendment) Bill (National Assembly Bill No. 52 of 2017)

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered the Public Private Partnerships (Amendment) Bill (National Assembly Bill No. 52 of 2017) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker Sir, I beg to move that the House do agree with the Committee on the said report.

Hon. Senators, we now proceed with the other business on the Order Paper. Next Order.

Hon. Senators, pursuant to Standing Order 52(1), I hereby present to the Senate, the business of the House for the week commencing Tuesday, 19th February, 2019. Before I proceed with the Statement, allow me to take this opportunity to welcome you back to the Senate for the Third Session of the Twelfth Parliament. It is my sincere hope that you had quality time with your families and constituents, as well as had enough rest to take on the business of the House in this Session. Hon. Senators, on Tuesday, 19th February, 2019, the Senate Business Committee (SBC) will meet to schedule the business of the Senate for the week. Subject to further directions by the SBC, the Senate will on Tuesday, 19th February, 2019, consider Bills at Second Reading and those at the Committee of the Whole. The Senate will also continue with consideration of business that will not be concluded in today’s Order Paper. On Wednesday, 20th February, and Thursday, 21st February, 2019, the Senate will consider business that will not be concluded on Tuesday and any other business scheduled by the SBC. Hon. Senators, we have a total of 15 Bills due for Second Reading stage; these are - (1) The County Governments Retirement Scheme Bill (National Assembly Bills No. 10 of 2018); (2) The Local Content Bill (Senate Bill No. 10 of 2018); (3) The County Statutory Instruments Bill (Senate Bills No. 21 of 2018) (4) The Treaty Making and Ratification (Amendment) Bill (Senate Bills Bo. 23 of 2018); (5) The Statutory Instruments (Amendment) Bill (Senate Bills No. 24 of 2018); The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(6) The County Compliance and Enforcement Bill (Senate Bills No. 25 of 2018); (7) The County Early Childhood Education Bill (Senate Bills No. 26 of 2018); (8) The Preservation of Human Dignity and Enforcement of Economic and Social Rights (Senate Bills No. 27 of 2018); (9) The County Oversight and Accountability Bill (Senate Bills No. 28 of 2018); (10) The Determination of the Nature of Bills (Procedure) Bill (Senate Bills No. 30 of 2018); (11) The Natural Resources (Benefit Sharing) Bill (Senate Bills No.31 of 2018); (12) The Mental Health (Amendment) Bill (Senate Bills No. 12 of 2018); (13) The Election Laws (Amendment) Bill (Senate Bills No. 33 of 2018); (14) The County Wards (Equitable Development) Bill (Senate Bills No.34 of 2018); and (15) The Tea Bill (Senate Bills No.36 of 2018); Hon. Senators, there are twelve (12) Bills at the Committee of the Whole Stage in addition to those listed in today’s Order Paper. These are: (1) The County Governments Retirement Scheme Bill (Senate Bill No.6 of 2018); (2) The Public Participation Bill (Senate Bills No.4 of 2018); (3) The Retirement Benefits (Deputy President and Designated State Officers) (Amendment) Bill (Sen. Bill No. 2 of 2018); (4) The County Governments (Amendment) Bill (Senate Bills No.13 of 2018); (5) The Irrigation Bill (National Assembly Bills No. 46 of 2017); (6) The Impeachment Procedure Bill (Senate Bills No.15 of 2018); (7) The Care and Protection of Older Members of Society Bill (Senate Bills No.17 of 2018); (8) The Prevention of Terrorism (Amendment) Bill (Senate Bills No.20 of 2018); (9) The Petition to County Assemblies (Procedure) Bill (Senate Bills No.22 of 2018); (10) The Data Protection Bill (Senate Bills No.16 of 2018); (11) The County Planning (Roads, Pavements and Parking Bays) Bill (Senate Bills No 18 of 2018); and (12) The County Outdoor Advertising Control Bill (Senate Bills No.19 of 2018);

Hon. Senators, we started off well yesterday and we have already considered five Bills at the Committee of the Whole. What is awaiting our action today is voting on the amendments to four Bills – as there were no objections from yesterday’s proceedings - and the Third Reading for the same. I urge hon. Senators to remain in the Chamber for the Senate to successfully complete consideration of the Bills. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I also urge sponsors of the Bills and the respective Movers of amendments to avail themselves to enable the House to effectively navigate the remaining Bills at the Committee of the Whole stage. May I also take this opportunity to remind Chairpersons of Standing Committees to hasten consideration and public participation on the Bills at Second Reading stage and file reports to enrich debate on them. Finally, hon. Senators, from the above, you notice that the House and its Committees have full plates as we begin the Third Session. Let us rededicate ourselves to service to the people of Kenya and dispense with business before us expeditiously. Mr. Temporary Speaker, I thank you and hereby lay the Statement on the Table of the House.

