Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.41 (3) and (4), I have received the following Message from the Speaker of the National Assembly regarding the passage of The Livestock and Livestock Products Marketing Board Bill (National Assembly Bill No.2 of 2019). Pursuant to the said Standing Order, I now report the Message: “PURSUANT to the provisions of Standing Orders 41(1) and 142 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly – WHEREAS the Livestock and Livestock Products Marketing Board Bill (National Assembly Bill No.2 of 2019) was published vide Kenya Gazette Supplement No.6 of 7th February, 2019 as a Bill concerning county governments to establish the Livestock and Livestock Products Marketing Board; AND WHEREAS the National Assembly considered and passed the said Bill on Wednesday, March 12, 2020 with amendments in the form attached hereto; NOW, THEREFORE, in accordance with the provisions of Article 110(4) of the Constitution and Standing Order 142 of the National Assembly Standing Orders, I hereby refer the said Bill to the Senate for consideration.”
Hon. Senators, pursuant to Standing Order 157, which requires that a Bill originating in the National Assembly be proceeded with by the Senate in the same manner as a Bill introduced in the Senate by way of First Reading, in accordance with Standing Order 139, I direct that the Bill be listed for First Reading on Tuesday, 12th May, 2020. 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.
Hon. Senators, pursuant to Standing Order Nos.226(1)(a) and 230(2)(b), I hereby report to the Senate that a Petition has been submitted through the Clerk by Mr. Simon L. Kilonga and Mr. Olenana D. Oleltulet, residents of Narok County.
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: (1) That, there is alleged misappropriation of the county revenue, particularly of the years 2014/2015 to 2018/2019, in which millions of shillings were allocated to projects that were never undertaken as listed below: (a) Flywheel Engineering and Construction Ltd was awarded a tender with a contract sum of Kshs19,924,000 for improvement and gravelling of Paka Nyeusi-Mashangwa Road section. The project was to commence on 23rd March, 2015 and be completed on 23rd July, 2019, but to date, no work has been done. (b) Agus Investment Ltd was awarded another tender worth Kshs18,980,000 for improvement and graveling of the same road, Paka Nyeusi-Mashangwa Road section. The project was also to commence on 23rd March, 2015 and be completed on 23rd July, 2015. However, this was not fulfilled. This means that the Paka Nyeusi-Mashangwa Road project had two tenders awarded in the same year, but no work has been done on the Road. (c) The Narok County Government awarded a tender worth Kshs2,693,520 to Flywheel Engineering and Construction Ltd for proposed construction of water pans. The project was never carried out and yet payment was made. (d) The Narok County Government awarded another tender worth Kshs3,491,994 to Flywheel Engineering and Construction Ltd for renovation and partitioning of a boardroom. The project was never carried out, yet payment was made. (e) Another tender worth Kshs2.6 million was awarded to Flywheel Engineering and Construction Ltd for proposed construction of water pans. The project was never carried out, yet payment was made. (f) The Narok County Government awarded a tender worth Kshs19,925,000 to Gorgeous Construction Ltd for 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.
improvement and graveling of Sankale-Topot Road. The contract was never fulfilled, yet payment was made. (2) That, the matter was reported to the Director of Criminal Investigations (DCI) in August, 2019 and not action has been taken since. Consequently, the Petitioners pray that the Senate: (a) investigates the issue raised to establish the circumstance under which the irregular tenders were awarded; and, (b) directs the Auditor-General to conduct a special audit exercised in view of the foregoing issues and makes appropriate recommendations on those found culpable, especially in the fraudulent payment for work not done. Hon. Senators, pursuant to Standing Order No.231, I shall now allow comments, observations or clarifications in relation to the Petition for not more than 30 minutes. If we can keep it short, the better for us because we have other business to transact. With the masks, I am not very sure of the faces.
Sen. Linturi, proceed.
Thank you, Mr. Speaker, Sir. I thank the petitioners for bringing the Petition to this House. Time has come that we must appreciate what the public is doing. The public is keen in whatever we are doing and they are watching. These are some of the desperations that the public is trying to express through this House for failure to have an Auditor-General in this country for a very long time. The Petition falls directly, in my view, under the Committee on County Public Accounts and Investments, where we had elections yesterday. Unfortunately, this is a complaint from his county, and I am sure that there will not be any kind of conflict. However, I want to say that if we are not careful as a House, money will be stolen during this time and used in the wrong way. That is the reason this House must rise up to the occasion and deal with the issues as they come despite the different circumstances that we find this country in following the COVID-19 pandemic. Let me say thank you to this good Kenyan citizen who has decided to raise this matter. Thank you.
Thank you, Mr. Speaker, Sir. Indeed, the petitioner should be congratulated by the House because our mandate is to oversight counties, yet most of the time we are not on the ground. We need to encourage Kenyan citizens, who are out there and most of the times observe misappropriation of funds by the counties, to use this avenue of petitions to this House. Whichever Committee, and I believe it is the County Public Accounts and Investments Committee (CPAIC), you will commit this Petition to, should deal with it diligently, so that Kenyans may find that this is a path that they can reach the Senate. This is also a path that will assist us, as the Senate, to perform our oversight duties. 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.
There are many cases in counties where monies are allocated to mysterious contractors and work is never done. In fact, I have had occasions where people, not necessarily from my county, have told me about misappropriation of funds in their counties by county governments. We want to encourage the citizens of this country to use this avenue of petitions to the Senate. Thank you, Mr. Speaker, Sir.
Thank you, Mr. Speaker, Sir. I wish to congratulate these petitioners from Narok. As my colleagues have said, this is a matter that is happening in most counties. Unfortunately, even if members of the public raise these issues, they do not find a solution. Is money changing hands within the relevant institutions? Somebody needs to explain. I have a very good example and a Statement on it; I do not know whether you will allow me. There is a matter that has hit the social media in my county concerning the Intensive Care Unit (ICU). Some youths have raised an issue about misappropriation of funds and the manner in which ICU equipment were hired. Right now, the county government is using security apparatus to intimidate those boys and they are threatening to arrest them. Members of the public have a constitutional right to raise those issues. However, I think there are a lot of challenges on the ground, especially from the county governments, where they are using tactics to stop people from doing what they are doing. If we are not doing good work as the Senate, members of the public will lose confidence in us. I hope that the Committee that will consider this petition will handle the matter properly and make sure that the petitioners have received the prayers they have asked for. Thank you, Mr. Speaker, Sir.
Thank you, Mr. Speaker, Sir. I want to congratulate the petitioners and remind ourselves that the Constitution of Kenya and the County Governments Act have provided a platform and a way in which the Senate together with respective county assemblies can perform their oversight roles. As Senators, we only rely on the reports of the Auditor-General to oversight our counties. We need to have a more meaningful engagement in oversighting our counties in their day-to-day running. As it is right now, it is only the Members of the County Assemblies who can do the day-to-day oversight of the county executive. However, we have county assemblies that have gone to bed with the executive. Recently in my county, I wrote a letter to the Speaker requesting for a meeting with the Public Accounts Committee (PAC) of the county assembly, so that we can come up with a way in which we can oversight the money set aside for the COVID-19 Emergency Fund. The County Assembly Speaker wrote back to me and said that we do not have a law that provides for an engagement between a Senator and Members of the County Assemblies. The County Assembly of Kakamega has been mismanaged. Recently, we asked them to resume and pass the supplementary budget that the executive has forwarded to them. You cannot imagine a county assembly doing adjournment for recess through 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.
SMS; no motion was moved on the floor of the House to adjourn the County Assembly of Kakamega. They communicate through SMS. Mr. Speaker, Sir, it is important that this House provides mentorship to the respective county assemblies, so that they appreciate the essence of oversight. We have seen misappropriation of funds in county governments. However, we can do little, as Senators, to avert such situations. Therefore, it is important for the Members of the County Assemblies to know that it is their role to do the day-to-day oversight. As Senators, we can only wait for the Auditor-General’s reports. This reminds me that this House was supposed to be funded with the oversight fund, but it has never come to pass. As Senators, we cannot oversight when we do not have fuel to move from our offices to ascertain whether, for example, a 100 kilometre roads project was done. How do you expect a Senator to perform oversight, yet he has no cent to carry out that function, unless we are assuming that oversight is a personal mandate of the Senator and not a mandate as enshrined under Article 96(3) of the Constitution. Mr. Speaker, Sir, I would like to urge the leadership of this House, including you, to ensure that in the next financial year and the years to come, Senators are empowered with oversight fund, so that we can do valuable oversight to the counties.
Sen. (Dr.) Zani. I will now limit contributions to three minutes per Member.
Thank you, Mr. Speaker, Sir. I also wish to congratulate the petitioners because they have had confidence in bringing their Petition to the Senate. I think this Petition from Narok County could just be a petition from any other county. As this Committee embarks on its work, maybe they could have an expanded mandate about projects that are promised and not actualized. Payments have been made, yet work has not been done. This runs across the issue of transparency and accountability, which even in our second phase of devolution, is the same issue that keeps coming up over and over. By the petitioners bringing this Petition to the Senate, they hope that they will have sufficient answers for the questions that they have raised. For a long time, open governance and open governance partnerships are very critical. Let me stress on the issue of transparency and accountability. Adequate provisions have been put in the Constitution, specifically on the County Integrated Development Programme (CIDPs) and the need for them. Indeed, even in the County Governments Act, 2012 to ensure that county governments can indicate the projects that they want to have, there is a system to ensure that these have been--- First, they indicate the sort of projects they want to have and then have in place a system to ensure that these have been done, including the oversight from the county assemblies, and also enabling public participation from these counties. Mr. Speaker, Sir, even as I speak, it is unfortunate that we still do not have this Bill in place. I think we did everything that we could as the Senate. We know that sometimes public participation is not done in the specified way. It is high time that we ensured that money that goes to the counties is used for the intended purpose. This is because if we do not put in place a deterrent, we might be saying this in the next two 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.
three years, and it will go on and on. This means that everything will be done in vain, in the hope that one project or another will be finished. This particular road that was expected to be constructed and coordinated by Paka
should have been done by now. As we commit this Petition, which I support, I hope that when it gets to the relevant Committee, they can expediate and give the answers that will create confidence and assurance to the citizens of Narok County and this country. Thank you, Mr. Speaker, Sir.
Sen. (Dr.) Milgo, and then Wamatangi.
Thank you, Mr. Speaker, Sir. I also wish to support this Petition and say that it is high time that issues of social audit are taken very seriously. This is a sign that we need the Auditor-General as early as yesterday. Mr. Speaker, Sir, what is happening in Narok County is actually applicable in all counties. I hope that when this Committee takes up this particular Petition and starts their work, they will also look into many other counties. For example, in my county, Bomet County, there is a 12-kilometre road for which a tender was awarded and paid, but to date no work has been done on it. Mr. Speaker, Sir, most of the Members of County Assemblies (MCAs) have gone to bed with the governors because they are the first line of accountability before we come to the Senate. For most of the projects that are not completed, you will find that these MCAs are also involved. Mr. Speaker, Sir, this Petition should ensure that we have the Auditor-General in place. Once we find out that someone has embezzled money through his position as governor, we then stamp our authority, so that it serves as a warning to the rest. Otherwise, the public is losing so much money through many shoddy projects. Even those that are done are not completed. I remember a bridge in my county that was built using bricks. However, when the rains came recently, that particular bridge was swept away together with the millions that went into building it. Mr. Speaker, Sir, this Petition is very important. It has come at a right time when we are complaining about issues of public money embezzlement. Thank you, Mr. Speaker, Sir.
Sen. Wamatangi, Sen. Mutula Kilonzo Jnr. and Sen. Faki, kindly proceed in that order.
Thank you, Mr. Speaker, Sir. This Petition has come at the right time, especially when the matter of the County Allocation of Revenue Bill is before the Senate. Mr. Speaker, Sir, one of the issues that have always bugged my mind is why there is no relationship between the County Allocation of Revenue Bill and the budgets that are passed in the county assemblies. Why has it never occurred to us, as Senators, that it is important that when budgets are passed by the county assemblies, we need to create an avenue where that budget should land in the Senate? This includes any other follow up, including budget execution and such a time when members of that county are supposed to appear before any Committee of this Senate on matters about how funds have been implemented. 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. Speaker, Sir, it is time for us, as Senators, to ask ourselves: After a budget is passed by a county, how shall it have a relationship with the amount that is allocated to that county by the Senate? Mr. Speaker, Sir, when we had the last meeting of the County Public Accounts and Investments Committee (CPAIC) with all chairpersons of Public Accounts Committees in the county assemblies, one of the issues that came out so prominently is that not less than 10 counties out of 47 counties reported that the budget that was implemented by the county executive is not the one that was passed by the county assemblies. Whenever a budget is passed by the county assembly, the executive withdraws it and implements another one. These are issues that must be addressed by this House, to ensure that we have a system that will hold county governments, especially the county executive, to account on how they implement their budgets. Thank you, Mr. Speaker, Sir.
Sen. Mutula Kilonzo Jnr., Sen. Faki and Sen. Prof. Ongeri. Kindly, proceed in that order.
Thank you, Mr. Speaker, Sir. This is a very important issue. I would like to bring to the attention of my colleagues here, maybe, the ones who have been in Parliament for long--- I remember a gentleman by the name Mr. Njoroge who was the Controller and Auditor-General at that time. He used to perform the same function. I recall meeting a lady in Germany whom they call the president and is an Auditor in the same terms as the Auditor-General. I wondered why we amended our Constitution to include a Controller of Budget (CoB). To some extent, I believe there is merit in that question. How can counties procure, put in a budget a certain item to purchase, do an infrastructure project and end up changing that concept when the money arrives in the county? There is connivance in the Office of the Controller of Budget and we must address it. The second issue that bothers me is that when I was young, I appeared before Sen. Mwangi Githiomi and Sen. Ochillo-Ayacko at that time, during the Public Investments Committee, and I was an intern. People used to fear the Committee of Sen. Mwangi Githiomi. When you stepped inside there, you were a victim. They treated you like a criminal. I just wonder why governors are comfortable with the Committee of the Senate. What is it that makes them so comfortable? It is a question that we must ask. The third one and last one; we want oversight funds. We elect nine Members to sit in a committee, but truth be told, they are not auditors and experts. Mr. Speaker, Sir, the next Senate must find a method, and I propose that we have a Senate Audit Office, where we can send people to check various counties, for example, Narok, Elgeyo-Marakwet and Makueni. Every Senator here is disappointed because our governors, who are on their second term, - with the way things are going on in this Senate - will walk away, go to the Isle of Man and celebrate that they were elected governors because we are never going to put them to task. I thank you.
Asante sana Mhe. Spika. Kwanza, ningependa kuwapongeza
kutoka Kaunti ya Narok kwa kuweza kuleta Petition yao katika Bunge la Seneti. Tulikuwa na Petition kama hiyo kutoka Kaunti ya Nyamira ambayo nafikiri 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.
inazingatiwa na Kamati ya Sheria na Haki za Binadamu za Bunge. Wakati fulani, wale ambao walikuwa wameleta hiyo petition, walikuwa wameamua kwamba waiondoe hiyo
kwa sababu walikuwa wameona kwamba malalamishi yao yamewezwa kutekelezwa. Mhe. Spika, matatizo yako katika mabunge ya kaunti na vile vile yako katika ofisi ya Auditor kwa sababu ile miradi yetu gushi ambayo imefanyika ama imedaiwa kufanyika, haingii katika ripoti ya Auditor. Kwa hivyo, ikiwa haikuandikwa katika ripoti ya Auditor, hakutakuwa na swali ambalo litaulizwa na Auditor kwa mfano: Kwa nini barabara hii ilikuwa inatakikana itengenezwe na haikutengenezwa? Mhe. Spika, ofisi ya Contoller of Budget pia inahusika katika mambo kama haya kwa sababu wao ndio wanajuwa pesa ngapi zimetolewa na ni kwa miradi gani. Kwa hivyo, mwisho wa mwaka, ile miradi gushi zote ambazo zimetengenezwa na pesa zikaliwa, hakuna hata moja inayotokea katika ripoti ya Auditor . Kwa hivyo, hii ni njia ambayo imepangwa mahususi ya kuweza kula pesa za kaunti. Hii ni kwa sababu hakuna njia ambayo unaweza kujua mpaka uwe unaishi katika eneo lile ambalo unaweza kuenda mwenyewe ukathibitisha kwamba ule mradi haukufanyika. Kwa hivyo, Bw. Spika, ile Kamati husika ambayo itapewa Petition hii ni lazima isafiri Narok ili iweze kuthibitisha kwamba hii miradi ni gushi na wale wahusika wote wakamatwe na washtakiwe. Asante.
