Thursday, 10th July, 2025 Afternoon Sitting

Clerk, do we have quorum?

Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

Hon. Senators, we now have quorum. We will proceed with the day's business. Clerk, proceed to call the first Order. The Chairperson Standing Committee on Labour and Social Welfare, proceed.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of Senate today, 10th July 2025-

Report on Standing Committee on Labour and Social Welfare on its consideration of the Social Protection Bill (National Assembly Bills No.12 of 2025) .

Services, Senate.

Next Order.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.57 (1) to give a Statement presenting the business of the Senate for the week that commences 15th July, 2025.

As Senators will recall, the Senate held two special sittings on the 27th and 30th June, 2025, during which the mediated version of the Division of Revenue Bill (National Assembly Bills No.10 of 2025) was considered and approved. The Bill has since been assented into law by His Excellency the President. I take this opportunity to thank you, Senators and, in particular, Members of the Mediation Committee, for their commitment to this matter that resulted in an outcome that will ensure effective performance of devolved functions.

Mr. Speaker, Sir, Kshs450 billion was our aim, but Kshs415 billion is what we got. Last year, it was Kshs387 billion, if I am not wrong. We keep doing our bit as Senators. I hope that our colleagues, governors, will match the same effort in ensuring that services go to the people.

I am impressed by the work that this House did. It is only unfortunate that at the time of assenting to the Bill, we were engaged in other duties as a House and, therefore, the Senate was not represented. Nonetheless, we did our bit.

In the coming days, the Senate will consider the Equalization Fund Appropriation Bill - another very important Bill - the County Governments Additional Allocation Bill and the County Allocation of Revenue Bill. These are equally important financial instruments for the implementation of devolved functions.

Mr. Speaker, Sir, I can see the Chairperson of the Committee on Budget and Finance. It is my hope that today in the afternoon, he shall actually be moving the County Allocation of Revenue Bill (CARA) because we have had---

Services, Senate.

Services, Senate.

There is a report on a petition from the Departmental Committee on Labour and Social Welfare on former employees of Kenya Breweries Limited (KBL) concerning the failure by KBL, Kaplan & Stratton Advocates and Harrison Kinyanjui Advocates to pay compensation awarded to the petitioners.

There is also a report from the Committee on Health on oversight and networking engagements to Taita Taveta, Mombasa and Kwale counties. There is a report also from the National Cohesion and Integration Commission (NCIC) on the implementation of the Senate resolution on the current state of the nation, made on Wednesday, 24th July

those things.

This is part of that and I hope they have far-reaching recommendations, especially on the question of inclusion, regional balance and ensuring that all our public bodies actually reflect the diversity and the strength of Kenya and not just a representation of parts of this country. I look forward to that particular report. There is also the issue of the welfare of interns that work under the Public Service Commission (PSC).

On Thursday, we will conclude with any other business that we will not have concluded on Tuesday and Wednesday. It is my sincere hope that as we settle back from recess, Members will prioritise attendance to this House, so that we can utilise the time that we have out of the three days that we meet to transact and pass as many Bills as possible.

I thank you and hereby lay this Statement on the table of the Senate.

Next Order.

Hon. Senators, we will move to Order No.12 before we come to Order No.9.

Go ahead, Sen. Abass.

Services, Senate.

Mr. Speaker, Sir, I beg to move- THAT, the Senate adopts the report of the Standing Committee on Devolution and Intergovernmental Relations on a Petition to the Senate by Mr. Laban Omusundi concerning the branding of public projects with images of governors and Members of County Assemblies (MCAs) and branding of county vehicles, laid at the Table of the Senate on Tuesday, 3rd June, 2025.

Mr. Speaker, Sir, on 2nd September, 2024, the Senate received a Petition from Mr. Laban Omusundi, a resident of Nakuru County and the Executive Director of Grassroot Civilian Oversight Initiative, concerning the matter of branding public projects with images of governors and MCAs, and branding of county vehicles.

The Petition was presented in the Senate on Tuesday, 9th October, 2024 by the Speaker of the Senate, pursuant to Standing Order No.236 (2) (b) of the Senate Standing Orders. Consequently, the Petition stood committed to the Committee on Devolution and Intergovernmental Relations pursuant to Standing Order No.238 (1) of the Senate Standing Orders.