Next order.

Mr. Temporary Speaker Sir, I beg to move the following Motion- THAT, pursuant to Standing Order No.189 (1) and 219, the Senate approves the following Senators nominated to serve in the Sessional Committee of the Senate as follows –

The Senate Minority Leader.

Thank you. Mr. Temporary Speaker, Sir. I intend to be brief since this is one of the Procedural Motions that must take place at the beginning of every Session. As the Senate Majority Leader has pointed out, sessional committees are appointed at the beginning of every session. They are not standing committees appointed every 5 years. There is need for institutional memory and instability. It may be necessary in the sessional committees to appoint those who have served in those committees so that there is some synergy and stability in the work that goes on in that committee. Indeed, these sessional committees, and particularly the County Public Accounts and Investments Committee (CPAIC), do their work on the basis of performance of counties and the use of funds which have been devolved. Therefore, if you keep on changing the committees without institutional memory or some stability, their work may not be rendered effectively. Having said that, I want to say that CPAIC is so critical; it is one of the committees that I can say, directly draws from Article 96 of the Constitution in terms of oversight. Oversight is a very important role. In the past, when people thought about Parliament, they thought about legislation, and it being the instrument through which revenue is raised, taxation measures are approved and audit undertaken. However, oversight must be a continuous and permanent feature of governance, especially governance that takes place in the modern age. Sometimes there is something which happens in a flash and if you do not get abreast with it in good time, it may affect a nation for years. I would like to encourage CPAIC Members to ensure that they are on their toes all the time and do not wait for reports from the Auditor-General (AG), but develop mechanisms to have a way of oversighting counties and particularly the Executive and the county assemblies so that The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

members of the public feel that these institution formed under the structure of Government that was proclaimed by this Constitution, works for the people. Mr. Temporary Speaker Sir, if you look at the principles and objectives of the devolved government, it is to provide services. Although we may be talking about the right to participation and democratic governance as being important pillars in devolution, the most important aspect of devolution is to provide services. The way some counties are run and the way some governors behave, it is as if counties must necessarily be a replication or a reflection of the national government. I think that should not be the case. The formulation of county governments must be service oriented. The other day I saw one of the governors - I thought this could only happen with respect to Baringo County - with an Aide-de-camp.

These are exhibitional trappings of power that are not in sync with devolution. A governor should be a person that should ordinarily appear in homes, be in fellowship with communities; churches, without showing the trappings of power in huge convoys. I think one the key failures we have experienced in the first 6 years or so of devolution, is that governors want those institutions to be reflected in the manner in which the presidency operates. If you read the Constitution, the Presidency is a representation of many other things which the county governors do not qualify to do. Therefore, I hope this committees should be able to look at the way governors and county governments operate. Are they people-friendly or are they are just another institution through which an imperial structure which we did away with under this Constitution has been retained at the county? I urge the County Public Accounts and Investment Committee (CPAIC) where Sen. M. Kajwang is the Chair and Sen. Olekina is a Member that, counties, just like the national Government, must operate within the Public Finance Management Act. The Act stipulates how county funds should be managed and county assemblies have a role. However, most of the time, there are constant violations of the Act. These things only come to light when there is a big problem not just in the loss of funds, but in the way finances of the counties are managed. We should have a way of tracking how decisions are made in the area of procurement which falls, to some extent, within the domain of the management of county finances. Therefore, I hope that we do not just look at the reports from the Auditor- General who is an instrumentality of Parliament; the National Assembly and the Senate. He acts as an agent of these two institutions to enable us to undertake or play the role that is enumerated by the Constitution. Therefore, we should go beyond the report of the Auditor-General and look at the operations of counties. It is my hope that, this time round, CPAIC will look for innovative ways to ensure that reports come to us within reasonable time as contemplated by the Constitution. In any case, not beyond 12 months after every financial year that is being audited. I know it The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