On a point of order, Mr. Speaker, Sir. As much as this is a very important matter, I see that the Order Paper has more than 12 Statements and another Petition; we have a lot and it is already 3.00 p.m. Would I be in order to ask that we take the comments made or shorten the contribution, because it looks like we may not be able to finalize the business before us? We have quite a lot according to the Order Paper. That is my request.
Okay, I will just give a chance to Sen. (Prof.) Ongeri and Sen. Ochillo-Ayacko, and then we finish.
Thank you, Mr. Speaker, Sir, for this opportunity. This Petition has come at the right time and is a developing story because you must balance the revenue and expenditure aspect of the county governments. This is because you cannot spend what you do not have. You can also not spend if you have not put it in the development plan and budget, and if the county assembly has not approved these resources for that particular element of the expenditure that requires to be spent. If you carefully read the County Governments Act, it enumerates the steps that must be taken before you are able to do certain things in requiring authority to incur expenditure. If you read the Public Finance Management (PFM) Act, it stipulates the manner in which the resources available will be spent. More so, when you read the Public Procurement and Disposal Act, it clearly stipulates the procedure in which anything that must be procured must be done. We need to remind the governors to adhere to the procedure and the laid down law that has given them the opportunity to incur expenditure in a lawful manner. That is all we are asking of them because short of that, then they are liable for many other faults and punishment that may occur. 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 thank you.
Thank you, Mr. Speaker, Sir, for an opportunity to make a few remarks on this matter. First, I want to congratulate the petitioners for this Petition. It means that they are patriotic citizens, and they mind and care about utilization of public funds. It is sad that in this day and age, there are still issues relating to outright theft of public funds. If you study the trends the world over, in developed nations, you will find out that audit queries are in the nature of value for money. Counties and institutions do not have audit queries that relate to outright theft of public funds. This is a matter that ought to have been concluded by the Ethics and Anti- Corruption Commission (EACC) or the Directorate of Criminal Investigations (DCI). These people should have been in jail because it took place about six years ago. It is sad that it still continues. I hope that when we get a new Auditor-General, we will be focusing more on value for money and not on outright theft of public funds, because that is the era of primitive generation. Stealing public funds like that without doing anything, is something that should not have waited to come to the Senate; it should have been dispensed with by the line institutions that deal with criminal activities. Mr. Speaker, Sir, I am happy that this Petition has come here. I hope that we will use this to deal conclusively with people who have this kind of behaviour.
Hon. Senators, pursuant to Standing Order 232 (1), the Petition stands committed to the Standing Committee on Finance and Budget. In terms of Standing Order No.232 (2), the Committee is required, in not more that 60 calendar days, from the time of reading the Prayer, to respond to the petitioners by way of a report addressed to the petitioners and laid on the Table of the Senate. Thank you.
Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 5th May, 2020- Report of the Standing Committee on Finance and Budget on a Petition to the Senate by Mr. Edward Mwangi, concerning unpaid pending bills by the National Youth Service to contractors and service providers. Pursuant to Standing Order No.226 (1)(a) and 230 (2)(b) of the Senate Standing Orders, on 9th October, 2019, a public Petition to the Senate was reported by the Speaker on behalf of the petitioner; a contractor and a service provider, Mr. Edward Mwangi. The Petition was on unpaid pending bills by the National Youth Service to contractors and service providers. The petitioner drew attention of the Senate to the following: (1) That the National Youth Service engaged a number of contractors and suppliers who carried out their work diligently, especially during the Presidential directive on restructuring and rebranding of the NYS. 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.
(2) From 2013 to June 2018, suppliers and contractors supplied goods and services to NYS. These supplies and services have not been paid for, at the date of the Petition. (3) At the end of each financial year, since 2013 there was a promise to pay contractors and suppliers but the promise was not honored. (4) In the financial year ending 30th June, 2019, the President gave a directive on payment of all pending bills. However, during the last week of June, 2019, a list of service providers was released by the NYS, but most of the genuine suppliers and contractors were not among the firms to be paid. (5) That NYS suppliers and contractors had experienced grievous economic distress as a result of loss of hard-earned wealth and properties to auctioneers due to loans, death, medical conditions associated with stress, family break-ups and shattered irreparable livelihoods. The Petitioner, therefore, prays that the Senate investigates the matter with a view to ascertaining genuine pending bills and claims for verifiable works and services rendered and recommends that the payments be made without further delay, so as to ease the unbearable economic distress to the suppliers and contractors. Pursuant to Standing Order No.232 (1), the Petition stands committed to the Standing Committee of the Senate on Finance and Budget for consideration. Mr. Speaker, Sir, the Standing Committee on Finance and Budget, at a sitting held on 5th November, 2019 deliberated on the matter and resolved to invite the petitioners. At a sitting on 14th November, 2019, the Committee held a meeting with the petitioner, Mr. Mwangi, who was accompanied by other contractors and suppliers. The meeting resolved that the petitioner should urgently provide more information to enable the Committee to assess the Petition and respond to the Prayers. The documents requested were: (a) A tabulation of the name of the company, indication on whether a service or goods were provided and amount owed by NYS. (b) Company documents indicating claims like tender documents, evidence of supplies of goods and services and details of communication with the NYS and other stakeholders on the matter. Mr. Speaker, Sir, although the petitioner was required to expedite and submit necessary documents to the Committee, it is now almost six months later and he has not submitted the information required. The documents requested by the Committee are vital in conducting the investigation and facilitating response to the prayers of the petitioner. The Committee is inhibited from conclusively considering the matter due to the failure of the petitioner to submit the necessary documents. Aware of the provisions of the Standing Order No.232 (2), requiring the Committee to investigate and respond to the prayers of the petitioner and report back to the House the Petition within two months, the Committee resolved to bring this matter to a close and table its Report to the House. Mr. Speaker, Sir, I beg to lay.
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. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today Tuesday 5th May, 2020 - The Public Procurement and Asset Disposal Regulations, 2020.
Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today Tuesday 5th May, 2020 - The Fourth Progress Report of the Ad Hoc Committee on Covid-19 situation in Kenya.
Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today Tuesday 5th May, 2020: - Report on the Standing Committee on Finance and Budget on Consideration of the County Allocation of Revenue Bill Senate Bills No. 7 of 2020.
Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today Tuesday 5th May, 2020 - Report of the Standing Committee on Agriculture, Livestock and Fisheries on the Fisheries Management and Development (Amendment) Bill (Senate Bills No. 22 of 2019).
Next Order. 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. Speaker, Sir, I beg to give notice of the following Motion - THAT, pursuant to the Senate Resolutions made on 27th February, 2020 (Approval of Senate Calendar) and 14th April, 2020 (Alteration of the Senate Calendar), the Senate, pursuant to Standing Order 31 (3)(b) resolves to hold additional Sittings every Tuesday morning, starting from 10.00 a.m and ending at 12.30 pm, commencing from Tuesday, 12th May, 2020 until Tuesday, 2nd June, 2020.
Mr. Speaker, Sir, I beg to give notice of the following Motion - THAT, the Senate adopts the Fourth Progress Report of the Ad- Hoc Committee on COVID – 19 Situation in Kenya, laid on the Table of the Senate on Tuesday, 5th May, 2020.
Mr. Speaker, Sir, pursuant to Standing Order No.51 (1) (a), I rise to make a Statement regarding a matter that is presently before the Standing Committee on Health. As you may recall, on Tuesday, 25th February, 2020, the Senator for Makueni County, Sen. Mutula Kilonzo Jnr., M.P., requested for a Statement from the Senate Standing Committee on Health regarding the scaling-up of the Universal Health Care (UHC) Programme to the 47 county governments; In accordance with the Senate Standing Orders, the Standing Committee on Health sought a Statement from the Ministry of Health through the Office of the Clerk in a letter dated 26th February, 2020 and received a written response on 9th April, 2020. In summary, with regard to the information sought, the Ministry of Health responded as follows: (1)Regarding details of the Intergovernmental Participation Agreements (IPAs) entered between the national Government and county governments, the IPAs set out terms of understanding between the national Government through the Ministry of Health and county governments, which entail; (a) Human resources for health: The placement of 4,000 health workers on internship at Level 2 and 3 health facilities countrywide under the Public Service Commission 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.
Youth Empowerment Programme. Further, it entails the recruitment of 5,500 skilled health workers on a three-year contract for deployment to Levels 1 to 3 health facilities in counties; (b) Essential medicines and medical supplies: The provision of a Kshs10.5 Billion conditional grants to counties for the supply of essential medicines and medical supplies to all county health facilities through drawing rights at KEMSA; (c) Community health and primary health care services: The setting up of the full complement of community health units by counties; the recruitment of Community Health Extension Workers (CHEWs) by counties; placing of Community Health Volunteers (CHVs) on an agreed stipend of Kshs2,000; TOT training of community units by the Ministry of Health; provision of CHV kits by the Ministry of Health; and, the provision of technical support to counties by the Ministry of Health for establishment of efficient PHC services; (d) Basic equipment: The procurement of basic clinical and laboratory diagnostic equipment for county health facilities by the Ministry of Health at a total cost of Kshs1.5 billion; and, (e)Special Portable Medical Clinics: The allocation of two special portable medical clinics to all counties by the national Government for the provision of medical services in informal settlements and hard to reach areas. Regarding the financial arrangements, under the IPAs - (i) the national Government has committed to progressively increase the budgetary allocation to health as a proportion of the total Government budget towards the recommended 15 per cent, as per the Abuja Declaration within the next 4 years; (ii) counties are to allocate a minimum of the 30 per cent of their total county budgets to health; (iii) The national Government shall transfer monies earmarked for medicines and medical supplies to KEMSA and grant counties drawing rights; (iv) The national Government shall transfer the funds for basic clinical and laboratory equipment to KEMSA; and, (v) county governments are to ensure that funds for health including facility improvement funds are ring fenced at county level. Mr. Speaker Sir, as you may have already realized, the Ministry of Health response raises more questions than answers. Having closely analyzed the Statement by the Ministry, the Standing Committee on Health has raised several issues and concerns. Mr. Speaker, Sir, we note that the statement was sought before the COVID-19 outbreak. As such, to begin with, the Committee acknowledges that a realignment of UHC funds to match emerging priorities may have been necessitated at the Ministry of Health. As such, it is possible that the resources referred to in the Statement have since been channeled elsewhere. Mr. Speaker, Sir, notwithstanding, the Committee notes that according to the response given by the Ministry of Health, curative services have been prioritized under the Universal Healthcare (UHC) programme at the expense of more effective health promotion, prevention and interventions such as water, sanitation and hygiene. 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.
As you may further recall, in the 2019 Budget Policy Statement Report, the Senate raised serious concerns regarding the intended procurement of Community Health Volunteer (CHV) kits and basic equipment by the national Government on behalf of the counties. The Committee, however, notes that despite the concerns raised by the Senate in its report, budgetary provisions for the provision of CHV kits and basic equipment were nonetheless included in the Ministry of Health budget for the Financial Year 2019/2020. It is further apparent to the Committee that the Intergovernmental Participation Agreements executed between the national and the county governments are in essence retrospective, as specific provisions under the Innovations for Poverty Action (IPA), for example, the CHV kits and basic equipment, et cetera, had already been budgeted for under the Ministry of Health for the Financial Year 2019/2020 at a total sum of Kshs21 billion. Mr. Speaker, Sir, the Committee further takes issue with the fact that under the Constitution, the Ministry of Health is assigned policy and national referral functions while the provision of community and primary healthcare services falls under the functional domain of the county governments. However, based on the Statement by the Ministry of Health, the IPAs executed between the national Government and the county governments appear to transfer specified implementation rules and functions to the Ministry of Health in the provision of primary and community health services without any reference to Parliament or the county assemblies. It not only offends the constitutional and functional assignments set out between the two levels of government, but also represents an insidious assault on devolution as a whole. Mr. Speaker, Sir, while admittedly county governors may have indeed signed the IPAs, it must be noted that the governors do not equal devolution and devolution does not equal governors. As such, the future and fate of devolved functions cannot be left to county governors to decide. As demonstrated by execution of the IPAs, the risk to devolution is too high. While the Ministry of Health should continue to play its role in the development of appropriate policies and standards and guidelines, counties must retain their implementation roles and functions. The Committee further notes with concern an apparent attempt by the Ministry of health to sanitize the special portable clinics under the UHC programme. The special portable clinics that were first implemented under the Slum Upgrading Programme in the Financial Year 2015/2016, have been a subject of investigation by the Ethics and Anti- Corruption Commission (EACC) and audit queries by the Office of the Auditor-General. Based on this and other concerns, the Committee on Health has commenced investigations on the proposed UHC upscale and will be tabling a substantive report to this House with clear recommendations. Further to this, the Committee held a meeting with the Committee on Health, the Council of Governors (CoG) and Gov. (Dr.) Mohamed Kuti earlier today, on 5th of May, with a view of addressing some of the Committees concerned. The Committee is also set to meet the Cabinet Secretary (CS) of Health, Hon. Mutahi Kagwe, as it seeks 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.
clarification on matters that have arisen as a result to the response from the Ministry of Health. In addition, the Committee has scheduled meetings with Kenya Medical Supply Agency (KEMSA) and the National Hospital Insurance Fund (NHIF) via Zoom online platform over the next week as it seeks to get to the bottom of the issues raised. Mr. Speaker, Sir, further and of particular concern to the Senators, the Committee has written to the Ministry of Health seeking among others, copies of all Intergovernmental Participation Agreements that have been executed between the national Government and the county governments on this matter. Once obtained, copies of the IPAs will be circulated to every Senator for their reference and information. As I conclude, allow me to take this opportunity to thank the Senate Minority Whip, Sen. Mutula Kilonzo Jnr., for bringing this very important matter to the attention of the House. I beg to table the response from the Ministry of Health. Thank you.
Thank you so much. Next Statement under Standing Order 51 (1) (a) is from the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries.
Mr. Speaker, Sir, I have two Statements; I do not know which one to read. Maybe I will start with the one for locusts, then come to the one on coffee, with your permission.
Thank you, Mr. Speaker, Sir. As you may recall, at a sitting of the Senate held on 18th February, 2020, Sen. Wambua requested a Statement on the locust invasion in parts of the country, pursuant to Standing Order 47 (1) of the Senate Standing Orders. Noting that the locust invasion was a matter of national importance, threatening food security in the country, the Deputy Speaker directed the CS for the Ministry of Agriculture, Livestock, Fisheries and Co-operatives be invited to a meeting of the Standing Committee on Agriculture, Livestock and Fisheries to which all Senators were invited. The Committee met with the CS on Thursday, 27th February, 2020, where he assured the Committee that the Ministry was up to the task and briefed Senators on the Government’s efforts to control and contain the locust threat to the country, including, deployment of aircraft for spraying and surveillance, procuring of 28,000 litres of control pesticides, distribution of control equipment to affected counties, including vehicles and Personal Protective Equipment (PPEs), deployment of 500 National Youth Servicemen for locust ground control, among other initiatives, with the support and collaboration with 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.
development partners, including FAO Food and Agriculture Organization (FAO); 10 aircraft for spraying and 10 for surveillance, and to acquire and deploy 20 vehicles equipped with suitable sprayers for ground control of mainly the hatching hoppers. Mr. Speaker, Sir, to establish the extent of damage caused by the locust invasion and to establish the measures taken to mitigate the effects of the invasion, the Committee undertook county visits to Embu, Tharaka-Nithi and Samburu counties on Friday, 28th February 2020, the findings of which I reported to this House. At its 74th Sitting held on 22nd April, 2020, the Committee deliberated on the imminent second generation locust invasion, projected to be 20 times worse than the January, 2020 invasion. Noting the serious threat to food security in the country, more so, in light of the Coronavirus (COVID-19) situation, the Committee resolved to invite the CS of the Ministry of Agriculture, Livestock, Fisheries and Co-operatives to appear before it to address among others the preparedness measures in place to control the second generation locust invasion. The Committee met with the CS on Monday, 4th April, 2020 on the Zoom online meeting platform, where he briefed Senators on the Government’s preparedness for the continued invasion as follows- The Ministry has set up six operational bases at Turkana, Marsabit, Wajir, Masinga, Garissa and Isiolo. The Ministry has trained 30 master trainers, 502 national youth servicemen, 240 extension staff, and 300 community scouts for surveillance and ground spraying. The Ministry has six aircrafts for spraying and three for surveillance. The Ministry has deployed 16 vehicles mounted with sprayers for ground control. Plans are there to purchase 24 more vehicles. The Ministry has deployed a digital application, the E-Locust 3M Application, for reporting on desert locust.