Mr. Speaker, Sir, the salient issues raised in the Petition were that county funded projects across all 47 counties are emblazoned with portraits, images and names of governors and MCAs, as if projects were funded by them and not taxpayers. Further, that these political elites in the counties have been allowed to massage their respective political egos and use spaces of public funded projects to advertise and brand themselves for personal political cause without checks and balances.

The petitioner referred to Article 231 (4) of the Constitution that disallows the portrait of any individual on our currency. He was concerned that the political elites are allowed to brand taxpayers funded projects with their respective portraits, images or names. Noting that historically, some kings used their respective portraits in that manner to be seen as gods and superior, it differs from provisions of Chapter Six of the Constitution of Kenya, 2010, which refers to an elected leader as a selfless servant, not a small god. He added that it was high time to reject this self-aggrandizement of using taxpayers’ money to brand political elites and perpetuate personal political egos, which is contrary to Article 75 (1) of the Constitution of Kenya.

Further that, county governments’ vehicles have been used for personal effects to the political elites and other unbecoming staff of counties courtesy of branding those vehicles. The petitioner claimed that efforts made to address this matter with the Council of Governors (CoG) and the Attorney General were futile since there was no response.

The petitioner’s prayers were that the Senate-

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kenya";

sure that all county governments’ vehicles are branded with colours of our national flag to make them easily identifiable, and if the public see them being used for non- government activities, they can occupy them peacefully; and,

matter.

The Committee further resolved to invite the petitioner, Mr. Laban Omusundi, for further discussions on the issues raised. Upon invitation, the petitioner appeared before the Committee on 25th November, 2024, to present his petition. He emphasized that the primary objective is to protect public funds from being misused for the personalization and branding of public projects with individual names or identities. He appealed to the Senate to intervene and establish measures to curb such acts and to safeguard public resources.

The Committee concurred with the Petitioner on the need to restrict the branding of public projects and Government vehicles with individual names and images, affirming that such practices amount to personalization of public resources and are contrary to principles of integrity as outlined in the Constitution and relevant laws.

Mr. Speaker, Sir, based on the submissions received from the stakeholders, the Committee made various observations and recommendations as set out in the report.

What is your point of order, Sen. Kinyua?

I rise under Standing Order No.95. I am listening to a speech from the Senator. I thought he was moving, but he is reading.

Proceed, Sen. Abass.

Mr. Speaker, Sir, the Committee observed that-

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and Anti-Corruption Commission (EACC) in collaboration with

the Office of the Auditor-General and the Controller of Budget (CoB), should enforce strict compliance with constitutional and statutory provisions governing integrity, accountability and the proper use of public resources.

should within 30 days upon tabling of this Report, provide a report

to the Senate on the status of the interventions and measures taken to restrain public officers from branding public projects, vehicles or assets with their names, images or personal symbols.

Mr. Speaker, Sir, with those few remarks, I wish to move the Motion and request that the House adopts the report of the Standing Committee on Devolution and Intergovernmental Relations on the Petition regarding branding of public projects with images of governors and MCAs branding county vehicles.

I request Sen. Kisang to second.

Thank you, Mr. Speaker, Sir. I beg to second this particular Motion. This is a very important Motion that has arisen as a result of a Petition. If you go across our counties, you will see photos of governors and MCAs everywhere being branded across, saying what they have done for the people. It is important to tell the governors and the MCAs that when projects are undertaken within their areas, it is as a result of the resources that have been appropriated by this House.

Mr. Speaker, Sir, we were fighting for Kshs465 billion to go to the counties. Eventually, during the Mediation Committee between the National Assembly and Senate, we settled at Kshs415 billion. The resources going to the counties are not from the pockets of the governors or the MCAs, but resources that have been appropriated by both the Senate and the National Assembly and own-source revenue by the counties.

Some vehicles and buses are also branded with names of Members of the National Assembly funded by the National Government Constituencies Development Fund (NG- CDF) . The patron is Honourable so and so. For 10 years, when I was Member of Parliament (MP) for Marakwet West, I bought 10 buses and my name is not printed on the buses, same to the projects that we undertook using NG-CDF for the 10 years. The only place where my name would appear is when I go to open.