is a toll order but I have been in discussion with Members of the Committee including the previous Chairman, who hopefully, will continue as Chairman. They are now in a position to come up with a better way of looking at those accounts on a timely basis so that we do not discuss reports of these accounts when it is already too late. Mr. Temporary Speaker, Sir, secondly, the Committee on Delegated Legislation is a very important Committee. There are many laws that are made in this country through instruments by way of delegation. Delegation of the powers of Parliament to enact laws is envisaged under the Constitution, that Parliament can allow other institutions to make laws or regulations. However, if we are not careful, we may give many institutions the opportunity to make regulations that will affect the people or the way we run Government. Therefore, it is important that the Committee on Delegated Legislation is active so that we receive regular reports from them to ensure that even when some of these instruments have not been tabled before Parliament, they go out there and make sure that they are presented before the Senate. Therefore, I support and second this Motion and hope that the Committee will start its work. Mr. Temporary Speaker, Sir, I was told by Sen. M. Kajwang that we should be in a position to enable this Committee to meet even during the long recess in December because the Public Accounts Committee (PAC) in the National Assembly was working over the Christmas period yet our Committee could not be able to hold sittings. This should be looked into so that they have optimal time to consider these matters. with those remarks, I beg to support.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute to the Motion that approves Senators to serve in the sessional Committees, that is CPAIC and Committee on Delegated Legislation. The CPAIC is a very important Committee which helps to promote and strengthen devolution which has changed our counties for the better. However, that change comes with responsibility. Therefore, county governments need to know that they are accountable to the people that are represented by Senators who are here. Therefore, when they are called upon by this Committee, they are not called to be grilled as we are normally told; they are given a hearing so that they can explain how the funds that the Senate sends to them are utilised. Transparency and accountability are tenets of good governance and we cannot run away from them because we are a country of laws and that follows proper governance. Therefore, these tenets must be upheld. County Executive Committee (CEC) Members also have a responsibility to do their work. They should know that it is not just the governor who will be questioned by the CPAIC, they too have a responsibility. As the governor is called to this Committee, they hold the biggest responsibility because they were given that role by the governor. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I would also like us to assist Members of County Assembly (MCAs) who perform the primary oversight role of county governments so that by the time the work comes to the Senate through CPAIC, it has already been handled or looked at by county assemblies because they play the primary oversight role. The membership of the Committee on Delegated Legislation is apt and up to the job. I would like them to look at the regulations of laws that govern, especially the electoral process and political parties. We have various regulations that are needed to help us run political parties in the right way. Those regulations need to be worked on. I would urge the membership to this Committee to go out there and look for regulations that govern the political and electoral process in this country. I, therefore, support the membership to these committees. They are people who are up to the job and I wish them the best in the coming year. Mr. Temporary Speaker, Sir, I support.

Sen. Seneta, proceed.

Thank you, Mr. Temporary Speaker, Sir, for giving me a chance to support this particular Motion. I want to congratulate all the Members of this Committee. I urge them to move with speed and look into the issues of finances in terms of allocation, expenditure and revenue collections in our counties. Mr. Temporary Speaker, Sir, recently, we had an auditor’s report that came out during our recess that was discouraging to look at. This is because so many counties have spent a lot of money on travelling allowances, entertainment and salaries. We need to look at how we can reduce this expenditure and allocate more resources to development. The Committee needs to advise county governments on employment. Every day, we see adverts for employment in county governments. Do we really need this much workforce and do we have an allocation for it? Do we even have skilled workforce in our counties? Are we employing people who have no much work to do in the counties?” When we employ people who are idle and have no skills, we are promoting corruption. We should not employ people who will only be interested in tenders and stealing because they have no much work to do. I would urge my able Chairman, who is seated with us here, together with other Committee Members to relook at the recent General-Auditor’s report. We have faith in this membership. These are people we have worked with and they have a lot of concern for counties. I wish them all the best as they start their work. Mr. Temporary Speaker, Sir, I support.