The Ministry has set up a multi-institutional technical team drawn from the Division of Plant Protection, Kenya Agricultural and Livestock Research Organisation (KALRO), Kenya Plant Health Inspectorate Service (KEPHIS), Pest Control Products Board, Desert Locust Control Organisation for Eastern Africa (DLCO-EA), Food and Agriculture Organisation (FAO), University of Nairobi (UoN), International Centre of Insect Physiology and Ecology (ICIPE), and Centre for Agricultural and Biosciences International (CABI).
The Ministry has stockpiled 100,000 litres of assorted pesticides. The Ministry has mobilised further support from the development partners such as the FAO, the World Bank and the African Development Bank (ADB). The FAO being the knowledge leader in this field, it is about to commission an impact assessment survey to enable the Ministry and other partners decide recovery and livelihood restoration packages.
The Cabinet Secretary (CS) projected that by the end of June, 2020, the locust invasion shall be adequately contained internally, noting that the Ministry had no control over the threats of external swarms from neighbouring countries. In addition, following deliberations, the CS committed to provide a report on funds spent so far in the control of the locust invasion and to provide the Committee with status updates on a monthly basis until the threat is finally contained.
Mr. Speaker, Sir, the Committee is taking this matter seriously and shall report to the House periodically. 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 thank you.
Since that is work in progress, we will encourage you to continue updating the House. Kindly go to the next Statement.
Mr. Speaker, Sir, Standing Order No. 51 provides that a Committee Chairperson may make a Statement relating to a matter for which the Committee is responsible. In fulfilment of this provision, I wish to make a Statement in regard to the criteria for allocation of the World Bank funds for the improved production of coffee in the country.
Mr. Speaker, Sir, at a sitting of the Senate held on Tuesday, 21st April, 2020, Sen. Moses Wetangula, EGH, MP, requested a Statement on the criteria for allocation of the World Bank funds for the improved production of coffee in the country. Pursuant to Standing Order No. 47(1) of the Senate Standing Orders, at the sitting of the Senate held on Tuesday, 28th April, 2020, Sen. Wetangula rose on a point of order and raised concern on the possible disbursement of the funds to certain counties, to the exclusion of other coffee growing counties, prior to the scheduled meeting of the Standing Committee on Agriculture, Livestock and Fisheries on Monday, 4th May, 2020.
The hon. Deputy Speaker directed that any precipitate action, or action of any kind regarding the disbursement of the funds, be withheld until the matter has been considered by the Committee and the Senate. The Committee met with the CS on Monday, 4th May, 2020, on the Zoom Online Platform, where Sen. Wetangula was in attendance.
The CS briefed Senators as follows: (a) That following His Excellency the President’s direction that the recommendations of the National Coffee Task Force be implemented, the World Bank made a commitment to support the implementation of the coffee reforms. (b) That this was followed by the launch of a pilot project involving eight counties; Kiambu, Murang’a, Nyeri, Kirinyaga, Meru, Tharaka Nithi, Embu and Machakos. This was supported through the World Bank funds. (c) That the first phase of the World Bank supported coffee revitalisation project would focus on the eight counties and based on the outcome of these pilots, the programme will be upscaled and outscaled to all coffee growing counties. (d) That the pilots will be funded by the World Bank for Kshs1.5 billion and the county governments will also avail counterpart funds of up to Kshs500 million. (e) That the selection of the eight counties was guided by the following criteria. (I) Current production and farmers’ population. About 75 per cent of all the clean coffee produced and 70 per cent of the smallholder coffee farmers in the country are in the selected counties. (II) Alignment of coffee revitalisation to county priorities for agriculture development. In all the above counties, coffee is prioritised in the County Integrated Development Plans (CIDPs) as an intervention in addressing food security. 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.
(III) Other ongoing complimentary revitalisation initiatives such as value chain support programmes. The county governments have committed a lot of resources in addressing the challenges in the coffee sector. The programme will complement their efforts. (IV) Willingness by counties to inject additional investment of up to Kshs1 million to the coffee revitalisation project. (V) Potential for quick wins through productivity increase.
The national Government, through this World Bank supported initiative, will provide a catalytic push to have a major impact as the county governments have made major steps towards the revitalisation of this important sub sector.
Phase 2 of the project that is expected to begin in September 2020, shall bring on board other coffee producing counties. Since the project was initiated, the Ministry has involved the Council of Governors (CoG). During the launch of the projects, all the Phase 1 counties were invited and they all participated.
The World Bank supported coffee revitalisation programme will be anchored in two World Bank funded programmes, which are ongoing in the counties. Therefore, at the county level, these projects have functional implementation structures, which shall be used in the management of the projects.
At the national level, a technical advisory committee has been formed. The committee is made up of the relevant national Government institutions, the County Executive Committee (CECs) members of the implementing counties and a representative of stakeholder institutions.
The terms of reference of the committee are to coordinate and ensure efficient and effective implementation of the project and prudent utilisation of resources among others. The project implementation is subject to World Bank conditionality and normal audit processes. A concern was raised by the Senators present on the failure of the Ministry to adhere to Article 10 of the Constitution in the allocation of the World Bank funds, noting that the criteria used was unconvincing. It was noted that it was untrue that 75 per cent of coffee was grown in the eight counties and that Kiambu County could not be said to have high production as at least half of the county is currently under real estate. Mr. Speaker, Sir, in addition, counties such as West Pokot that had set aside approximately Kshs250 million for coffee revitalization programmes had not been included in the pilot phase of the project. The Cabinet Secretary (CS) asserted that there was no hidden agenda in the disbursement of funds. He added that the rationale was that if the funds were spread out, the impact of project would be very minimal. He requested that the project proceeds as it is currently to unlock funds for Phase Two. Following deliberations, the CS committed to bring forward the commencement of Phase Two of the project to July, 2020, and to table before the Committee the World Bank commitment evidencing the availability of funds for the second phase of the project. 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. Speaker, Sir, I also wish to inform the House that I am uncomfortable reading this Statement because my county is a beneficiary of these funds. However, the Statement is not about which county, but the rationale of the distribution of the funds. I thank you.
It is also work in progress, but I will allow Sen. Wetangula who asked to make a comment. Keep them brief. We will then hear from Sen. (Prof.) Ongeri, Sen. Wamatangi, then we close.
Mr. Speaker, Sir, this rigmarole from the Chairperson of the Committee, a man I respect so much, is very sad. When he was the Minister for Cooperatives, Sen. Ndwiga did a sterling job, visiting every area of this country, including Bungoma County. The CS is right that there is no hidden agenda in the disbursement because it is an open agenda. We can see it. He has deliberately taken World Bank funds to one region of the country. Yesterday, I participated in the hearing and the CS was completely unable to explain the basis for this skewed use of resources in our country. Coffee grown in Kisii, Nyamira, Bungoma, Trans Nzoia, West Pokot, Kericho, Nandi, Kakamega, and Vihiga counties is all brought and milled in Thika, hence the assertion that is false that 75 per cent of coffee comes from Central Kenya. It is our coffee that is milled in Thika that creates that 75 per cent. We demand that the Chairperson of this Committee, who has not given his conclusion or direction on the matter, stops the CS from disbursing these funds. Mr. Speaker, Sir, yesterday, I asked the CS: “How can you say that Phase Two is coming and you will fast-track and bring it forward, when you have no control over how the World Bank disburses its money at all?” Secondly, like I did say, in Kiambu County, for example, almost half of the coffee production has crumbled to real estate. On what basis are you saying that Kiambu County is growing more coffee than Trans Nzoia, Bungoma or Kisii counties? This impunity must stop. I consulted the Governor of West Pokot County. He has allocated Kshs250 million for coffee production this year, yet the county is not here. The CS had the courage to tell us that Tharaka-Nithi County has put Kshs50 million and that is why it is there. Where is justice in this? Mr. Speaker, Sir, we demand that if this House has to continue representing the people of Kenya in equitable distribution, benefit and fairness on the resource of this country, this programme must be stopped, and counties that produce coffee must be brought on board. Lastly, I also spoke to the Chairperson of the Council of Governors (CoG), Gov. Oparanya. He denies CoG ever being invited to send their County Executive Committee Members (CECs) for agriculture to participate in this programme. What the CS is calling CECs for agriculture are the CECs of his chosen counties to participate in a skewed, flawed, unfair, irrational, and unconstitutional process. We need help from this House for the country to benefit from resources that come to this country.
Sen. (Prof.) Ongeri, proceed. 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.
Thank you, Mr. Speaker, Sir. I thank the Chairperson of the Committee on Agriculture, Livestock and Fisheries for bringing us this brief report. The esteemed Chairperson knows very well that at one time, those of us when he brought up the coffee rehabilitation programme, the rules that need to apply to coffee, we went to every county. I remember the Chairperson, Sen. Ndwiga, travelling to Kisii and Nyamira counties. He went to the western part of Kenya, Kericho, Nandi, Vihiga, Kakamega, and Bungoma counties. It was quite clear. There was a rare hope that for once the coffee industry would be revived, because it is one of the most important cash crop economies that can be spread out throughout the country We do not have the pleasure and the luxury of developing horticultural farms. That pleasure is not with us. However, we have the ability to grow coffee in our respective regions. Mr. Speaker, Sir, I have no quarrel with the World Bank giving money to Kenya. In fact, we welcome it. However, I have a problem in rationalizing how this experiment, rather as it were, was only skewed to one region. The conclusion I can make is that this is one way of marginalization. We are the people’s representatives and cannot accept a situation where resources of rehabilitating one of our most export-earning crops in the name of coffee. One part of this country is being just blanked out, and it is not fair. As Sen. Wetangula has said, most of these coffee cherries and the other things were brought all the way to Ruiru in Thika in the interest that they will have a better machinery to process all these things for better coffee exports. We agreed and have no quarrel with that. However, why should a farmer be marginalized? That is the only earnings that they can get from coffee. Mr. Speaker, Sir, the tea industry is also on the downward trend. It is only the other day that we had the Ad hoc Committee led by Sen. Aaron Cheruiyot, and I was a Member of that Committee. I think Sen. Ndwiga was in that Committee too. We came up with a perfect solution on how to handle tea. Farmers had high expectations that if both coffee and tea were resuscitated, the economy of small-scale farmers would be improved. The other day when I spoke in this House, Kisii and Nyamira counties and the neighboring counties were extremely happy when this issue brought by Sen. Wetangula came to this Floor. Today, that answer is going to make them be very miserable. I request the Chairperson of this Committee to persuade the Ministry to go back and rationalize whatever pilot schemes that they are doing, so that we are able to get this country well represented. Phase two will also cater for some many other counties that have been left out. You cannot cramp that section alone in one area and then say that it is a pilot scheme and the next will come after 2022. That is an election year and that is a promise in the basket.
Let us have Sen. Wamatangi. Honorable Senators remember we are sitting up to 6. 30p.m and we are having Division to do in a short while, so keep it brief and short. 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.
Thank you, Mr. Speaker Sir. I will be very brief. I acknowledge that the concerns that have been raised by Members of this House are well placed and legitimate for any representatives of the people to ensure that the concerns of every Kenyan are addressed. There is none of us, especially those of us from coffee growing areas, who can pretend that they do not know the plight of coffee farmers in general. If there are farmers who have suffered, it is coffee famers. I am a witness because I go to their meetings all the time in Kiambu. These people live a miserable life from hand to mouth no matter how many acres of coffee one has.
I regret that my colleague, Sen. Ndwiga, the Chairperson of the Senate Committee on Agriculture did not invite me to that meeting. As one of the Senators from the coffee growing areas, I would have loved to be invited to that meeting so that we could also add value to the discussion. I pray that he invites all of us in the next meeting so that we can make valuable contribution.
Let me correct the misconception that half of Kiambu County which is an agricultural county largely is now under real estate. I need the House to appreciate that post-independence, all the people of Kiambu who were farmers rushed to adopting coffee farming because it was profitable. The nature of the farms we have in Kiambu are very small. Those who have both big and small farms went to coffee farming but because of the invite of real estate, a substantial number of people have abandoned coffee farming. However, the bulk of large-scale farmers in Kiambu who are still having their farms under coffee are very many. I want it to be clear and in the records of this House that majority of famers are still farming coffee.
Lastly, about five months ago, I was invited to another meeting. I would want to pass this information and also table documents in this House. I was invited by a company called
which has been contracted by the World Bank (WB) to do research with a view of supporting coffee farming in Kenya. I have the documents here which I was given at that meeting. My concern - and this is the controversy - is that the county of Kiambu and other counties in that section have been left out in this pilot project that is being done with a view to assisting coffee farmers by the World Bank (WB) and helping them market their coffee. The documents are here. I will share them with the rest of the Senators. I will table them and give them to the Committee.
Unless, in my view, the WB is carrying out two parallel projects--- This was one of the meetings that was held at the Kempinski Hotel. I was invited as a member of a coffee growing area. We could add value to this by asking: Are there two parallel procedures that even the CS was not aware of?
Sen. Omogeni is desperately looking for attention.
Thank you Mr. Speaker Sir, for giving me this opportunity. I want to go on record as fully agreeing with the sentiments that have been put forth by Sen. Wetangula. As the Senator of Nyamira, I have been bombarded by many questions from the many farmers who grow coffee in Nyamira. I remind the CS for Agriculture that in terms 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.
of square kilometers, the land we occupy in Nyamira may not be the same as the land in the county of --- So this idea of 75 per cent coffee coming from Central Kenya could be because of the land size. I know the CS for Agriculture. He is a colleague and a lawyer and a wise man. Wise men change their minds. He can read the mood of the House and see the sentiments of representatives of the people from Western Kenya and Nyanza. A mistake was made and there is time to correct it. It is not fair to go along with this kind of arrangement where all the counties from western Kenya and Nyanza have been left out. I make an appeal to the CS for Agriculture to review the decision that he made and take into account that farmers are suffering. We are going through this COVID-19 pandemic and there is desperation all over the country. This should even give him an opportunity to review his decision and think about the farmer in Nyamira, Bungoma and Kisii. We are speaking on their behalf. There is nothing about politics here. It is a matter of us wanting a process that is not only fair but is seen to be so. I urge the Chairperson of the Senate Committee on Agriculture to convince the CS for Agriculture to review his decision and ensure that farmers from these other regions also benefit.
I think Chairperson of the Senate Committee on Agriculture, you want to say something before we conclude.
I have listened to my colleagues. This is the truth of the matter. I am surprised because I was with Sen. Wetangula. I called him even in the morning to come and join us because we wanted to know the truth about this project. What has happened is the following: There are two funds. One was cotton the other was coffee. The Ministry, in their wisdom, decided that since all this is revitalization, they would start with cotton on the Western side and coffee from this other side. In other words, those of us from the Eastern side of Kenya were not benefiting from the cotton fund. Before we even go to the cotton fund, on the issue on the table on coffee, I wish my colleague would read that document. The amount of money is Kshs1.5 billion. If you were to spread it throughout this country, the effect will not be felt. Even as it is now, this money is not to revitalize coffee in coffee estates and places. It is specifically for cooperative societies. In my own county, out of 32 cooperative societies, only four will benefit from this program. If we were to spread that amount throughout the country, what then would happen?