Mr. Speaker, Sir, it is important that we tell them that these are resources that have been appropriated. They are public resources. If they want to put their names, they can use their own salaries or be philanthropic and maybe use resources from elsewhere. Otherwise, the people know that if you have been a governor for the last 10 years and projects have been undertaken, you can launch them and put your names not photos. Many projects have been done by the national Government, but we have never seen photos of the President on them.

What is your point of order, Senator for Meru?

Mr. Speaker, Sir, I rise to speak to the transition between the Chairperson, Sen. Abass and the Seconder of the Motion. I do not know how he got the Floor. I did not hear the chair say---

Mr. Speaker, Sir, you did not authorise. He just got the microphone through some other means.

Services, Senate.

Hon. Senator for Meru, while you were consulting with me, Sen. Abass requested Sen. Kisang to second. Since I could not speak while you were talking to me, I nodded, giving permission for him to proceed.

So, conclude, please.

Thank you, Mr. Speaker, Sir. As I conclude, the Deputy Speaker is my colleague and a good friend. We were in the National Assembly for 10 years. I know there are issues that came to the House sometime last year and I did not support him. Maybe he still has some issue with me because of Kawira. I was on the opposite side.

Mr. Speaker, Sir, it is important to tell our governors to stick to the law. These resources are not theirs. They should not use additional resources to put their photos and names there and say funded by so and so. These are public resources, period.

I beg to second.

Hon. Senators, I will defer the proposing of the question, so that we dispense with Order No.9, which we had gone halfway yesterday. Before I allow this Clerk to call Order No.9, allow me to make this communication.

Hon. Senators, I would like to acknowledge the presence in the public gallery this afternoon, of visiting teachers and students from Othaya Girls High School in Nyeri County. The delegation comprises five teachers and 240 students who are in the Senate for a one-day academic exposition.

Hon. Senators, in our usual tradition of receiving and welcoming visitors from Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. I will call upon the Majority Leader, in under one minute, to extend a word of welcome.

Mr. Speaker, Sir, on behalf of the Senate and particularly on behalf of the Senator for Nyeri, Commissioner Wamatinga, I wish to welcome these students who are here on a study visit. This afternoon, I believe they have observed us transact one or two businesses so far and have learnt that which brought them here.

These are our future leaders. I believe that in this moment before the present leadership, will serve as an inspiration to know that their time is coming. Therefore, they

Services, Senate. should prepare very well when they finally get the opportunity to serve this country. I wish them well as they travel back to Nyeri, and in their studies as well.

I thank you.

Clerk, kindly call Order No.9.

Senator for Kakamega County, welcome to the Senate.

Services, Senate. Clause 16

Thank you, Madam Temporary Chairperson. I beg to move- THAT, Clause 16 of the Bill be amended by—

Thank you, Madam Temporary Chairperson. I beg to move- THAT, Clause 17 of the Bill be amended—

Services, Senate. Corruption Commission, is able to track the donations that an institution receives from the public or a public officer receives and discloses them to the institution.

This would mean that the extension of such disclosed gifts or donations are utilized for public use. This will also ensure that we enhance the fight against corruption. The Committee noted that the effect of this reservation is to ensure that the fight against corruption is extended to the utilization of resources coming from public donations or gifts that public officers have disclosed to their institution.

I thank you. The Temporary Chairperson (Sen. Veronica Maina): I have seen some Senators want to comment on this specific clause.

Sen. Cherarkey, are you interested? Sen. Mohamed Faki is also not here, so, we can proceed.

(Question of the amendment proposed) Division will be at the end. Clause 18

The Temporary Chairperson (Sen. Veronica Maina): The Chairperson, Justice, Legal Affairs and Human Rights Committee (JLAHRC), please, proceed

Thank you, Madam Temporary Chairperson. I beg to move- THAT, Clause 18 of the Bill be amended by—

I have seen some Senators want to comment on this specific clause.Sen. Cherarkey, are you interested? Sen. Mohamed Faki is also not here, so, we can proceed.(Question of the amendment proposed) Division will be at the end. Clause 18The Temporary Chairperson (

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The Temporary Chairperson (Sen. Veronica Maina): Thank you. Sen. Cherarkey, do you have a comment on this specific clause as proposed by the Chair? You can proceed. Limit your comments to three minutes.