Thank you, Mr. Temporary Speaker, Sir, for giving me an opportunity also to congratulate the Members who are now being appointed for the second time to manage the two committees; that is, the CPAIC and Committee on Delegated Legislation. Mr. Temporary Speaker, Sir, it is clear that the role of auditors all over the world, I being one of them, is to verify and certify the accounts. The certified accounts are meant to be given to the management, or may be in this case, county governments to help them make further decisions. The problem that we have had so far in our country is the lateness The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

in the delivery of these reports. Last year, we were dealing with the Financial Year 2013/2014 accounts. We were addressing ourselves to history. The reports are supposed to give the management or the county governments an opportunity to make better decisions in the management of the resources. So far, we are getting of age in terms of devolution. Right now, we are in the sixth year of devolution. We, as a nation, we are educated. We understand what devolution is all about. We know what should be done and how best we can deliver services to our people. If we take so long to give these reports, it means that we will hide a lot. The example that I can give is the report that we had on land in Ruaraka. It was a serious thing. We saw the way people behaved in this House. If at this age and stage in life, a Committee can be subjected to or accused of corruption, then I do not know where we are heading as a country. Even in the case where everybody knows that something went wrong, we shot the report down without a wink, knowing very well that we are part and parcel of this corruption. I want to believe that these Members who have been nominated to the same Committees are above reproach. There comes a time in life where self does not become first. We have to put ourselves behind for us to perform and to be counted in the delivery of services. Therefore, this is a very big responsibility that we are giving the two Committees and more so, the CPAIC. We need people who are above reproach and will go beyond the timing. To me, time is very important. Mr. Temporary Speaker, Sir, last time it was suggested that the numbers be increased, so that they can divide work in order for us to move faster. That has not been done here because the number remains the same. I do not know the speed at which we will move at, but it is important that we give reports on time. We also need to be above reproach, because the counties have been entrusted with a lot of money. It should, therefore, add value to our people. People should not live with the same problems. Talk of health or agriculture; they still have the same problems. We do not know if there is seriousness in the way our resources are being utilized. We have given a lot of money which we should also give seriousness when it comes to the accountability of the same. Above all, Kenyans should feel better than when the units were not devolved and everything was centralized. There were a lot of complaints. Now everybody has been given a government at the county level. Let the people feel the difference. It will be very unfortunate if we sit here, do the same things in the same way and expect to get better results. It cannot be. We need to have a changed attitude. We must have our people at heart. We must deliver services and exercise prudent use of resources. These resources come from the same people and fall in the hands of few people. The gap that we have between the rich and the poor is expanding; it is not narrowing. We need to narrow the gap between the rich and the poor by doing the right thing and using money properly. If you are given the responsibility to be accountable, please, be and let the people feel that their representatives they elected or voted for are doing a good job. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I support the colleagues who have been nominated. However, let it be very clear that it is work, first of all. Secondly, it is about transparency and letting our people feel the difference. If something is wrong, let us say so and correct it. That is why we should have auditing. Mr. Temporary Speaker, Sir, auditing should not there for the sake of it. It is meant to help us make better decisions and verify where the problems are so that we correct them and move on. Mr. Temporary Speaker, Sir, I thank you for the opportunity. I support.

Let us have. Sen. M Kajwang.

Mr. Temporary Speaker, Sir, I find myself in a difficult position because my name is listed as one of the Senators who have been proposed to sit in the CPAIC. However, having risen to talk to Motion, I have no other choice, but to support it because anything short of that would have meant that I wish my name to be expunged from that list.

I have had the privileged of serving in this Committee in the last Session and the greater privilege of chairing it.

Mr. Temporary Speaker, Sir, I am privileged that the team that I served with in the previous Session, is still the same that we are going to serve with next Session if this House approves the Motion. It cannot get any better. It is a team that has been dedicated and put in a lot of hours. In the last Session, we reported to this House that the Committee had a total of 94 sittings.

However, I will not want to get into what we have achieved or the challenges that we faced. This is because in September, 2018 when the House met in Eldoret in Uasin Gishu County, I presented to the Senate Business Committee (SBC) the achievements and challenges that Committee had registered. On 4th of December, 2018 in this House, I presented a report on the achievements and challenges of the Committee.

Mr. Temporary Speaker, Sir, you recall that on 4th of December, 2018, the Speaker ruled that the report that I has submitted ought to be have been tabled in the House. I assure the Chair that it shall be tabled in the House as directed by the Speaker.