I had promised that I will make a follow up today and as I was coming to the House today, I heard the sentiments of my colleagues from the western side. This morning I followed up with the Cabinet Secretary to know when the next project will start. Whereas I agree that if this World Bank project is going to be effective, we have got to use the money the way it is. Sen. Wetangula and I have been in the Government and we know that if there is a project which the World Bank has committed to fund, they will not release another tranche before you take the first one.
Mr. Speaker, Sir, this morning I was convinced that the Ministry will now be summoning the governors because it is the counties who are on the front line; it is the counties which must put in the counterpart funds. They are also going to summon the governors from the western side and the governors are aware. The County Executive 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.
Committee Members (CECM) Sen. Wetangula is talking about are the CECMs of the counties which are benefitting from the initial projects; those are the ones who were invited and not all CECMs. The CECMs from the western section will be invited once their counties have put in the commitment for these funds.
On West Pokot County - I even praised them today - West Pokot County has done very well. I was in charge of these cooperative issues, I travelled all over and I know the future of coffee is not the eastern side but Bungoma, West Pokot, Trans Nzoia and those other places. I am more than convinced that if we are going to have revitalisation and this project working it has to be national.
Mr. Speaker, Sir, secondly, on the cotton issue, those of us who come from the eastern side, we have not complained that we are not benefiting. I have not heard the Makueni Senator complain in the House that he is not benefiting from this Fund because he should. They also grow cotton in Makueni. As it is now, I am convinced beyond doubt that we need to have this program moving the way it has been set.
What is your point of order, Sen. Mwaruma.
Thank you, Mr. Speaker, Sir. I did not know what the report was all about,. So it would not be proper---
So, how do you comment on something you do not know?
Mr. Speaker Sir, it was before he started presenting, but now I am privy to what he is saying. My good friend Sen. Ndwiga, I want it to go on record that Taita Taveta County also produces coffee and the county is very viable when it comes to production of cotton. We are neighbours with the Senator for Makueni who has not complained. However, I am complaining because next to Makueni, we have Kishushe which is an area that is viable for cotton growing. We normally communicate through WhatsApp and some of this information should have been put in WhatsApp so that all---
Is that a point of order or point of information?
It is a point of order because information concerning all Senators is disseminated using WhatsApp. Instead, the chair used phone calls to Sen. Wetangula instead of putting it in a place like WhatsApp where all of us can see and benefit from it.
Sen. Ndwiga, can you conclude because we are running out of time.
Mr. Speaker, Sir, the issue of cotton is not about Mount Kenya east or west. We have a lot of cotton in Taita Taveta and Tana River which is down at the Coast. It was not in the first project and today, I insisted that the whole country must be incorporated. When I come to this Senate, I am talking to the country and the Senators who are the representatives of the people are all here. We cannot have a section of people that are not represented in whatever the Government is doing. As the chairperson of the Agriculture Committee, I commit to bring regular reports on this particular project. By June, we would want to know how far we have gone with the projects in western Kenya. I commit to this House that that will happen for both cotton and coffee. 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. Wetangula very briefly.
Mr. Speaker, Sir, the chairman of the Committee---
What is your point of order, Sen. Murkomen?
Mr. Speaker, Sir, to be fair to the House, the business that is ahead of us is a lot. We have two Bills; one which must be disposed of today. The Senate Business Committee had said today that the Statements will be read and there will be no debate. You have already allowed a large latitude in most of those Statements. In the interest of time, I request that follow up questions are taken to the committee.
I will allow Sen. Wetangula, then after that, time allowing, we shall come back.
Mr. Speaker, Sir, I will be very brief. The Senator for Embu is not being serious with the House. The World Bank does not choose counties where to put money. It is a flawed thinking in the ministry that picks one region and excludes all others and that is what we are protesting. Let us not mix the issue of cotton and coffee. We do not even know how much money there is in cotton. We have not seen any record or report here on cotton; we are dealing with coffee. Let us not muddy the waters; we want fairness. I expect my brother, the Senator for Embu, Sen. Ndwiga who carries a lot of respect from his previous engagement in coffee to bring fairness to the country. Do not justify the unjustifiable because, Sen. Malalah, Sen. (Prof.) Ongeri and everybody else here, we are not happy. You cannot pretend to be giving us an assurance here and then we smile away; we are not happy!
Sen. Wetangula, to be fair, the chair has committed himself. He has heard the sentiments and this is also an ongoing matter. I would ask that as you consult further with the Cabinet Secretary, please note the sentiments or the concerns that have been raised. What is your point of order Sen. Malalah?
Mr. Speaker, Sir, Sen. Wetangula was very clear as to what resolution he would want this House to adopt. He had suggested that this House adopts a resolution that the disbursement and the implementation of that project be stopped until this matter is resolved amicably. I wish this House can resolve to say that the disbursement of these funds be stopped until we resolve as a House.
For that to be done, there needs to be a Motion. There is a proposal that has been put forward which the chair has noted and when he gives the report, then we will decide on how we move forward. Sen. Mutula Kilonzo Jnr.
Mr. Speaker, Sir, Sen. Ndwiga mentioned that coffee is grown in Makueni. I have nine coffee factories in my own village. I am proposing, for good order, let him send the report and then we can follow up later and deal with this issue as we go along but also address issues which were raised by Sen. Wetangula and Sen Malalah. Thank you.
Noted. Next Order!
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What is your point of order, Sen. Sakaja?
Mr. Speaker, Sir, just for good order of the House, it will be good for you to tell us at what point we will go back to Statements. Right now, there are more than 5,000 people who are homeless in Kariobangi and this is really an urgent Statement. I know other Senators have Statements but for good order, it will be good for us to know when we will come back to that because we must speak to those issues to address those who currently, as we speak during the COVID-19 pandemic, are homeless because of demolitions that have happened in Kariobangi in Embakasi North Constituency.
I said after Orders Nos.10, 11 and 12, time allowing, we will come back to Statements that are urgent. I direct that the clerk reads the next Order.
Hon. Senators, these are the results of the Division: Ayes: 26 Noes: 0 Abstentions: 0 The “Ayes” have it.
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Hon. Senators, the results of the voting are as follows-
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. (Dr.) Mwaura?
Mr. Speaker, Sir, I have just received some concern from some other quarters saying that the Senate Majority Leader and the Senate Minority 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.
Leader are voting on behalf of Senators. If that is the case, I think the Bills from this House might be rejected by the other House. Since the Senators are here, would it not be in order for them to vote even when the delegations have been confirmed?
I think I gave guidelines. If that is the issue, I will give a further ruling in the next Sitting.
Mr. Speaker, Sir, I am equally concerned where Sen. (Dr.) Mwaura is sitting vis-a-vis where Sen. Halake is sitting. There is no distance in between them. It is in complete violation of the rules. I am actually more concerned about Sen. Halake.
Okay, let us proceed. These are the results -
I now direct that the Bars be withdrawn and doors opened.
We will now go to the next Order; Order No.13. Please bite that we still have Division on the County Allocation Revenue Act (CARA).
Mr. Speaker, Sir, I beg to move that The County Allocation of Revenue Bill (Senate Bills No.7 of 2020) be now read a Second Time. The House will recall that we passed the Division of Revenue Bill 2020/2021 and Kshs339.8 billion enabling it to be allocated to counties. This is made up of Equitable Share of Kshs316.5 billion as set out in the First Schedule to the Bill. The second is the conditional allocations from the national Government share of Revenue - Kshs.23.16 billion - as indicated in Schedule No.2 of the Bill. Third is conditional allocations as loans and grants from development partners totaling to Kshs30.2 billion as indicated in the Third Schedule. The House is aware that we are seized of the third generation revenue sharing formula which supposed to guide revenue sharing between counties, but this has not been 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.
finalized to date. The law under Article 217 of the Constitution requires that Parliament, by resolution of both Houses, adopts a new formula as submitted by Commission of Revenue Allocation (CRA). The House is aware that we have gone through that substantially, but because of the situation we are in today, we have not been able to finalise it. The County Allocation of Revenue Act (CARA) has been introduced as required under Article 218(b) of the Constitution, which required that the Bill be introduced two months before the end of the financial year so that counties can do their budgets. Mr. Speaker, Sir, Article 217(7) of the Constitution provides that a basis that has been approved by Parliament shall be binding until a subsequent resolution is approved. For us as a Committee, we are of the view that the second generation formula can still be used because the other one has not been put in place. The process thus required under the third generation is very rigorous because the third generation introduces different parameters. In fact, the parameters are very elaborate and as good as they are, we have not been able to finalise it. Before the onset of COVID19, we were planning to have a series of engagements with Senators and stakeholders and sessions to elaborate so that we can finalise the formula. Since we have not finalized, we are proposing as per Article 217 of the Constitution, the Bill that had already been approved by Parliament, that the second generation be utilised. As you are aware, the other part of the Bill is the issue of Nairobi City County and pursuant to Article 187(2) of the Constitution and Gazette Notice No. 1609 of February 2020, some functions of Nairobi County government as set out in part two of the Fourth Schedule of the Constitution were transferred to the national Government.
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. Sakaja?
Mr. Speaker, Sir, please, advise the Finance Committee Chair to sit down.
On a point of order, Mr. Speaker, Sir. Please, advise the Chairperson of the Committee on Finance and Budget to sit. No two Members shall be on their feet at the same time. Mr. Speaker, Sir, the Chairman of the Committee on Finance and Budget has raised an issue that I think truly needs your direction. The Constitution is very clear with 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.
respect to the basis for sharing of revenue. At this time, we have been waiting for the Third Generation Formula of revenue sharing since many of us feel that the second generation formula has been disfranchising our counties, especially counties that are populous. Mr. Speaker, Sir, before moving forward on this stage of this Bill, I want to ask that you rule on whether, despite the provisions of the Constitution and the fact that it is the same Committee that has sat on the formula for many months, we should proceed with this Bill. Mr. Speaker, Sir, I feel very strongly for the people of Nairobi City County, that we deserve a new formula. I know very many other counties know that it is not just a suggestion; the Constitution is clear about how long one formula should stay. We cannot benefit from them not doing their work of giving us a formula. Mr. Speaker, Sir, I want you to rule on whether we should proceed on this before we have the formula brought by the same Committee. Could you rule that the Committee within one week--- Even if they want to bring the same formula, let them do so and let us consider a formula for sharing revenue. There is no other more serious work that a Senator has apart from determining the manner in which our counties shall divide money. Mr. Speaker, Sir, I beg for your ruling on this matter before we proceed any further.
Sen. Olekina, kindly, proceed.
Thank you, Mr. Speaker, Sir. I would like to join my colleague, Sen. Sakaja, and express my dissatisfaction with the Committee. This is a very important matter. Right now, Narok County is receiving money based on a population of 850,000 people, yet we know that the people who reside in that county, based on the 2019 Population Census, are 1.1 million. The amount of money being divided for the people of Narok County is less than what they should get. Mr. Speaker, Sir, it is about time that we stopped rushing things and decide matters for the interest of the 47 million people of Kenya. The Commission on Revenue Allocation (CRA) has come up with a proposed formula, which I believe is what we should be discussing here, instead of hearing the Chairperson of the Committee on Finance and Budget, whom I have a lot of respect for, talking about the challenges that they have encountered dealing with the issue of the third generation formula. We cannot be setting the Constitution in abeyance. We need to sit down and discuss, so that when we divide money, it does not matter who gets what, but we are within the law. Mr. Speaker, Sir, I would like to request that stop the debate on this County Allocation of Revenue Bill until we are able to comply with the Constitution in terms of the third generation formula. I thank you.
Sen. Wamatangi, kindly, proceed.
What is your point of order, Senate Majority Leader? Order, Senate Majority Leader! Sen. Wamatangi is still on a point of order.
Mr. Speaker, Sir, I am on a point of order. My point of order is simple; that it is unconstitutional. Is the Chairperson in order to fail to live up to his responsibility and the mandate of his Committee, in terms of facilitating this House to be in line and compliant to the constitutional requirements of disbursing monies to our counties? Mr. Speaker, Sir, in that respect, I want to firmly join my colleagues in saying that the Committee must - they should - and this House cannot agree with the Committee, until they bring the formula that has been discussed here. We shall only pass the County Allocation of Revenue Bill based on a third generation formula; not any other formula, but the one that we have discussed. Mr. Speaker, Sir, we have had meetings---
You have made your point. Sen. Kihika, kindly, proceed. Senate Majority Leader, I will give you a chance.
Thank you. I also join my colleagues in restating almost the same thing. I believe very strongly that there is no reason we should proceed with The County Allocation of Allocation Bill based on the previous formula. This issue has been in the Committee on Finance and Budget for a very long time. I actually remember very many meetings last year, including many breakfast meetings that were called and cancelled, and never really upheld. So, we are wondering if there is mischief in bringing The County Allocation of Revenue Bill before bringing the third generation formula However, I have a lot of respect for the Chairperson of the Committee on Finance and Budget. Maybe there is a misunderstanding, but as a House, I believe we should not proceed until we have the new third general formula.
Senate Majority Leader, kindly, proceed.
Mine is just more or less on the way forward. Mr. Speaker, Sir, the issues being raised are valid and are the same. I did not just want to over repeat. My suggestion to you is, first, listen to the Chairperson with regard to why they have not brought the formula. Secondly, since there is usually no guarantee that the formula will pass in the manner each one of us thinks for their benefit---. It usually comes back here and is negotiated like we did last time. I would suggest the way forward that if Members feel that the formula must be used for this year, in whatever form we will have passed, we continue today with the Second Reading, with part of the contribution saying that it will be amended in the Committee stage to follow the formula. We should complete the Second Reading and before the Committee stage, sort out the formula first before we go and amend. If not, the 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.
next step is to advise the Chairperson of the Committee to withdraw, depending on the answer he has concerning the formula. However, the concerns are valid.
The Chairperson of Committee on Finance and Budget, can you respond before I make a ruling? Sorry, Sen. Orengo. Please, proceed.
On a point of order, Mr. Speaker, Sir. If there is a provision in the Constitution that is clear on the power and authority of the Senate, it is on the question of the generation of the formula. Every other action that is taken by other organs of State is dependent on the resolution of the Senate. If the Senate is not clear on that resolution, then every other action that follows consequentially is not based on a material that has been properly considered by the Senate. I believe that in times like this, when the county governments are being put against the wall on what they are doing about many challenges, and at the end of the day the question of the sharing of revenue and what goes to the counties is central--- We cannot proceed without abiding by that constitutional provision.
We have been complaining about what the other House does when they pass things without abiding by the Constitution. Now, we want to, for convenience, pass something because we are going to the Third Reading. The most dangerous phase in the deliberation in the House is the Third Reading. This is because in the Third Reading there is no debate. But at the point at which Senators can talk significantly and concretely on the issue of the formula is during the Second Reading. I plead with the Chairperson of the Committee. You have been doing a very good job, but on this question, where the Constitution is very clear, we do not share this power with any other authority. Other powers are shared. Please, on this one, come with what the Constitution demands and we shall agree with you if you persuade us, but not on the condition that we just pass and then go to the Third Reading.
What is your point of order, Sen. Sakaja?
On a point of order, Mr. Speaker, Sir, I am glad that my colleagues have been put on their toes and we are in agreement, majorly and again, as Sen. Kihika has said, this is with a lot of respect and high regard to the Chairman of this Committee. Fortunately, our Standing Orders give us a way out; in Standing Order No.32; Adjournment of the Senate: (1) A Senator may, at any time, for reasons stated, seek leave to move “That, the Senate do now adjourn”. Mr. Speaker, Sir, we can use this provision to adjourn debate on this Motion so that we can thereafter consult and agree on how the formula is brought to us. However, we can use this provision to adjourn debate on this Motion of this Bill.