The Chairperson, Justice, Legal Affairs and Human Rights Committee (JLAHRC), please, proceed

Thank you, Madam Temporary Chairperson. I beg to move- THAT, Clause 18 of the Bill be amended by—

Madam Temporary Chairperson, can you protect me? The Temporary Chairperson

: The Senate Majority Leader, please allow the hon. Senator to proceed.

Why is Sen. Cheruiyot restless?

Madam Temporary Chairperson, I am saying something different. It is complementary. We were on Clause 18.

Thank you. Sen. Cherarkey, do you have a comment on this specific clause as proposed by the Chair? You can proceed. Limit your comments to three minutes.

Madam Temporary Chairperson, I am well guided. I am surprised because the report--- (

He abused you badly.

No, Madam Temporary Chairperson, I did not abuse you. The Temporary Chairperson

: You have to withdraw. Could you withdraw the use of Kalenjin language?

Madam Temporary Chairperson, I withdraw and apologise, but I did not abuse you. He is making it sensational.

The Temporary Chairperson

: Thank you for the clarification. You can now proceed, but do not repeat what you said.

Services, Senate.

Madam Temporary Chairperson, I am not repeating. I was talking about the issue of complementary in Clause 18. We agreed that this was too vague and broad. Even if you look at the report of the Committee---

On a point of clarification, Madam Temporary Speaker. The Temporary Chairperson

: There is a point of clarification from the Chairperson who has just made an explanation.

I listened to the Chair. The Temporary Chairperson

: Just take your seat.

Is it a point of order or point of clarification? The Temporary Chairperson

: It is a point of clarification. Let him proceed.

Chair, proceed.

Have you used a language that is different from the parliamentary language?

He abused you badly.

No, Madam Temporary Chairperson, I did not abuse you. The Temporary Chairperson (

You have to withdraw. Could you withdraw the use of Kalenjin language?

Madam Temporary Chairperson, I withdraw and apologise, but I did not abuse you. He is making it sensational. The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move- THAT, Clause 31 of the Bill be amended by inserting the following new subclause after subclause (3) —

“ (4) For purposes of this section, “material change” means—

Services, Senate.

Madam Temporary Chairperson, I am not repeating. I was talking about the issue of complementary in Clause 18. We agreed that this was too vague and broad. Even if you look at the report of the Committee---

Services, Senate.

On a point of order, Mr. Deputy Speaker, Sir. Did you notice that when you were taking the reign of the House and even when you were bowing, Sen. Eddy was seated? Is that in order?

There is a point of clarification from the Chairperson who has just made an explanation.

I listened to the Chair. The Temporary Chairperson (

Hon. Senators, we are reporting progress on the Conflict-of-Interest Bill (National Assembly Bills No.12 of 2023) .

Chairperson?

Just take your seat.

Is it a point of order or point of clarification? The Temporary Chairperson (

I thank you, Mr. Deputy Speaker, Sir. I beg to move that the House do agree with the Committee in the said Report. I request Sen. Oketch Gicheru to second.

Mr. Deputy Speaker, Sir, I second.

Sen. Cherarkey, please, be guided accordingly, so that you have the understanding that the report stands as it is.

Services, Senate. governors and Members of County Assemblies (MCAs) and branding of county vehicles, laid at the Table of the Senate on Tuesday, 3rd June, 2025.

Hon. Senators, we are reverting back to Order No.12. The Motion was moved by Sen. Abass and seconded by Sen. Kisang.

I now want to propose the question.

Just a minute, Sen. Kavindu Muthama. Have your seat. Order, Sen. Kavindu Muthama.

The Senate Majority Leader and Sen. Kavindu Muthama, honestly speaking, why are you making noise when the Chair is upstanding? Hon. Senators, I propose the question.

Several Senators want to make their contributions. We will start with Sen. Cheruiyot.