Further, the Speaker ruled that the Committee should hold further discussions with the Senate Business Committee (SBC) to see better ways of streamlining and fast tracking the scrutiny and reporting to the Senate. I assure the Chair that it will happen.

Finally, I am excited that we seem to be putting in place a proper framework for monitoring and evaluation. Audits by their nature are post-mortems. The duty and mandate of the CPAIC as captured in the Standing Orders is postmortem in nature. If we integrate a monitoring and evaluation framework and do it properly, we will been able to respond and deal with the issues that are current and alive.

I congratulate and support the Senators who had been nominated to sit in the Committee on Delegated Legislation.

Mr. Temporary Speaker, Sir, I urge the Members of this Committee to guide this House appropriately, so that no single statutory instrument that touches on county The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

governments escapes the scrutiny of the Senate. This is because in the last Session and in the past Parliaments, we have seen a situation where it is believed that all statutory instruments should be treated by the National Assembly. We need to assert ourselves because it is inconceivable to think of any statutory instrument or legislation that will not impact on counties or people living there.

I support.

Mr. Temporary Speaker, Sir, I also rise in support of the Motion which is before the House on the membership of the Senate CPAIC. This Committee does a very important role in terms of oversighting the expenditure of the money that we send to our counties.

I congratulate the leadership for having chosen to retain the Members who were serving in the Committee last Session at least for purposes of institutional memory and continuity. I challenge the Members who are serving in the Committee to be innovative and pragmatic. Corruption is a white collar crime. There will always be effort and attempts to ensure that people who steal and embezzle public money that is meant for development, that they hide their tracks. However, we must be innovative. I am not a Member of the CPAIC, but those who are privileged to serve in it must be custodians of the public money that we send to our counties. Mr. Temporary Speaker, Sir, the people who enacted the Kenya Constitution in 2010, what they had in mind is transformation of the lives of the people who live in the counties. Some of the most key functions were devolved, including health. However, we find cases where even medicine that is meant to be supplied to hospitals is sold to private business people. It was saddening to see what I saw in Machakos the other day. The Governor of Machakos, Dr. Alfred Mutua was acting helpless when he was raiding a chemist that is right opposite the county headquarters. This is something that is replicated virtually in all counties. Unless we send a very strong message to people who are in the county governments that it is painful and it will not be beneficial to embezzle money that is meant to provide services to wananchi, there will be a state of hopelessness. Most of us who go to counties, people look at the Senators as the only people they can trust to protect public resources. It will be very unfortunate and almost a disaster, if we lose that faith and confidence that we enjoy from the people we serve. I want to urge Members of this Committee to live up to the expectations of our people. We want to see blood, where money is being lost. Where we are having ghost projects we might bring these things to the attention of the people we serve. I hope we will be empowered or well-resourced as Senators to undertake our role of oversight. I hope that we will shift our gear from just sitting in Nairobi and going through the reports by the Auditor-General to extend these sessions to our counties. Most of the queries that are raised by the Auditor-General are things we can verify by making physical visit to our counties. I sat in the session that grilled my Governor from Nyamira. I remember we made an undertaking to the people of Nyamira The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

that come this new session that we will be able to physically visit Nyamira County and make an assessment on the projects where the Auditor-General has raised queries. These queries relate to the services of people from that particular county. If we just sit in Nairobi and file our reports, we will never have impact. I hope that the Members who are very able, who have been nominated and privileged to serve in this Committee will put our governors and the people who serve in our counties to account. We, as Senators, will continue to be alert in terms of oversighting our governors. We will be keen to see how they spend resources that are sent to the counties. Mr. Temporary Speaker, Sir, with those remarks I support.