Mr. Speaker, Sir, as I said, we must find a way forward. There is a better Standing Order than the one Sen. Sakaja has referred to. I am trying to get it; which I used last time to withdraw a Bill from the House. It was actually midway when I was moving it. That is not even the issue. 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.
However, on this particular issue, I want you to prepare the House on the issue of the formula, which is very important for all of us, if that is where we are going now, if we agree today that we withdraw the County Allocation of Revenue Bill (CARB) and deal with the formula first. First of all, the Chair and the Clerk must prepare a better Chamber for that debate because it cannot be delegated to 28 Senators. All 47 counties must be represented. Sen. Orengo has said as he has done that it is a very weighty matter; there is no one who will delegate to someone to say that this or that person will represent us. So, Chair, please give us the formula but during the debate of this formula and in future, of course, on issues that are of that nature or comparative level, it will be very difficult to designate 28 Senators.
You have not given an alternative Standing Order. You said that there was a better one.
No, I said that I will get it for you; if I do not give it to you, then the clerks will give you. But I will do so shortly. The main point that I was making was not about the Standing Order. The main issue, from my experience, when it comes to this formula itself, everybody usually wants to go on record about their county. The 47 counties must be in the Chamber when that decision is being made. It is very weighty, it takes five years and it has great implications on how resources are going to be shared. So, this is one of those issues that as a Majority Leader, I will not be comfortable to designate 15 Senators to come and deliberate.
Thank you, Mr. Speaker, Sir. I am a Member of the Committee on Finance and Budget and like everybody else has said, Sen. (Eng.) Mahamud has steered this Committee very well. The Committee has met with the Commission on Revenue Allocation (CRA), and we have gone through the formula. We have actually had a unanimous view on the formula. So, what we need and I agree with Members who have raised concerns that this is one singular most important constitutional assignment for this House, there is no other. This is a very important assignment because it is the only time that the relevance of this House rises to the highest notch; sharing of revenue. I want to urge my Chair, following what the Senate Majority Leader has said; it is very simple. Erect a dome at the Nyayo Stadium or Moi International Stadium, Kasarani, for the entire Senate to sit and deliberate on this important issue. This can be done very easily or take the entire plenary of Kenyatta International Conference Centre (KICC) or the National Assembly, which accommodates all of us so that, because of the importance of this matter and the constitutional budgetary cycle going on - I would even urge the leadership of the House - that this House can actually sit on Thursday this week and go through the formula. Once we approve it, then we move to CARA. I also share the view that certain counties including mine are not getting a very good deal, hanging on to the old formula. The work has already been done and I must say that CRA has done a very commendable job in bringing a new formula. 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.
Thank you, Mr. Speaker, Sir. I agree with the views of the Members, and of course, I must disclose that I sit in the Committee on Finance and Budget with Sen. (Eng.) Mahamud. Just like Sen. Wetangula has mentioned, the Report of this formula is already with us. I think that what needs to be done, like you have proposed, is that the information needs to be given to the Senators. Once the information is given to the Senators, then you can make a decision but with a variation. In the last formula, the Senate Committee on Finance and Budget invited all Senators, first into an informal setting. The reason is as follows; eventually, all these Senators, including Sen. Sakaja, whatever formula is adopted, everybody wants to know what the bottom line is. That is what we ended up with in the last formula; everybody looked at the bottom line irrespective of what the formula was saying. It will necessitate that, in fact, not only the Senate, including CRA will be required to do some elements of permutations. I will give an example if you allow me an extra minute. In the last formula, those who had proposed that population quota was too high at 45 per cent, there was a permutation where it was reduced to 43 percent. In the format of reducing population at that time, Nairobi City County went to the bottom and Lamu County went to the top. So, there should be an informal setting first and make sure that all these Senators can sit. The National Assembly is not enough for us to sit because at any given time now, they can only accommodate 70 Members. We cannot be 70, we must be more because we must involve CRA and possibly other stakeholders. So, we need a bigger field where Members can be given an opportunity to interrogate these issues vis-à-vis the amount that has been allocated so that when we come back to the county revenue formula that we have as a Committee and the understanding that we are moving this Bill as a Committee, we can then come to pass. Mr. Speaker, Sir, on disclosure, there is nothing that the Committee is hiding; only that the information should be given to all our colleagues so that a decision can be made. Thank you.
Thank you, Mr. Speaker, Sir. I heard the Senate Majority Leader say that we can debate and then later on have the amendments brought. That is the point that I want to speak to. From my feeling and the feeling of Members, I think that the meat, the substance of the debate is in what we are waiting for. It would not be an efficacious way of using time to debate in a way that will be altered completely when the substance is brought. So, I want to agree with Sen. Sakaja that this debate be adjourned so that when we see the substance; the meat, we can freely debate and conclude in an informed way on the way forward. Thank you.
Mr. Speaker, Sir, just finally, this Committee is one of the committees that does a very good job. However, my problem all 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.
the time with this Committee is that, they come at the last minute, that is, CARA, Division on Revenue Act (DORA) and now the formula, we must pass it. Let me use this word, which the Senate Majority Leader was using in some platform; you know, we are supposed to be the sages. Things do not just come to you at the last minute, then you rush through it and then you say that we agree. Mr. Speaker, Sir, on the question of the formula, I urge you to let us get the Report because I understand that there is a Report and even that Report is not being made available to us. I think that before we meet formally or informally; we must get the report in advance. Some people do not read it. That is justifiable in the sense that somebody has chosen not to read it. They always say that “the devil is in the details”. Let us have this Report in good time and we will support the Committee in its work.
I will give one minute to those who have not spoken.
Mr. Speaker, Sir, I will take 10 seconds. For the reflection of the record, I said that there is a better Standing Order for withdrawal. So, I report to the House that it is Standing Order No. 154 where the Mover of the Bill, on his own volition, can withdraw the Bill at any given time. I could not remember at that point in time.
Mr. Speaker, Sir, I agree that we need an informal session to freely discuss and ask the Commission to give us different formulas so that we can go through them. By the time we have the sitting, we would have agreed. I suggest that we have the informal session on Thursday morning and an afternoon sitting to pass it. That is my proposal.
Mr. Speaker, Sir, I agree with Sen. Mutula Kilonzo Jnr. that it is imperative for all Senators to understand how much money is going to their counties. This is the most important thing. The only way for us to understand is if the Commission on Revenue Allocation (CRA) walks us through each and every parameter, for example, for population and health. This is because there are those who believe that population is 18 per cent while health is between 17 to 22 per cent. What does that mean? I understand the predicament that the Chairperson of the Committee on Finance, Commerce and Budget is facing. There was that debate which we cannot run away from on whether we are looking at the size of the land or distance to service. These are things that all of us must understand so that by the time we go back to our counties, we will say that as a Senator, I have worked to bring a certain amount of money into the county. If we read the report the last minute and vote for it, we will not explain anything. So, this informal session between CRA and the Senators will help us to ask questions. For instance, if we decide health is no longer 17 per cent but 22 per cent, what impact does it have? Mr. Speaker, Sir, one other important thing for all Senators to understand is that these factors are not just brought in arbitrarily. They look at the Ministry policies. We need to understand how the CRA came up with this policy.
What you are now delving in is what will be looked at in the informal sitting. 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. Speaker, Sir, I appreciate the concerns of the Senators. I believe that what they have said is correct. The Committee is not hiding anything; it has been grappling with that formula. In fact, before Covid-19, we had planned for a three-day retreat for CRA to take us through the formula, the parameters and the data that they use. There are things, for example, hospital visits and facility gaps which we do not have with us and we wanted the CRA to bring before us.
I do not expect people to cast aspersions on our Committee that we are hiding something. We are not hiding anything. In fact, we wanted to have a two-day informal session to go through this together. I assure you that we told CRA to provide further simulations. This is because the parameters and percentage have been set---
On a point of order, Mr. Speaker, Sir.
What is your point of order?
Mr. Speaker, Sir, he has had his time.
Mr. Speaker, Sir, the Chairperson should not be worried. The Members of his Committee, that is, Sen. Wetangula and Sen. Mutula Kilonzo Jnr. have said that there is nothing to hide. So, we do not need to go through that. All that he needs to do is to agree with us and follow the Senate Majority Leader and defer the Bill so that we meet at a convenient time informally. Nobody has cast aspersions; everybody has said that you are good and are doing a good job.
Mr. Speaker, Sir, the HANSARD has recorded and I will be cleared. As the Chairperson of this Committee, we have done a lot for this House. It should be on record that I am not hiding anything. I know the thinking behind some Members. We will bring this. Give us the time and facilities so that we can go through it. For the time being, I will not go further. With the reasoning given by the Members of the Senate, I withdraw the Bill. It is not reasonable to go to the Second Reading.
We elect not to proceed further with this Bill.
Hon. Members, I direct the Clerk to facilitate an informal session within this week so that this matter can be discussed conclusively. By the time we discuss the County Allocation of Revenue Act, we have a new formula to use.
Mr. Speaker, Sir, according to your direction, if at all we meet, I request that we should have that Report in advance. We should not walk into the meeting and be given the Report to read as the meeting goes on. It is an ambush and not qualitative.
Chairperson, you will avail the Report to Members before then. 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.
Clerk, we will agree on when we are meeting informally.
Mr. Speaker, Sir, we want the CRA to take Members through the formula of all the parameters. So, Members should be ready. The Report will be submitted to us by the CRA then we forward to you. A week will be short. I will discuss with the Office of the Clerk to see how to go about it. Thereafter, we require this matter to go to the National Assembly. They must agree with it so that we have the formula done.
Mr. Speaker, Sir, if I heard right, Members of this Committee have said that the Committee has a Report. We are not asking for the CRA report. The Constitution is clear. Article 216 says that CRA recommends. The purpose of this Committee under Article 217 is to deliberate upon those recommendations by the CRA and do their report. This is because it is only the Senate that can determine the basis. In fact, without the CRA report, Sen. Olekina, for example, can write a formula and we will pass it. That mandate is ours. The Commission on Revenue Allocation (CRA) only recommends. Is there a committee report that we are getting? I think Sen. Mutula Kilonzo Jnr. was clear that the Committee already has a report. So, are we getting a committee report or a CRA recommendation?
Mr. Speaker, Sir, if the Committee had actually tabled a report that is the property of the House, that is where our discussion starts. Everything else is just additional information. I yield completely.
Mr. Speaker Sir, let me say this: We have no report. What we have is the CRA’s recommendation to us as a Committee, which they took us through two weeks ago. We will prepare a report now, but I think that by the time we come to the informal meeting, we need the CRA to take the members through their recommendations first. However, there is no report which we have actually finalized.
I think that the Committee can give whatever it has, whether it is a report or some draft, so that Members can go through, then the CRA can take the Members through it in the informal sitting.
Order, Hon. Members! We are not proceeding with the moving of the Bill under Order No. 13. The debate on the Bill is adjourned. We shall, therefore, resume the Second Reading after the meetings and consultations with CRA.
Mr. Speaker, Sir, I beg to move the Motion: THAT, pursuant to the Senate Resolution made on 27th February, 2020 (approval of Senate Calendar) and 14th April, 2020 (alteration of the Senate Calendar), the Senate, pursuant to Standing Order 31(3)(b) resolves to hold additional Sittings every Tuesday morning, starting from 10.00 am and ending at 12.30 pm, commencing from Tuesday, 12th May, 2020 until Tuesday, 2nd June, 2020. Mr. Speaker Sir, the Senate Business Committee felt like there are many Statements that are coming to the Floor. We also have a lot of other business and considering that we are sitting for only a day, it was necessary to have more time for Members to prosecute the Statements that are coming from the constituents and concerns that usually do not wait for a long period of time as has been demonstrated today by the many Statements that are before you. Since this is also a procedural issue and a very necessary change for this House to move forward, I would request the Senate Minority Leader to second, and also request the House that we do not deliberate on this one so that we can proceed to the more substantive issues. I, therefore, beg to move and request Sen. Orengo to second.
Mr. Speaker, Sir, I wish to second this Motion and abide by the wishes of the Senate Majority Leader in that we do not spend time on this. We have seen that in the last three weeks, other issues are emerging. We have been dealing with the Coronavirus (COVID-19), now there is the issue of floods, and there are other issues that may arise. Therefore, it is important that the Senate or Parliament as a whole, have more sittings in order to deal with these problems. Like today, if you look at the business that we are supposed to deal with, maybe we will not be able to cover even half of the business that is in the Order Paper. Mr. Speaker Sir, I support this and wish to second. Thank you.
Mr. Speaker Sir, I urge the Senate Majority Leader that the known sitting times of Parliament is 9.00 a.m. to 12.30 p.m., and 2.30 p.m. to 6.30 p.m. If we agree to sit on Tuesday, let us go by the norm of House sittings, because we have a lot of business. I have Motions of Adjournment to discuss the issue of floods, the issue of 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.
trucks on the Malaba border that are now queuing for 40 kilometers before they cross the border, and many others. I want to urge the Senate Majority Leader to shift the time from 10.00 a.m. to 9.00 a.m., so that we do not lose this valuable one hour, to cover as much business as we can. We agree to sit on Tuesday morning and Tuesday afternoon, but let us not lose that critical hour, because precedence tells us that Houses of Parliament in this country always sit from 9.00 a.m. to 12.30 p.m. and 2.30 p.m. to 6.30 p.m.
Let that, therefore, appear as an amendment.
Mr. Speaker, Sir, I think that the sentiments by Sen. Wetangula are justified, but let us take it in its stride. Originally, we had said that we are going to meet until 5.00 p.m., but we have amended that as time progressed. I think that the Motion can be passed as it is, so that next week we meet at 10.00 a.m., but the following week the appropriate amendment can be made so that we meet at 9.00 a.m. in the morning.
I think that in the interest of time---
I can live with that.
Next Order. Clerk, let us go back to Statements. Sen. Sakaja.
Thank you very much, Mr. Speaker Sir, for your very kind indulgence on this matter. I would like to request a Statement. Pursuant to Standing Order No.48 (1), I rise to seek a Statement from the chairperson of the Standing Committee on Lands, Environment and Natural Resources on the demolition of Houses that has left more than 5,000 residents of Kariobangi North Ward in Embakasi North Constituency homeless. This is an exercise that is totally inhuman, ill advised, and executed at the wrong time without even giving reasonable notice to the residents to vacate. It is sad to note that despite a court order that was issued stopping the demolitions until the case is heard and determined, government agencies have acted with impunity and evicted 5,000 residents out into the cold and the rain during the COVID-19 pandemic. It is completely incomprehensible as to why anybody would be in such a rush to render thousands of families homeless at such a time when we are facing a pandemic and citizens are being urged to stay at home. The Government is contravening its own guidelines by removing those homes where those people would stay in. In as much as we support the repossession of public land, proper humane methods must be used. Those 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.
affected by these demolitions are the most vulnerable in our society and they deserve protection from the Government. Mr. Speaker Sir, in view of the above, I would like to request the Chairperson, in his response, to address the following:- (1) Give us a detailed report explaining the circumstances that have led to eviction of the residents of Kariobangi Sewerage Area in Kariobangi North Ward, because we know about the other demolitions that are being planned. (2) Give a report on all the land in Nairobi City County that is officially mapped as public land and road reserves and tell us where else these people intend to demolish so that we take care of our people. (3) Outline the mechanisms that have been put in place to ensure human rights of innocent residents are not infringed upon during such exercises. (4) Give the status of any legal action taken to charge Government officials involved in illegal allocation of public land in Nairobi City County. (5) Explain how the Government is going to compensate the affected residents, take care, and cushion them. Mr. Speaker, Sir, the Chair should note that today the Government announced that there are 29 COVID-19 cases just five kilometres from where those people have been evicted. We need to know the urgency of leaving people out in the cold at a time when they have been restricted because they cannot even go to their rural homes if they want to leave Nairobi. Mr. Speaker, Sir, kindly direct that we get a response in a week.