Chairperson of the Committee on Justice, Legal Affairs and Human Rights, you have been enriched on how to make your presentation when you have the Order Paper and the report. Please distinguish the document you are referring to. We were on Clause 18. (Question of the amendment proposed) Division will be at the end. Let us go to the next one. Clause 20

Madam Temporary Chairperson, I beg to move- THAT, Clause 20 of the Bill be amended by deleting subclause (1) and substituting therefor the following new subclause—

“ (1) A public officer shall not acquire an interest in a partnership, private company or any other legal entity that is a party to a contract with any reporting

What is your point of order, Sen. Kavindu Muthama?

Mr. Deputy Speaker, Sir, we have no quorum in the House.

You are standing under which---

Standing Order No.41. We have no quorum in the House to deliberate.

Clerk, confirm if we have quorum. Serjeant-at-Arms, kindly ring the quorum bell for 10 minutes.

Confirm if we now have quorum.

Division will be at the end. That is the end of the considerations that were before the Committee of the Whole. We will then proceed to report the progress. I now call upon the Mover.

Services, Senate.

(The Clerk-at-the-Table consulted with the Deputy Speaker) We are now okay. Senate Majority Leader, proceed with your contribution.

Services, Senate.

Services, Senate. represent can allow me because in this House, we legislate, oversight and represent. That is the duty of a Member of Parliament.

Mr. Deputy Speaker, Sir, can you imagine if this Petition had found its way into a County Assembly, for example? There was no way they would agree to because they themselves are the abusers of these provisions. If you drive around Nairobi or your counties, you will find a big billboard declaring that the project has been done by the MCA in collaboration with the governor or the Member of Parliament.

Senator Kisang’ gave reference about school buses. In fact, I have seen a more absurd one. There is a school from Western Kenya and Sen. (Dr.) Khalwale is not here, that I saw that had the picture of the MP behind in the rear screen. It was written that the patron is as an example, Senator Chute, Aaron Cheruiyot or someone. I do not think that is expected. I hope that upon the passage of this Report, it will be remembered in history that there used to be an abuse of public funds until the Senate put a stop to it. This is a very important report.

I congratulate you, Sen. Abass, together with all the Members that serve with you in the Committee on Devolution and Intergovernmental Relations. This is what Parliament should be doing, responding to the concerns of citizens and ensuring that we oversight. This is now oversight at its best where we notice violations of law and push for enforcement. I saw that they interviewed almost all the parties that are involved in this petition. They invited the Petitioner, Mr. Laban, listened to him and had petitions from other citizens.

Mr. Deputy Speaker Sir, it is my hope that Members can stay around and speak to this Motion, so that we vote on it today and begin counting 30 days from now. Sen. Abbas, I expect that your Committee next week, in your first order of business, fire a letter to the EACC; confirm that you have written to them and have reminded them that they are sleeping on their job; that they need to remind us to be public servants. They need to remind us where there are violations on the provisions of our Constitution and where there is abuse of office and misuse of public resources because that is what it is. There is no other better way to call this particular issue.

I congratulate this Committee. I hope that they take time to ensure that this is done. Sen. Abbas or any member of this Committee, in 30 days after today, you will rise on a point of order one day to remind us that EACC has published a notice in prominent display, both in electronic and print media, that this habit needs to stop. If there are those that are emboldened or carved on stone or whatever, they need to be scrapped, so that citizens appreciate that these are public funds that has been used.

The only project that will be allowed to bear the name of a prominent person, is if one runs their Non-Governmental Organization (NGO) or private initiative or uses their own funds to do something for the public. I believe even the public will actually name it after you and have your picture prominently placed. So long as you are using public funds, it will never be allowed.

With those very many remarks, I beg to support and thank the members of the Committee for a stellar performance. Congratulations, Sen. Abbas and the team that considered this Petition.

Could he stand up then sit?

Hon. Senators, we are reporting progress on the Conflict-of-Interest Bill (National Assembly Bills No.12 of 2023) .

Chairperson?

Hon. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the President's Memoranda on the Conflict-of- Interest Bill (National Assembly Bills No.12 of 2023) and seeks leave to sit again tomorrow.

Services, Senate. resources, they should approach Parliament for more appropriation of resources, so that we can fight corruption in this country.

That is why when I see young people agitating for good governance, EACC must be held accountable. At the county level, most governors are becoming overnight billionaires. They are becoming demigods. They are acquiring property in a satanic version, yet I am told they are converting and getting allegations of corruption within that has been. We must agree on the issue of EACC.