Sen. Samson Ongeri

Thank you, Mr. Temporary Speaker, Sir. Let me also add my voice. I am a Member of that Committee. From the experiences that we have had in serving the last CPAIC, it is quite a thankless job as it were in many respects because you spend many hours being able to interrogate issues that may have happened some five, six, seven years ago and small of a postmortem exercise rather than the ant-mortem exercise itself. We are all mandated by the Constitution to oversight the performances and the dealings of county assemblies and the county government. We are to look at what they are doing and how they are functioning in the various aspects, especially the public finance management ethos. If I had a way, I would suggest that we have an ad hoc Committee at some stage so as to be up to date with the issues that are outstanding in terms of audit. We can be split into various groups that would go to various counties so as to update the auditing process and bring it up to speed in order for us to discuss the audit reports that directly affect the incumbency; those who are in power. You can only interrogate the services of those in power. The idea of monitoring and evaluation Committee and implementation Committee would be a useful addition to speed up some of these things. We could also convert, if the Senate Majority Leader and the Senate Minority Leader are in agreement, the whole Senate into an ad hoc Committee of auditing the report, as I said earlier, for us to bring them up to speed. Right now, we are on 2013/2014. God knows when we shall interrogate 2017 accounts. We need to be there for us to deal with current issues. I am a Member of that Committee. I cannot speak for myself, except to accept the honour bestowed upon us to serve in that Committee and to serve diligently as required by the law. Thank you, Mr. Temporary Speaker, Sir.

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to also contribute to the Motion of approving the Senators, which includes myself, to serve in these two very important Sessional Committees. Like my former Chairperson said earlier on, I had an opportunity to sit in almost 90 sittings where we looked at voluminous documents coming from different county governments. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

One thing that, this House and the general public need to understand is that as a Committee, there is very little that we can change because we cannot change what the Auditor-General has already established. The biggest problem that we have is on the issue of implementation. I would want to urge my colleagues in this House to take their time to look at the reports of the Auditor General. I saw the documents that were tabled in this House yesterday. We have about 20 reports. We will have to sit down and look at them then come up with recommendations at the end of the day that have got to be implemented. However, we do not have an implementation Committee. We need that committee in place for us to work diligently and have the people who are in the county governments who expect us to call their governors here to explain how they spent the money satisfied. There is huge misconception out there where people expect us to call a governor at any time and have them come. I wish we could do that, but the reality is that we have a lot of backlog. The first Committee did not do much because there was a fight between the Governors and the Senators, which eventually the Supreme Court was able to pronounce itself on. I want to thank the leadership for looking at the work that we did last year. They consequently proposed that they retain us for another year; that is a lot of honour. Everyone in this House and the public should ensure that there is fiducial responsibility. There is a lot that we can do. That Committee last year – and I hope we will be able to do that this time around – worked on a fiduciary risk report. The report was very clear that in most county governments, the governors were not following the Public Audit Act, the Public Procurement and Disposal Act and even the Public Finance Management (PFM) Act. I, therefore, hope that this time around, as we sit here and say, “I wish that the County Public Accounts and Investments Committee (CPAIC) can do their job faster;” it behoves all of us, as Senators, to look at the Auditor-General’s Report. There is a lot of confusion between the Auditor-General and the Controller of Budget. I have a Bill in this House, which I hope particularly the Senate Majority Leader will support me on. It is the County Oversight Bill. This is a Bill that was fought heavily by the governors during the public participation exercise because they do not want to be questioned on how they are using their money. We are talking about involving the Controller of Budget. I was listening very keenly to the Senate Majority Leader when he was saying that the Controller of Budget ought to be a friend of this House; it is true. However, we ought to reduce this into legislation. We have to involve the communities out there in the budget making process. Currently, our communities are not involved in this process. You will find that even Members of County Assemblies (MCAs) will start talking about their Ward Development Fund. We can do away with this argument of ward development funds if we involve the community in the budget making process. Consequently, each MCA will be saying: “At the end of the day, I expect that certain projects will be delivered by this county government that I serve in.” The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, as we move into this second term – and I hope the House will approve our nomination – we commit to expedite certain reports. I have always suggested to my colleagues that when we look at reports of Financial Years 2013/2014 and 2015/2016, there is really nothing that can change. In fact, I was suggesting that we just adopt those reports as they are, because we are looking at only the executive; we have not even looked at the assembly. Therefore, the amount of work in that Committee really requires people to be committed to sit even during recess so that we can catch up. As I wind up, Mr. Temporary Speaker, Sir, there are three key legislations that even governors out there ought to know. Number one, the Public Audit Act is very clear. Number two, the PFM Act is very clear. Therefore, if you violate both the Public Audit Act and the PFM Act, when you come to us, the only thing we will do is to remind you of that and, of course, recommend that you face the consequences as stipulated in Article 226 of the Constitution. With those few remarks, I beg to support.