Mr. Speaker, Sir, time and again, this Senate has been firm on issues that affect the common mwananchi. I, therefore, congratulate the Senator for Nairobi for coming up with this Statement. I watched with awe and shock the event of demolition. It is not just in Nairobi alone because this has been happening in other parts of the country for a long period of time. We need to remind public officers that the fact that we are facing a pandemic does not mean there is suspension of human rights, the rule of law, and that persons holding public office are not going to be held accountable for their actions under their departments or dockets. Therefore, so that this Senate can be taken seriously, I think even one week is long. The Committee must act immediately, so that by tomorrow, they update this House about the progress, even online. We want to see action being taken. The Committee should summon the officers involved to appear before them tomorrow and tell the public the remedial actions they have taken. As I speak, Sen. Sakaja knows that his county has been militarised; it is no longer a civilian government. Nairobi is now a military county, something I would have never imagined when we passed the Constitution of Kenya, 2010. It is shocking that active military men who are supposed to operate in barracks and on borders of Kenya are running civilian governments, yet Members of this House are sitting here ululating, clapping and cheering. When functions of Nairobi City County were handed over, I made a Statement here. However, the newspapers reported that I am so and so’s man. I want to remain 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.
consistent. The militarisation of a civilian government in a county government is the worst form of violation and overturn of our Constitution. I want to warn this House. You may not agree with the Governor or the leadership of Nairobi City County, at the moment. Tomorrow when we become governors and a worst president is in office, all our counties will be militarised and taken over by force. It must be known by the people of Kenya that I, Kipchumba Murkomen, am totally opposed to the manner in which Nairobi is being run by military men and many more being seconded to this County. What the hell is happening in this country? What is going on? As I said outside this Chamber, the authority of the Senate and Parliament must be restored and truth and justice must be seen. Sen. Sakaja, you may be happy with the transfer of functions but as long as you continue asking questions here against the military men, you should know that their place of trial is a court martial and not the court of public opinion. Therefore, we must fight for the management of Nairobi City County in a manner that is responsive to our Constitution and civilian rule.
I can see a lot of interest. So, let us limit it to three minutes. We will have Sen. Mutula Kilonzo Jnr. then Sen. Olekina before we hear from Members from this side.
Mr. Speaker, Sir, what is happening in Nairobi, particularly regarding the evictions is a violation of human rights. What is happening in Nairobi in the middle of a pandemic is actually an international crime because those people are staying out in the cold and mixing with people who they do not know whether they are infected. Something is wrong with this Government. The Coalition for Reforms and Democracy (CORD) needs to find out something about this Government. There is something wrong about the way they treat human beings as if this Government was elected by cows and goats. I wish I was in Government because the majority of the complaints are from those in the Government. What are we people seated on this side supposed to do when the majority of the people who issue complaints are sitting on the majority side?
On a point of order, Mr. Speaker, Sir. Apart from the point of order on relevance, because I am talking about people who are homeless, every Senator in this House, whether on the majority or minority side, are supposed to oversight the Government. I do not know why Members of the minority side are cheering. We are also oversighting and nobody complains. This is not a House of complaints. It is a House of oversight. Whether you are in the Jubilee Party or the National Super Alliance (NASA), let us oversight the Government.
Let us not lose focus. Proceed, Senate Majority Leader.
Mr. Speaker, Sir, as the Senate Majority Leader, I have said over and over again, that this House is called the Senate. It is not the “Government of President Uhuru Kenyatta” or the “Executive.” 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.
All over the world, whether you are elected by the party that forms the Government or not, your responsibility is to oversight the Executive. In many counties, including mine, there is no minority side. Do you want to tell me that there is no oversight of Elgeyo-Marakwet County because everybody was elected on Jubilee Party? Please give us a break! We are Parliament and everybody here has a responsibility to oversight the Executive because we are not the Executive.
Proceed, Sen. Mutula Kilonzo Jnr.
Mr. Speaker, Sir, the statements I am making are bitter, but I have to make them for them to understand that there is a reason why we are the minority and why there is the majority. That said, there is no difference between what happened in Elgeyo-Marakwet where people were abandoned after the mudslide; there is no difference about what happened in Solai when people died; and there is no difference about what is happening in Nairobi. All of it is the same. We have a Government that does not value human beings. They have power and power is sweet. It is sweeter and it is concentrated. Power corrupts and it has corrupted. I agree with Sen. Murkomen that we cannot wait for a week. Children are hungry and it is possible that nobody is going to offer any of the landless people accommodation. It is sad. Could somebody wait for another day to do this? Therefore, the answer must come immediately. There is nothing that prevents the Senate Committee from getting Personal Protective Equipment (PPE) tomorrow and going to Kariobangi. If we are serious, we must be seen where these things are happening. Let us go together with Sen. Sakaja and find out where the people who have been evicted slept, where they get food, and where the children go for the most simple basic human dignity such as toilets. Mr. Speaker, Sir, recently I mentioned the Book of Revelations. Sen. Ochillo- Ayacko told us where the Book was written.
When judgment is finally written about this Government, I am telling you only the Book of Revelation is going to tell you; there will be gnashing of teeth. There will be a bottomless pit for members of this Government. Thank you.
Proceed, Sen. Olekina, then Sen. Halake.
Mr. Speaker, Sir, I am ashamed to be in this House during this period. We are completely failing. Human beings are being terrorized and stigmatized even during the Holy month of Ramadan. I am not a Muslim, but I sympathize with the people who were evicted. It is about time that we say ‘no’ to the executive. I am completely against the militarization of this county called Nairobi. What is happening is against the Constitution. Article 187 of the Constitution is clear on the issue of transfer of functions. I am so glad that even today we suspended debate on County Allocation of Revenue Act. Whatever is driving this move of demolition of houses which I can only sum up as commodity interest versus community interest, must come to an end. 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. Speaker, Sir, this Senate must come out very clearly and tell the executive that what they are doing is evil. It is completely abominable. Some of us on a daily basis, our Mpesa savings are empty because of the amount of money we load and send to the village. What about the people who live here? I request that the Committee and the entire Senate must come out and audit this Government.
Order, Sen. Malalah! Observe the social distancing please.
Mr. Speaker, Sir, they must call this Government. Whatever interest or drive that is moving these people to abuse human rights of individuals who live in this county must come to an end. I would request each Senator that tomorrow let us go there and stand with those Kenyans. They need us now. All these commodity interests will mean nothing during this COVID-19 period. Let us respect human beings.
Proceed, Sen. Halake.
Mr. Speaker, Sir, thank you. I do not want to belabor this, but the gross violation of the rights of the most vulnerable in our society at a time like this cannot be gainsaid. One of the things that I have observed is the fact that there is no consequence to violation of rights in this country. Even if we go, we might be seen to have reacted to it, but as long as those people go without accounting for the things they have done, the duty bearer for this is Government or executive. Be it the Solai case or other gross violations, we have not seen consequences. So, how different is this going to be even if we all go there? Sen. Sakaja, congratulations for bringing it. We have a thematic area under social justice and human rights even in the Adhoc Committee on COVID-19 in Kenya. These people have been exposed to the Ad hoc Committee as well. We could join hands with the Committee on Land, Environment and Natural Resources where I sit and make sure that we bring the people to book and hold Government accountable. Mr. Speaker, Sir, the issue is that there is never a consequence. When is this House going to achieve a situation where gross violation of our Constitution and the rights of our people get a consequence for what they perpetrate? We are looking like we just want to go there. Let us see what action will ensure that people pay for these violations.
Sen. (Dr.) Mwaura.
Thank you, Mr. Speaker, Sir. Since people started wearing masks, I think they are speaking from both ends of the mouth because some sound must come from somewhere. Who is speaking here really? By the end of the day we are living in very interesting times. The moment COVID-19 came and there is no official opposition then you are hearing what Meyers Arthur calls contradiction in the womb of the people. That the people around here are the ones who are complaining. We must also legislate maybe in future that you should always have an official opposition so that Government must not speak against itself.
What is your Point of Order, Sen. Orengo? 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. Speaker, Sir, Sen. (Dr.) Mwaura cannot get away with this. He is living in an age which is gone. The official opposition existed at the time when we had a parliamentary system. We now have a presidential system where the Senate as Chamber is a distinct organ of Government. The minority and majority are supposed to put the Government of the day in check. The executive is not in this House. In fact, Sen. (Dr.) Mwaura once used to associate with the official opposition when we had a parliamentary system. However, when we came to the presidential system, he for very good reasons left the party that he used to support. I agreed with him because there was no longer an official opposition. There was only a minority and majority and no executive in the Chamber. Is he right to say that there is no official opposition when I know he has been serving that role quite well? Mr. Speaker, Sir, when the issues of Kiambu County came here, he took a very strong stand. He was being cheered out in the streets there. I saw Sen. (Dr.) Mwaura for the first time being carried shoulder high and he seemed to enjoy it.
I had never seen him dance, but I saw him dance in front of Parliament. Continue doing that because you are part of the organ for oversight and putting the executive to book.
Sen. (Dr.) Mwaura, proceed.
Mr. Speaker, Sir, thank you very much. My senior and elder, Sen. Orengo who I have admired since my childhood has elucidated very well the role that we are supposed to play as a Parliament. Look at Socrates when he was criticizing Plato in his Republic. He talks about the rule of law that is executed by the elite as the justice of a band of robbers. That is what we are seeing here in Kariobangi. The rule of law requires that you should execute and secure property and contracts. Whose property is this that is being secured during a global pandemic? Where is the security of the person that you fear not to be killed when you are walking in the streets of Nairobi? Mr. Speaker, Sir, the other day we heard Gov. Sonko saying that he did not know what he signed. I think I saw Sen. Sakaja there also. I am also surprised. In fact, when you are directing where this Statement should go, it should not to the Ad hoc Committee on COVID-19, because it will go back to Sen. Sakaja. By the end of the day, we must also---. You made your bed; sleep on it.
Mr. Speaker, Sir, on a Point of Order.
What is your Point of Order, Sen. Sakaja?
Mr. Speaker, Sir, it seems as if a certain spirit - I am not sure if it is holy - has descended upon Sen. (Dr.) Mwaura. For the record of the House, which is this place where he says he saw me? I have not attended any signing of any transfer unless he thinks I look like someone. In fact, one Member currently in the House is better placed to say who was in that function. I was not there. My sentiments on the transfer were made in this House and I 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.
still stand by them. We are talking about the people of Nairobi County. May he substantiate or withdraw that allegation.
Let us make progress. Proceed. Sen. (Prof.) Ongeri.
Mr. Speaker, Sir, the reason I am saying that is for the record of this House. If what he is saying which is not factually true stays on the record, ten, twenty or thirty years from now, somebody will assume that what he has said, which is manifestly wrong, is what happened, which is not true.
Sen. (Dr.) Mwaura, you want to clarify whether you are sure of what you are saying or withdraw.
Thank you, Mr. Speaker, Sir. I am very sure Sen. Sakaja supports the best interests of Nairobi City County. I am with him in ensuring that we, as a House, stand with the people of Kariobangi and we must defend them at all cost. To the extent, maybe a caricature of himself appeared to have been in the signing ceremony, but I stand guided.
No! No! It is a very straightforward question. Are you sure that you saw him or not so that we make progress? It is as simple as that.
Mr. Speaker, Sir, you were privy to the signing ceremony. So, I stand guided as to who was present.
Order! As far as I know, he was not there. If that is what you want me to say.
Mr. Speaker, Sir, I stand guided.
Mr. Speaker, Sir, I did not ask him to be guided, but to either withdraw or substantiate. This is not Ruiru Market. He should say matters of fact.
Sen. (Dr.) Mwaura, can you withdraw or substantiate.
Mr. Speaker, Sir, Sen. Sakaja should not lose his cool. He is known to be a sober debater. Since you have confirmed that he was not there, I withdraw. However, I will continue to support him on the crisis in Kariobangi South. I kindly ask him to remain sober.
Proceed, Sen. (Prof.) Ongeri.
Thank you, Mr. Speaker, Sir. I am very amazed because Sen. Sakaja has brought an issue of a humanitarian crisis which is affecting some parts of this country into this House, but some of us have hijacked it and brought in very erroneous issues at this stage. For instance, in my county of Kisii, yesterday there was a landslide that affected many people. It destroyed homes and property in Bomachoge-Borabu. You know there, since you were an administrator. People are already out there. This morning we were grappling with the issue of feeding them. Therefore, when Sen. Sakaja brought this issue of Kariobangi South, I empathize with the people who are out there. From my perspective as a professional what is going through my mind is that, these people are in the cold and exposed to malaria. They are exposed to COVID-19 because they may not be able to observe social distance. They are going hungry. They do not have clean water and descent latrines. So, the public health aspect of it is out of hand. 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.
This House should be serious enough to address a crisis. Right now as I speak, people living along River Nyando which burst its banks are suffering. The other day, I saw people in Budalangi in that kind of circumstance. Recently, we all saw the effects of landslide in Elgeyo- Marakwet and some parts of the former coast province. My take on this issue is that rather than some of us bringing our political sentiments, which are allowed here because this is a House of debate, we confine our remarks on human beings who are suffering in Kariobangi South. We should request the Government of the day to take a humanitarian angle and make its presence felt rather than eviction element. They should look at these children and poor people who are suffering. It should assist them on how they will get their daily meals and blankets to cover themselves. It can deal with the land issue in a different forum.
Asante sana, Bw. Spika. Kwanza, ninamshukuru ndugu yangu Sen. Sakaja kwa kuleta jambo hili. Cha muhimu zaidi ni kwamba kukitokea shida kama ile niliyoiona katika sehemu fulani ya Nairobi ambayo ameitaja, ni jambo la kusikitisha kuona watoto wachanga, akina mama na vijana wakihangaika sana. Niliona kama ni kitendo cha unyama ambacho hakijatendeka katika taifa hili; kuona mama na mtoto wakitupwa kando bila kujali kilicho ndani ya nyumba. Mali inatupwa na kuvunjwa. Hata sufuria ambazo pengine wangeweza kupikia baada ya hiyo ghasia, nazo pia zinatupwa. Hao Wakenya wenzetu ambao hata kama wameketi kwenya ardhi ambayo si yao, si vizuri kufurushwa kama kwamba hawalindwi na sheria zetu. Kuna wakati inatakikana tuweke sura ya ubinadamu katika utendakazi wetu, hasa polisi ama kukiwa kuna amri ya kwenda kuvunja makao fulani. Inatakikana tuone ya kwamba hata ikiwa hayo yatafanyika, watoto, akina mama na vijana wadogo wanaokwenda skuli hawataathirika. Ni picha mbaya kuona vitabu vyao vikiloa maji na kutapakaa kila pahali. Wakati mwingine mbinu zao za kujikimu zinaharibiwa na hata wakitolewa kwenye makao hayo hawateweza kuendelea na maisha yao. Waswahili walisema kwamba mwenzako akinyolewa, nawe tia kichwa chako maji. Nilikuwa katika lili hili Bunge na Sen. Sakaja akiwa hapa na nikasema kwamba maeneo ya Mtwapa watu wanavunjiwa nyumba, wanateswa sana na kutupwa nje; mali inatupwa pande zote kwa sababu ya bwanyenye mmoja aliyedai kuwa ardhi hiyo ni yake. Baadaye mnakuja kujua kwamba hiyo hati miliki aliyonayo ni bandia. Wale watu waliofurushwa, watafanywa namna gani na yeye alikuwa na amri ya kortini? Ubinadamu ni kitu muhimu sana na Serikali ni lazima iangalie. Wakati huu wa COVID-19 ni mbaya. Sio wakati wa kuchukua hatua kama hii. Huu si ugonjwa wa kucheka. Kila mtu ulimwengu mzima anauogopa. Ni jambo la kuzingatia sana kama Wakenya. Si kuwadharau Wakenya wenzetu kwa sababu wameketi mahali na kuwatoa kwa sababu tuna uwezo. Lazima Serikali ikomeshe mambo kama haya kwa wakati huu na iangalie mambo ya ugonjwa kwanza. Bw. Spika, la mwisho ni kwamba, wale watu wakati huu wanahitaji dawa na chakula. Wanaishi hapa Nairobi na ni Wakenya. Ni wagonjwa, wanalala barabarani, kwenye misitu na maeneo ambayo hayafai binadamu ama mnyama yeyote kulala. 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.