I submit in a suo moto manner to the Chairperson of the Committee on Justice, Legal Affairs and Human Rights. I appeal to them that after this tabling, they should bring us the status of the fight against corruption in counties. It is very unfortunate. For example, in Nandi County, in the financial statements of the 2024/2025 Financial Year, the County Government of Nandi hired car hire services for Kshs42 million. Is that prudent use of the resources?

There is a point of order from Sen. Hezena. What is your point of order?

Mr. Deputy Speaker, Sir, on a statement of facts, is it in order for Sen. Cherarkey to allege that the only success the EACC has ever achieved was following up on a bribe of Kshs20,000? We are well aware of the successes that the Commission has made, especially on arresting several governors charged with corruption. Can he withdraw and apologise?

Services, Senate. governors and Members of County Assemblies (MCAs) and branding of county vehicles, laid at the Table of the Senate on Tuesday, 3rd June, 2025.

Hon. Senators, we are reverting back to Order No.12. The Motion was moved by Sen. Abass and seconded by Sen. Kisang.

I now want to propose the question.

Just a minute, Sen. Kavindu Muthama. Have your seat. Order, Sen. Kavindu Muthama.

The Senate Majority Leader and Sen. Kavindu Muthama, honestly speaking, why are you making noise when the Chair is upstanding? Hon. Senators, I propose the question.

Several Senators want to make their contributions. We will start with Sen. Cheruiyot.

Mr. Deputy Speaker, Sir, this is a very important Petition and I commend the Committee for taking time to listen and engage with Mr. Laban Omusundi. This gentleman has brought about six---

Services, Senate. famous in this country, he knows that equally, the same media has broadcast on issues of corruption and some of these governors have even come before this House. You cannot reduce the efforts of a whole Commission to one instance of a case of Kshs20,000 in your Committee. We must give credit where it is due and we must give to Caesar what belongs to Caesar.

Sen. Cherarkey, just conclude.

Mr. Deputy Speaker, Sir, we have no quorum in the House.

You are standing under which---

Services, Senate.

Three, as a taxpayer in this country, there are very few things that make me happy because we have serious problems with the way that this Government utilizes our property. When you drive around this country and you see a road sign that says: “Road Maintenance Levy, your taxes have been used to improve this road”, that is the only time that I feel proud to be a taxpayer in this country. However, all these other times, when you talk about people putting their photos everywhere, I have seen governors whenever there is a tax waiver, his photo is bigger than the message that is in the newspaper. I have seen governors buying billboards, the face occupies three quarters of the billboard, the message is so small and the rest of the billboard is his face.

Even this week, I have seen a governor who is my friend and I have to say this because I want him to succeed--- He has bought Prime Time on Citizen TV. I was watching the news at night and I saw the governor advertising a project that is funded by the county government and he is saying that this project has been funded by so-and-so. I was very shocked. Where do you get the money?

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

Sen. Sifuna, do you want to be informed?

Services, Senate.

(The Clerk-at-the-Table consulted with the Deputy Speaker) We are now okay. Senate Majority Leader, proceed with your contribution.

Thank you, Mr. Deputy Speaker, Sir. There are students in the House, and this is part of our work.

I was saying that Mr. Laban Omusundi reminds me of another gentleman whose name I do not seem to recall. I think he was called Major Rop. Thank you, Innocent, for reminding me. In the first Senate, that gentleman would petition this House on something of national importance almost every week. He would tell us that as per the dictates of the Constitution, members of the public are allowed to petition Parliament. Be asked and reminded that as members of the public you can request the House to consider any matter so that we can guide the country.

This is an issue that so many people have complained about. I have seen citizens take pictures of waivers by county governments, projects that have been done and you find a huge imposing picture of either the local Member of County Assembly (MCA) , governor or Member of Parliament.

I do not think there was any such consideration by citizens of this republic when they passed the Kenya Constitution, 2010 that we, as public servants, will take over ownership of projects that we have done using taxpayers' money. If there is to be any picture that is imposed on a project, then it is a picture of the citizens who paid for the project.