I call upon the Mover to reply.

Thank you, Mr. Temporary Speaker, Sir. I thank everybody for the wonderful suggestions. I am glad that particularly three Members from CPAIC are here. I believe that they have taken into consideration the many praises that they have received from the Members here and they will deliver again in their second term in this Committee. We will give them our maximum support. We believe that they are our first point of consultation. If we want any advice on how to go about matters of oversight, this is the Committee that we will work closely with, together with the Committee on Delegated Legislation. As Sen. M. Kajwang’ said, their responsibility now is to work hard in order to seize their place in interrogating delegated legislation. This is so that it does not become one way of robbing this House of its constitutional mandate by hiding behind delegated legislation to avoid matters that concern counties to be discussed under one House. Having said that, Mr. Temporary Speaker, Sir, I want to thank everybody. I beg to reply.

Hon. Senators, we have determined that this Motion does not affect counties. Therefore, voting will be by voice. I will, therefore, put the question.

Let us go to the next Order.

Mr. Temporary Speaker, Sir, I beg to move the following Motion- THAT, pursuant to Standing Order 29(1) this House approves the Senate Calendar (Regular Sessions of the Senate) for the Year 2019 (Third Session, February to December, 2019), laid on the Table of the House on, Wednesday, 13th February, 2019.

Mr. Temporary Speaker, Sir, it is important that as a House, we have a calendar so that we know what is expected of us and where we are supposed to be. This should not just be for Senators but also members of the public who are welcome here to observe our sittings and participate by bringing petitions, or whatever it is that they need to do. I think a calendar really helps as far as setting the pace on what is going on at any given time is concerned; whether we are sitting or on recess.

Looking at the Calendar, it has taken into account some of the major events that will be coming up in this Third Session of the Senate, such as the Annual Devolution Conference, which will be held in March this year. The Calendar has taken that into account.

We also have another big event, which is the Annual Legislative Summit that will be held in April. It is obvious that, that has been taken into account, so that it does not happen during sitting days, in order to allow us to participate without interrupting House business.

Mr. Temporary Speaker, Sir, in putting the Calendar together, we have taken into account the major deadlines that we have as the Senate. Those are for legislations such as the County Allocation of Revenue Bill. The sitting days take into account the deadlines, so that we are in the House when that is supposed to happen. In addition, there is The Division of Revenue Bill, which is very important as it has guidelines and deadlines. Given the way the Calendar has been structured, we shall be able to deal with it. We should be able to deliver within the days that we have our sittings in relation to the deadlines that we have for these important pieces of legislation. Mr. Temporary Speaker, Sir, we also have the Budget Policy Statement (BPS) and the Medium-Term Debt Strategy that will be brought to the Senate. Looking at the Calendar, it is quite obvious that dates were not just picked and pasted to be the sitting days or recess days. Much thought has been put into it, so that the business of this House will run smoothly during this Third Session of the Senate. Therefore, this Calendar is wonderful because it is a good roadmap for the Senate and will guide us very well. It will also give enough time for Members to bring their Bills in addition to the Government Bills, Motions, Petitions and all other pieces of legislation, so that we can keep our business going. Mr. Temporary Speaker Sir, the recess dates will also help Senators to handle one of the very critical mandates, which is to go back to their counties and engage with their electorate. With the recess dates being what they are, it gives us room, so that we are not just stuck in Nairobi. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, I beg to move and request Sen. Olekina, who is my neighbor, to second.

Mr. Temporary Speaker, Sir, I rise to second the Motion on the Calendar of the House. I got an opportunity to look at the Calendar as I sit in the Senate Business Committee and realized that it has taken into consideration the time that we will be away for the Devolution Conference, which is very important and also the Legislative Summit. Mr. Temporary Speaker, Sir, one of the most important things that I would like to urge fellow Members is that when we are on recess, let us do all those trips, but during the time we are supposed to be here, let us come here so that we can conclude all the business that is in the House. With those remarks, I support the Motion.

Hon. Senators, there being no request from you, I will proceed to put the question.

Next Order!

Hon. Senators, there being no other business, it is now time to adjourn the House. The Senate, therefore, stands adjourned until Tuesday, 19th February, 2019, at 2.30 p.m.

The Senate rose at 6.27 p.m.

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