Langu ni kwamba, mkondo uliochukuliwa na Serikali kuwafurusha watu hapa Nairobi ndivyo ilivyo Kilifi. Juzi wametoa Malindi nzima wakapiga watu kila mahali. Wamenunua mijeledi ya kuchapa watu. Sijui ni sheria gani katika Serikali hii inasema polisi sasa wanaweza kutumia mjeledi kuchapa Mkenya mwingine. Ni lazima heshima iwepo. Mkenya ana haki ya kuishi hapa na kuheshimiwa.
Let us have Sen. Malalah and then Sen. Dullo.
Thank you, Mr. Speaker, Sir. I stand to support my distinguished cousin, Sen. Sakaja---
I thought you were cautioned about relatives and ranking them whether they are distinguished or not.
I stand guided.
I have also noted most of them are not even your relatives. Be careful. Proceed.
Mr. Speaker, Sir, I stand to support the Senator of Nairobi for bringing out this matter. I watched and read it in the media and I was perturbed. I was perturbed after seeing this matter in both print and broadcast media. The intent might be right, but the timing is wrong. We are all alive to the fact that we are fighting with the COVID-19 pandemic. These families are left in a catch-22 situation, where both “yes” and “no” are wrong for them. They have been kicked out of their houses. They have no shelter and yet today at 7.00 p.m. we expect them to be in their houses because of the curfew. Where will they be during the curfew hours? Mr. Speaker, Sir, Nairobi is under partial lockdown. Most of these people come from the rural parts of Kakamega, Bungoma, Busia and Siaya. Since they have been evicted from their houses in Nairobi, do we expect them to travel back to their rural homes? We exist in a dispensation where even the Government disregards the rule of law. The Chief Justice recently issued a circular stating clearly that he has suspended execution of any court order. I do not know why the same Government defies the direction given by another arm of the Government. We have very many vulnerable cases in Kenya, but we have Government officers who do not have a sense of humanity. We have seen people suffering in constituencies like Matungu and Mumias West because of the floods. At the same time, we have seen Government officials spending Kshs4 million on teas. This Government has misplaced priorities. Lastly, in as much as we are condemning the Government, I want to commend them on the issue of the Ruai land. They did the correct thing, but did not handle the matter conclusively. Repossessing the Ruai land is not an issue, but we want to know who the grabber was.
Are you asking another question? You are digressing now.
Mr. Speaker, Sir, it is a matter related to evictions and I am free to comment on it.
Your time is up. 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. Speaker, Sir, I am finalising. On the Ruai issue, I want the land grabber brought to book and charged in a court of law. Repossessing land from a ghost will not help this country because the same grabber will continue grabbing other parcels of land. If we have repossession of Government property, we must be given details as to who the perpetrator or thief of the said parcel of land is.
Sen. Dullo, then we will have Sen. Omogeni.
Thank you, Mr. Speaker, Sir. I wish to support this Statement. We, as a country, have done so badly in terms of evictions. I do sympathise with the Committee on Lands, Environment and Natural Resources in this House despite the fact that the Chairperson is active and vibrant on so many lands issues that are brought to this House. Do we not have legislations and regulations in terms of how evictions are conducted? It looks like some people are violating the rights of individuals and legislations. People are evicted left, right and centre. Evictions are done in favour of the rich against the poor. This is very wrong. Mr. Speaker, Sir, a good example is my county. I know that the Committee on Lands, Environment and Natural Resources has a matter before it concerning Isiolo County which has not been resolved. Currently, you will find people coming with title deeds. There are arsonists who are actually individuals’ houses in a place called Kambi ya Garba in Isiolo County, so that people can vacate those lands and they take over. We, as a country, must review how eviction is carried out. Secondly, we are exposing these people to a lot of danger. They are in the cold right now and do not have anywhere to go. There is the risk of contracting COVID-19. They do not have food and jobs. This is a very serious matter. Thirdly, we have an organisation called Kenya National Commission on Human Rights (KNCHR) that needs to look at such matters. I am appealing to KNCHR if they are listening to the Senate that tomorrow they must be on the ground to investigate what happened and make sure that the people are settled, once and for all. As far as the Senate is concerned, the Committee on Lands, Environment and Natural Resources should be sitting from tomorrow to investigate this matter and make sure that Kenyans are safe.
Sen. Omogeni, then Sen. (Prof.) Kamar.
Mr. Speaker, Sir, I join hands with Sen. Sakaja and congratulate him for bringing this issue to the attention of the House. As a leader, I want to say pole to the people of Kariobangi for the very inhuman acts that have been vested on them. We are living in very extraordinary times and anybody in Government should exercise a lot of caution when passing any decision. Our courts of law have stopped any form of enforcement of any court order. You cannot walk to any house and purport to enforce any judgement from the court of law because the Judiciary has taken cognizance of the fact that we are now facing a pandemic. The Holy Book says that do unto your neighbour what you would love to be done unto you. Before you take action, put yourself in the shoes of that person. Mr. Speaker, Sir, as we all know, our schools are closed. The people being evicted are staying with their children because we are facing a pandemic. Where do we want these people to go? They are also human beings. This world was created for haves 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.
and the have-nots. The rich and the poor deserve a decent living in any society that respects human rights. These are the times that we need the emergency response team to make a decree and pass a resolution that from now going forward we should not see any form of evictions. This is happening all over the country. Last week, there were some evictions taking place in Nyamira in a town called Keroka. To be fair to the people we represent, at this time when we have this pandemic, we need to extend sympathy, understanding and love to everybody, including people living in slums.
Before Sen. (Prof.) Kamar, we will have Sen. Orengo.
Mr. Speaker, Sir, the Senator for Nairobi City County, Sen. Sakaja, is bringing out a very important issue on International Law. Under our Constitution, the provisions are very clear that we are required to comply with the international statutes and conventions. It is part of the primary and basic law of the land. The provisions that talk about the supremacy of the Constitution are in the same Article that talks about International Law. The International Law has provided guidelines on forced evictions. If you have to evict forcefully, the guidelines are there. This is because those forced evictions have social and family consequences in terms of disruption. The Constitution also talks about the right to adequate housing. These international standards require that before you evict a family from a dwelling, you must, first of all, deal with the question of where that family will go before. That is what the guidelines say. In an urban area like Nairobi City County, evicting 5,000 people from an area is causing an absolute problem to the City as a whole.
Mr. Speaker, Sir, in many cities in the world, it is possible to provide affordable housing because land is ordinarily available. In a city like Nairobi where every inch has an owner of somebody whom we never know until the day you are being evicted.
Sen. Sakaja, we are with you on this. I hope that we can have a meeting with these families and be seen to be doing something about it instead of just talking about it in the Senate. When doctors were in trouble, we did not just talk about it. My friend, Sen. Mutula Kilonzo Jnr. and I went to court and dealt with that problem. Today, people are realising how important doctors are. Come 2022, people are going to find how important these 5,000 people are. We are going to be looking for those 5,000 people. Jubilee, watch out. There is a dysfunction in Jubilee. How can this thing happen?
Mr. Speaker, Sir, Sen. Sakaja should be able to walk in somebody’s office and say; “You are doing the wrong thing for this Government and for the President of the Republic of Kenya. Stop it.” They cannot stop it because of the dysfunction in the Jubilee Government.
On a point of order, Mr. Speaker, Sir.
Sen. (Prof.) Kamar, what is your point of order?
Mr. Speaker, Sir, I do not know whether Sen. Orengo is right to accuse the Jubilee House without substantiating it either.
Mr. Speaker, Sir, I would like to support this Statement from Sen. Sakaja and thank him for bringing it to the House.
On a point of order, Mr. Speaker, Sir.
What is your point of order?
Mr. Speaker, Sir, we talk about houses. There are houses of Parliament. That is the Senate and the National Assembly. I hear Sen. (Prof.) Kamar talking about Jubilee house. Is she referring to the Jubilee Party which has not met for a long time or Jubilee house in Pangani?
Sen. (Prof.) Kamar, proceed, but let us focus.
Yes, Mr. Speaker, Sir. I would rather focus because I said “I did not know” about what Sen. Orengo was referring to. I do not want him to substantiate because he will take my time.
I thank Sen. Sakaja for bringing this Statement to the House. When I watched it, I was in horror because I have never seen a thing like that happening at a time when we say there is a pandemic, which require us to observe social distancing and washing hands. When you evict people on a rainy day and you are telling them to wash their hands, are you telling them to wash in the rain or what are we trying to do?
Mr. Speaker, Sir, it is true we have a problem with our law enforcers. They are taking the law in their own hands and trying to do things the way they wish. In fact, as I was watching what was going on in Kariobangi, I was strongly reminded what went on between my county and that of the Senate Majority Leader. Chiefs from my county went to chase brewers in the next county. I do not know whether they forgot the boundary, but they chased a woman into a river and she died. A few weeks earlier, we also had an incident where a disabled woman was brewing and busaa was poured on her. You wonder how a law enforcer chases a crippled woman. How do you expect somebody who cannot even wash herself to save themselves? Mr. Speaker, Sir, I think the biggest problem we are having is that our law enforcers are not following the law. They are the ones violating the human rights of these people. We really need to look at the human rights of these people. As I was listening to the details from Sen. Sakaja, I was wondering, will the Standing Committee on Lands, Environment and National Resources be the only Committee that will be---
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. Ochillo-Ayacko? 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. Speaker, Sir, with utmost respect to Sen. (Prof.) Kamar - and I hold her in true respect - is she in order to pile blame on law enforcement officers when they are merely acting on orders of a rogue Government?
Mr. Speaker, Sir, even the law enforcers must be dealt with when they break the law. Therefore, we cannot say that the law enforcer is implementing something blindly without following the law. This is because these officers have sworn to uphold the law. Chiefs and police officers have sworn to uphold the law. Therefore, they must take care of the people according to the law of the country. We are a law abiding nation and we believe in the Rule of Law. Whoever breaks the law, whether you are the President or whoever, you must be dealt with. We cannot say that the law enforcer should break the law and undermine the constitutional rights of the residents. This is exactly what happened in Kariobangi. Regarding the committee that has been assigned to deal with this, I think it will only be fair that this Committee starts its work now. However, the Committee should work with the Committee on Health. We need to know the opinion of the Cabinet Secretary of Health on what happened because we should have heard him condemning this activity. The reason he needed to condemn is because everything that he has been talking about was violated in Kariobangi at 3.00 p.m. We need the Committee on Health to also deal with this matter so that they interrogate the two Cabinet Secretaries; Cabinet Secretary of Lands on eviction and the Cabinet Secretary of Health on the situation on the ground. Thank you, Mr. Speaker, Sir.
We are going to hear from Sen. Kihika then Sen. Faki because we have two more Statements.
Thank you, Mr. Speaker, Sir. I support this Statement by Sen. Sakaja on what is going on in Nairobi County, specifically the evictions at Kariobangi. It is horrifying when we see these sorts of things happening, especially when they are carried out by the Government. This is a matter of concern because we know it is during---
You can laugh all you want, Senator, and you seem very hyped today; I am not quite sure what is going on. However, at the same time, it is important to realize that we must oversight whether we are in the Majority Party or not. That is why we stand here sometimes to oppose some policies. Allow me to detour here when we hear that seven military officers have joined the Nairobi Metropolitan Service (NMS) that becomes a matter of serious concern to some of us. When you then go ahead and find a Government that is evicting 5,000 people during a time of a pandemic and in a city that has so many numbers of people infected with COVID-19, then we really wonder who is making some decisions in this country. Are they using any common sense or is common sense no longer common anymore? I will have to agree with Sen. Halake who stated that a big part of the problem is the level of impunity in this country. Anybody can do anything and get away with 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.
tomorrow. We keep crying here with Sen. Mutula Kilonzo Jnr. about Solai Dam that killed many Kenyans. We keep trying, but nothing seems to be done because of the level of impunity. The other day in my county we had some millers, Mombasa Millers, who have leased railway land and the lease is valid for another eight years. The county government just come in, burnt everything down and repossessed the land despite them having a legitimate lease. The level of impunity across the country is insane. Since nobody is personally held liable, that is why some people will do whatever they want to do regardless of the law. More so, just from a little research here, it seems there was a court order restraining police officers from evicting these 5,000. When the Government is evicting people in contempt of a court order, then there is a problem. It is a pity this keeps on happening. We have seen contempt of court orders, time and again, and nothing happens. We talk here, keep moving on, but nothing happens. That is why they keep on evicting families with children at a time of a pandemic and when the weather is cold outside. I can only imagine what it must be like for these families outside. We also have the Ministry of Health guidelines at this time where people are supposed to stay home. So, when it is the same Government destroying homes and people are thrown out, it just begs the question as to what really is going on in this country.
I also agree with the other Senator who said that, maybe, we should go out there. Sometimes, it helps. As much as we may not see the benefit or a resolution immediately, it helps to show that even though COVID-19 is around, we have not suspended our oversight role.
Finally, Sen. Faki.
Asante sana, Bw. Spika, kwa kunipa fursa hii kuchangia taarifa ya Seneta wa Nairobi, Sen. Sakaja. Swala la watu kufurushwa katika makaazi yao limekuwa ni jambo la kawaida katika nchi hii. Kule Mombasa, imekuwa kila wiki unapata ripoti za watu kufurushwa, hasa maeneo ya Bamburi. Imekuwa ni kama mchezo wa paka na panya. Hii ni kwa sababu hata ukimwonyesha mhusika Officer Commanding Police Station (OCS) kwamba hakuna amri ya korti yoyote inayotekelezwa hivi sasa, anakwenda mpaka siku za Jumapili ambapo watu wameenda kanisani na kufurusha wanachi ambao wako nyumbani. Bw. Spika, kisa cha Nakuru cha juzi kilikuwa ni cha kusikitiza, kwa sababu
ilifanywa wakati wa---
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. Ochillo-Ayacko?
Mr. Speaker, Sir, just for the record, I have heard my brother and fellow advocate, Sen. Faki say that evictions go on on Sundays when people have gone to church. Is it true that under the COVID-19 regulations, people in Mombasa County go to church? 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.
Bw. Spika, Jumapili ni siku ya kanisa. Kama watu waenda kanisani ama hawaendi, ni suala jingine. Jumapili twajuwa ni siku ya kanisa kama vile Ijumaa ni siku ya ibada ya Waislamu. Kwa hivyo, kama watu wanaenda au hawaendi, hiyo ni siku ya amani, watu wanapumzika na hakuna kazi inayofanyika. Swala la Nakuru; mwenye biashara Mombasa Maize Millers halali. Yadi yake ilivamiwa usiku wakati kuna curfew. Sisi tunajuwa ya kwamba mwananchi akipatikana barabarani wakati wa curfew, huwa ni hatia kubwa. Unapelekwa quarantine na baada kumaliza quarantine, unalipishwa. Kuna wengine walipigwa wakauliwa wakati wa
. Lakini, genge la majambazi walivamia yadi ya Mombasa Maize Millers usiku wakavunja magari, wakaiba mali, wote wakisimamiwa na polisi katika Kaunti ya Nakuru. Bw. Spika, hii inamaanisha kwamba tuna Serikali ya kihuni. Hatuna Serikali ambayo inaheshimu sheria na utengamano. Waziri wa Afya anasema kwamba tuondoe kutanagamana kwa sababu ya COVID-19, lakini wale wanaofurushwa Kariobangi, wanasongamana. Polisi wanaokuja kufurusha watu hatujui kama wana COVID-19 ama hawana. Wao wanatangamana na watu katika maeneo ambayo hakuna njia yeyote ambayo tunaweza kuwatengenisha. Bw. Spika, nchi yetu imekuwa sasa ni mtu mwenye nguvu afanye vile anavyotaka kwa sababu unaeza kutoa watu usiku wa manane bila sababu yeyote. Ardhi na stakabadhi zinaonyesha kwamba anayemiliki ama aliye pale yuko pale kihalali. Kwa hivyo, ni lazima kama Seneti, tukemee swala hili kwa sababu ni jukumu letu kuhakiksha kwamba Serikali inatekeleza mambo kulingana na sheria. Kwa hivyo, ikiwa Serikali yenyewe ndio inavunja sheria, ina maana kwamba nchi yetu inakwenda mkondo ambao si sawa. Asante kwa kunipa fursa hii.