Mr. Deputy Speaker, Sir, I like the fact that this Committee in Recommendation No.2 has asked the right body, the EACC, because this is an issue of ethics. The EACC, in collaboration with the Office of the Auditor-General and the Controller of Budget, have been asked to enforce compliance with the constitutional and statutory provisions governing integrity and accountability and the proper use of public resources.

This is abuse of public resources and I believe people such as Sen. Catherine Mumma, who are normally very consistent on issues of abuse, either of human rights or public resources, will have something to say about this and what they think about it.

Mr. Deputy Speaker, Sir, in this Report, we are being told in Recommendation No.3 that after the passage of this Motion, the EACC will have 30 days to bring a report to the House informing us of what efforts they have put in place to ensure compliance with this provision.

I want to believe that the Chief Executive officer of EACC will issue this decree in public for people to know that this is abuse of public funds and this is an ethics issue, which any public officer is found to violate. These violations deserve to be punished by law. This Mr. Laban Omosundi has pricked the conscience of a nation by reminding us that the beauty of our Constitution is such that as citizens, we can always remind each other when we find ourselves to be afoul of the law. He has reminded us, as a House, that we cannot allow this to continue.

That is why I love the Senate. On a choice between Senate and so many other public offices, I would still choose to be in this House for as long as the people that I

What is your point of order, Sen. Cherarkey? Under which Standing Order are you rising?

Services, Senate.

In fact, if you look upstairs, you will see there are children there. So, allow me to teach. When I am standing here, I am not just speaking to this House, I am speaking to the country.

I have seen images of governors on something as mundane as milk packets for school milk, even on meals. So that you want to tell us that this is Sifuna's doing.

I have seen my colleagues in the National Assembly, every single National Government Constituencies Development Fund (NG-CDF) funded project, they have to find a way to put their names on it. Even after the courts ruled that this thing is unconstitutional, they changed it now and said this is Financial Year 2022/2023, then they write “Edwin Sifuna, patron.”

Services, Senate.

This Mr. Omusundi has identified a proper problem in this country. We want to be able to say that every single coin that is utilized by the national and county governments is actually our money. That is our property.

I have seen these patrons disbursing bursary cheques and they want to greet the parents and look them in the eye and ask them, “who is the person who gave you this cheque?” Then they say, it is Sifuna. Then they say, “remember me in 2027.” You would think that that money is their money.

One of the things I do not understand is that these Members of the National Assembly make the dishing out of cheques to appear like something that is so appointed. If your office wrote cheques, how difficult is it to distribute the cheques? It is a physical transaction. So, they come and make noise here and tell us all about how children will not go to school and that cheque has Kshs2,500 on it.

There are people here who are educating children and they do not even announce it. They should come to our offices so that we tell them all those children that I have paid school fees for, even if you see a single one of them with a picture of Sifuna, you should ask me.

They go there and they say, this is so-and-so who did it for me, but you do not see me presenting cheques here in Nairobi saying Sifuna is issuing bursaries today. That is not your money. Can you show us photos of you issuing your own money so that you leave this public money aside?

The Majority Leader even wanted us to extend this thing to plaques. There was a young man who was going around this country called Morara, auditing national projects. The country is littered by plaques written this project was commissioned by William Ruto on this particular day. Those are the other plaques that we need to go for because that is not Ruto's money. He should also remove his name on those plaques. It is the truth. The Majority Leader told us we need to extend it to plaques. I can show you those plaques.

Services, Senate.

We need to call out the MCAs, governors and Members of Parliament (MPs). The only time I have not seen some of these people putting their images is only on coffins. They have even put in the farewell homes, which is very unfortunate. I agree that this issue of branding of images should have included MPs.

Article 231(4) of the Constitution, 2010 of the Republic of Kenya, one of the things includes issues of money; that we do not want to bear an image of anybody in our currency. The youth leader, Sen. (Dr.) Oburu Odinga, was among the people who sat during the constitutional review process in this country. I agree largely with the recommendations of the Committee. We need to ensure once and for all---

Mr. Deputy Speaker, Sir, I wanted to be brief and long enough to cover the essentials. I have even seen Government vehicles, GoK. Why is it that when somebody has a GoK vehicle, you change into civilian number plates? How will you use for the signing out and issue of traffic enforcement laws?