Thank you so much. I think the Chairperson of the Committee on Land, Environment and Natural Resources is here. He has heard the sentiments and what has been raised. Mobilize your Committee as quickly as tomorrow so that you are able to go on site in liaison with the Senator of Nairobi City County and provide us with a comprehensive report when we meet on Tuesday, next week, at 10.00 a.m. The next Statement is from Sen. Outa.
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. Ochillo-Ayacko?
Mr. Speaker, Sir, I appreciate the fact that you have referred this weighty matter to the Committee on Land, Environment and Natural Resources, but a lot of aspects of this matter relate to human rights. That is within the purview of the Committee on Justice, Legal Affairs and Human Rights. Would I be in order to plead with you to also find if that other committee can also come in? This is because it is not about investigating the legality of the title deeds or such related matters.
I think the lead Committee will be the Committee on Land, Environment and Natural Resources, but administratively, the Committee on Justice, Legal Affairs and Human Rights can also be enjoined as they investigate the matter. You know the problem of assigning two Committees is quorum. It has been a challenge, but the Chair has heard. 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.
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. Mwangi?
Mr. Speaker, Sir, from our experiences, it is a little difficult for a matter like this to be handled by two committees. This is because when we want the two committees to meet, the issue of quorum has been a challenge. We had a case of Kericho Tea Farms that was given to us and the Committee on Justice, Legal Affairs and Human Rights. One and a half year ago down the line, we have not been able to handle it. I would rather we handle it as Committee on Lands, Environment and Natural Resources as Sen. Sakaja requested.
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. Sakaja?
Mr. Speaker, Sir, I want to thank you for your directions and insisting that we move very quickly on this matter because these people have nothing right now. I have really been struggling personally to even give support to a number of families. The Senate donated Kshs200 million to the COVID-19 Fund. Can we get support from the Senate or even from the Senators themselves because it is such a bad situation? It is one thing for us just to go there and be followed by cameras, which is not the real need right now. So, I think that we can pursue that informally outside the Chamber. Those families right now need food and shelter. You know that my resources are limited. I am a young man who started working just the other day.
There are those who started working less than a year ago and they are richer than those who have worked for more than 10 years.
You know people like Sen. Orengo and Sen. (Prof.) Ongeri have worked for many years---
Okay, we can pursue that informally. Sen. Outa, your Statement.
Thank you, Mr. Speaker, Sir, for giving this opportunity to request for a Statement on humanitarian response in Kisumu County in the wake of the current floods and the COVID-19 pandemic. I arise pursuant to Standing Order 48(1) to seek a Statement from the Standing Committee of National Security, Defence and Foreign Relations regarding the humanitarian response in Kisumu County following the current floods as well as the COVID-19 pandemic. In the Statement, I would want the humanitarian response in Kisumu---
Order! Sen. Mwaura, observe social distancing.
Mr. Speaker, Sir, in the statement, I want the Chairperson to state the following - (1) The humanitarian aid, if any, that has been provided to victims of the on- going floods and vulnerable persons since the outbreak of the Coronavirus pandemic. (2) Explain the lack of transparency and accountability by the Kisumu County Government regarding handling of food and non-food donations from the national Government, corporate entities and individuals. (3) To outline the plans being put in place, if any, to ensure the provision of a long lasting solution to mitigate against the perennial suffering experienced by the residents of the flood prone areas in the county. Mr. Speaker, Sir, I want to congratulate my City Senator, Sen. Sakaja for bringing all these out. As a city, we are facing a lot of humanitarian challenges by the Government. Like in Kisumu, there are a number of people who are now camping in various sites. As I speak today, we have not seen any response at all from the national Government. Last time when we were waiting for the two Cabinet Secretaries to come to the ground and assess the situation, their visit was cancelled at the last minute. Our people are camping outside in the cold and here we are talking about COVID-19. For us to fight the dreadful COVID-19, the Government should respond to these humanitarian challenges. People have been forced to leave their homes because of the raging floods yet the Government has not provided anything. When I asked whether the national Government has provided any food or non- food items, the county commissioner had the audacity to tell me if I want to know what has been contributed, I need to ask his boss Dr. Matiang’i. That is the response I got yet people are in the camp and cannot account for the little that the national Government has given as food or non-food items. So far, we have seen few---
Sen. Outa, you are now discussing your own Statement. You have made your point.
Mr. Speaker, Sir, people are suffering. This Committee must move with speed to make sure that people who are suffering are protected and provided for.
Thank you, Mr. Speaker, Sir. I thank my brother and colleague, Sen. Outa for raising this matter. All counties along Lake Victoria, Elgeyo-Marakwet and neigbouring areas are victims of torrents of rain that is falling in that part of the world. In Migori County, the people of Nyatike sub-county are under siege from flooding rivers and a swollen lake. Migingo Island, Remba Island and other islands are on the verge of being submerged by water. If you go to places called Nyora, Modi, Kabuto, Got Kachola and Ameko, no families are living in their normal homes. They are currently squatting somewhere on public land without food, medical help, shelter and attention yet it continues to rain. Mr. Speaker, Sir, I beg that as you commit this matter to the relevant Committee, it should make similar inquiries about Migori County and give an answer before I get an 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.
opportunity to raise a Statement similar to this one. The same questions that are asked by Senator for Kisumu County are the same questions that the people of Migori, Siaya, Homa Bay and Busia are seeking because they neighbour Lake Victoria. You have seen in the media how River Yala and River Nzoia have flooded and people are suffering. We only hear about COVID-19 from the Government. We fear it because it is about death. People should also be concerned about death that arises from other causes and misery arising from floods.
Thank you, Mr. Speaker, Sir. I emphasize what Sen. Outa has said. It is important for the Government to prioritize people that have been affected by floods. This is not only happening in Kisumu. In Kakamega, we have constituencies which have been affected. For example, in Shibale, Mumias West, families have suffered the effects of the bursting of River Nzoia. In Matungu Constituency, many people are suffering from this tragedy. Therefore, it is important that as we try to deal with this issue, the affected families get timely support. Mr. Speaker, Sir, some families have not received any support for the fifth day. It is on humanitarian grounds that Government officials should move with speed and ensure that all the families in the respective sub counties are taken good care of. Secondly, the Kenya National Highways Authority (KeNHA) should also be on high alert, because we have seen very critical bridges collapsing. A case in point is the Mayoni Bridge, connecting Mumias West and Matungu constituencies in Kakamega County. That bridge has collapsed and KeNHA has taken more than two days to be on site, until a local contractor, called Sebema, came in to help to avert the situation. Therefore, I would like to encourage the Director-General of KeNHA to move with speed to ensure that all our highways are in good shape in this time of flooding.
Sen. Orengo, then I will come to Sen. (Dr.) Milgo.
Thank you, Mr. Speaker Sir. Seeing we have a little time, I want to appreciate this Statement by Sen. Outa. The only thing that I need to say about this is that floods in Nyando, Budalang’i and certain parts of Migori are not things that come without an element of expectation. These are floods that come annually. Therefore, over the years, the Government must have systems in place. I can understand about the COVID-19, because this is a pandemic that is worldwide and the origin is still being investigated. Scientists and doctors are still trying to find out the origin, the cure and the vaccine. However, for floods we needed to have put in place systems to mitigates on their effects. I remember the lady who used to cry in Nyando saying, “Serikali, Serikali.” Even this year, that poor lady is again crying to Sen. Outa saying, “Serikali”. I repeat that the Jubilee Government must wake up. You must get together to ensure that you are in a position to address the problems of the people of this country. This is because the internal differences in Jubilee are making it difficult for Jubilee as a Government to react to situations, which are perennial and are expected. Instead of addressing those problems, they cannot sit as Cabinet Secretary (CS) with another CS or Member of Parliament with another Member of Parliament. Even 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.
here, I know who cannot sit next to so and so. You should get together because you have only two years to go. Wake up! Sen. Sakaja, you are the wrong person to talk to me now.
On a point of order, Mr. Speaker Sir.
What is your point of order, Sen. Sakaja?
Mr. Speaker, Sir, today everybody has had such a go at the Jubilee Government. Is it in order for the Senior Counsel to squarely blame the Jubilee Government on issues that have been recurring even when he was the Minister for Lands? Is it right to now put all the blame on the Jubilee Government? Yes, there is a problem, but we must apportion the right amount of blame by saying: “When I was in Government, we tried to do this, this is where we reached, and this is what the current Government needs to do.”
If Sen. Sakaja goes to the records, he will find whatever happened, including what the Kibaki Government did with to the people of Budalang’i. As soon as the Jubilee Government took over, when the President went there, even a bridge that they tried to build crashed. Hiyo ndio sura ya Jubilee kwaukweli. You must wake up. This is the time to wake up.
On a point of order, Mr. Speaker, Sir.
What is your point of order, Sen. (Dr.) Mwaura?
Mr. Speaker, Sir, I really respect my elder, Sen. Orengo. Is Sen. Orengo in order to blame the Jubilee Government when the monopoly of opposition has fused with the monopoly of Government to create the handshake?
The only problem is that even when the handshake happened, they were asleep and were not aware, including Sen. (Dr.) Mwaura. This is the problem that they have. Wake up! That is all that I am telling you.
Order! Let us make progress. We will have Sen. (Dr.) Milgo and finally, Sen. Dullo.
Mr. Speaker, Sir, it is not in order for the Senate Minority Leader to squarely blame the Jubilee Party. Most of the Members of the Opposition have been blaming the Jubilee Party. Let us approach issues as a Senate. Mr. Speaker, Sir, I want to speak to the Statement that was sought by Sen. Outa. There is a lot to be done when it comes to issues of disaster management in our country. This is because many times our people suffer a lot when disasters occur. I empathise with the people who are cooking by the side of the lake as we are shown by the media. It is not in Kisumu alone where there are floods. Recently there was a disaster in Elgeyo-Marakwet. There were also mudslides in Kiharu. In my Bomet County, some people were swept away by rainwater. One section of the Sotik-Kericho Road is almost cut off. We call upon the disaster management team to rise to the occasion and respond to the issues affecting the entire country. We have had drought, locust invasion and right now it is rain. In fact, a lot of water is being wasted, but after a short while, we will start complaining about drought where people die because of food shortage. They should respond to particular people that are being affected. 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.
Most of the attention has been on the COVID-19. I am sure that many people in areas experiencing floods will die due to cold. I saw some expectant women, children and older persons. Those people will be affected either by stress,or other diseases. The disaster management team should take up this challenge seriously so that it is solved, once and for all.
Mr. Speaker, Sir---
What is it, Sen. Sakaja? Are you on a point of order?
Mr. Speaker, Sir, Sen. (Dr.) Milgo is not out of order. I just need to seek your direction on a matter. We have now met a couple of times. We meet once a week because of COVID-19. The country urgently needs a legislative framework. For two weeks in a row, we have not been able to move the Bill. I am glad there are senior Members of the Senate Business Committee (SBC) here. I would like to request that you direct that in the next sitting, because we have to wait for another week to deal with this Bill that we really need, that we reduce the period to allow us to do both Second Reading on Tuesday morning and have the Committee of the Whole in the afternoon. The country urgently needs that legislative framework.
A decision will be made by the SBC. However, what we have discussed this afternoon is equally important and has a relationship with what you are talking about. Sen. Dullo, please take a short time so that we allow Sen. Mutula Kilonzo Jnr. some time.
Mr. Speaker, Sir, mine will be brief. As I support this Statement, I really sympathise with the people of Kisumu County. It is pathetic that year in, year out, we talk of floods and droughts. Whenever it rains, we run around saying that we have floods. When the rains go, we run around saying that we have drought. We do not even have a strategy as a country. We should be harvesting the rainwater that is causing havoc. I have a similar situation in my county. The people of Iresaboru and Gaharsa are experiencing floods. Those poor people do not have homes, but nobody is caring at all. Secondly, I remember well that in the previous Senate, we set aside Kshs2 billion under the National Drought Management Authority (NDMA). Simply because the regulation is not there, it is not operational. Maybe we need the relevant Committee of the House to follow up and find out what happened and how we can operationalise that budget. Thirdly, the committees should be active right now, trying to see how we can solve the challenges facing our country. Our basket is now full with the COVID-19. We have forgotten about other challenges Kenyans are facing. It is something our people will blame us for. We need to make sure that the committees are running so that we can help our people and solve the current challenges we are facing as a country.
The Statement is committed to the Committee on National Security, Defense and Foreign Relations. Proceed, Sen. Mutula Kilonzo Jnr.
Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.41 to seek a Statement from the Standing Committee on Justice, Legal Affairs and Human Rights regarding the delay in appointment of 41 judges for the High Court and the Court of Appeal. In the Statement, the Committee should- (i) Explain the reasons for the delay in gazettement of the 41 judges; (ii) Explain the continued failure to effect the recommendations of the Judicial Service Commission (JSC) thus occasioning violations of fundamental rights of persons designated as judges of the Court of Appeal; (iii) Explain the continued failure by the Executive to obey court orders under a judgment delivered on 6th February, 2020; hence jeopardizing the administration on justice; and, (iv) State when the gazettement of the said judges is to be done in order to beat the backlog experienced in courts.
Sen. Orengo, proceed.
Mr. Speaker, Sir, I support this Statement. The last component of that Statement is very important. It is on the question of compliance with court orders. One of the fundamental provisions of the Constitution is the rule of law. The moment a Government does not comply with or obey the court orders that Government could not sit and preside over the affairs of a constitutionally or democratically elected Government. I sit in that Committee with Sen. Mutula Kilonzo Jnr. we should come out with a firm answer. That answer should come from the top to tell us why it is so difficult to comply with court orders. This is primary. How can you ask a policeman like we have been complaining about eviction that they are being carried by police officers. If the police officers are required to comply with legal court orders, how can you expect them to undertake faithfully their work under the principle of the rule of law? Mr. Speaker, Sir, finally, a country which cannot have judges is a banana republic. I am saying that without fear of contradiction. It is only in a banana republic where you cannot have a system of courts. The Court of Appeal is the second ranking level of our court system. I am asking that this Committee should come out with answers. The last time we were very embarrassed as lawyers who appeared in court, which found Cabinet Secretaries (CSs) not being compliant with court orders. They were sentenced. If we were in a country of a rule of law, they would not be serving. I said in this House that when we are talking about these court orders and the rule of law, they will not look at us in the eye. Now they are facing the music. I want Sen. Kihika to look at me in the eye. You are the Whip of a ruling party. You cannot be crying. Give us those answers. We do not need even to go to State House. You should provide us with answers. 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.
As a Chairperson of committees and the leadership of the side opposite, we should come out with these answers. Mr. Speaker, Sir, I beg you that we should have these answers next week. Sen. Mutula Kilonzo Jnr., you are going to go very far in being in the frontline of fighting for the rule of law and democracy. My son, you will achieve the top.
Today, there is some level of very good excitement in the House. Proceed, Sen. Faki.
Thank you, Mr. Speaker, Sir, for giving me this to support the Statement by the Senator of Makueni County, Sen. Mutula Kilonzo Jnr. Court services have ground to a halt as a result of the delay in the appointment of these judges. The Court of Appeal had branches in Mombasa, Nakuru and Kisumu counties. All of them have been disbanded and the court brought to Nairobi. It means that court services are no longer devolved. We have to spend a lot of money to come to Nairobi to access services of the Judiciary.
I beg that this Statement be dealt with as soon as possible because legal services are grinding to a halt in this country. Thank you, Mr. Speaker, Sir.
The Committee should provide us with a response by Tuesday, next week.
Hon. Senators, it is now 6.30 p.m., time for interruption of the business of the Senate. The House, therefore, stands adjourned until Tuesday, 12th May, 2020, at 10.00 a.m.
The Senate rose at 6. 35 p.m. 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.