Even here in Parliament, we should also be disciplined as leaders. If you are having a Government property, including houses, do not convert it into your house. I know a number of our colleagues are using national and county government vehicles. If you are driving a Government vehicle, use the numbers that you have been assigned officially, unless there is something you are hiding. I am happy that the former CECM under my good friend, Cyprian Awiti, was there.

We are aware there are people who are misusing Government vehicles and property, including staplers and printers in Government offices. The indiscipline in this country is so much. There is an attitude called “utado”. I do not know where it came from. If it is Government property, people do not care. That is why you saw people burning a police station, law courts, police vehicles and attacking police officers. It is because we have so much bad manners in this country and that attitude, “utado”, because you do not feel responsible. If all of us were responsible for Government property, we would not be doing what we are doing.

This boils down to the values of the nation. We must go back to Article 10 of the Constitution, 2010 of the Republic of Kenya on national governance and principles of good governance and national values. If you see people rising up and destroying and defacing government’s property, then we no longer have that responsibility.

I agree with the recommendation that if you threaten a Government security installation, including Parliament, police station, among others, you are a domestic terrorist and must be dealt with by the law as local terror under the anti-terrorism unit.

On the recommendation on the Ethics and Anti-Corruption Commission (EACC), Office of the Auditor-General (OAG) and Controller Budget (CoB) to report in 30 days, I am a bit jittery about the EACC. For example, in Nandi County, there was the employment scandal, where it was found that there were so many ghost workers. The EACC came with razzmatazz to the County Government of Nandi offices. Up to today, they have not even arrested a rat.

I remember and I hope the Chairperson of the Justice, Legal Affairs and Human Rights Committee is still there, that when we invited the EACC in the last session, the only highest conviction they had achieved at that time was a bribe of Kshs20,000. We need to call upon the EACC to put their act together. If they have a problem with

I rise again under Standing Order No.101 on Contents of Speech. This obsession by Sen. Sifuna of President William Ruto must stop. If he wants to discuss the President, he should bring a substantive Motion, then we can handle it at that point.

Mr. Deputy Speaker, Sir, please, protect the President because he is not here to defend himself. When one makes such assertions against anyone, they have a right to be here and defend themselves. However, since he is not here, he should stop dragging his name here. The Senate Majority Leader can defend himself because he is here.

Can the hon. Senator withdraw and apologize or substantiate because when he says that there are plaques littered with the name of President Ruto? That is not a statement of fact under Standing Order No.105.

Sen. Cherarkey, a minute ago, you were requesting to be given the names of the governors who have plaques. You also mentioned the name of a certain governor. Two wrongs cannot make a right.

Mr. Deputy Speaker, Sir, on a statement of facts, is it in order for Sen. Cherarkey to allege that the only success the EACC has ever achieved was following up on a bribe of Kshs20,000? We are well aware of the successes that the Commission has made, especially on arresting several governors charged with corruption. Can he withdraw and apologise?

Sen. Cherarkey, resume your seat as you listen to the point of order.

Proceed, you have heard what Sen. Hezena has requested you to do.

Mr. Deputy Speaker, the HANSARD can bear me witness. I said in the last session when I was the Chairperson of the Committee on Justice, Legal Affairs and Human Rights, one of the success stories that was tabled, which is in this House, was a Kshs20,000 bribe. Corruption is fighting hard. If you want to be a gatekeeper of some of these institutions, you should know how to approach the game. We are experienced, approach us so that we teach you.

In conclusion, there is no justification for this Kshs42 million car hire services. We must in Nandi---

Sen. Hezena, has Sen. Cherarkey responded correctly?

It is not correct, Mr. Deputy Speaker. He cannot allege that we are gatekeeping for these commissions. I have had the privilege to work with the Ethic and Anti-Corruption Commission (EACC) and we know very well that this is a country ruled by law. I have the privilege of information that the EACC has done so much to follow up on the cases of corruption in this country. He is well aware, since he is very

Order, Senators! I did not finish what I was saying. As much as possible, you know those plaques, billboards and whatever they are, but avoid mentioning names of what you saw, so that we can make progress.

Sen. Cherarkey, we have to make progress. Sen. Sifuna, you can proceed, but avoid mentioning names of other officers.

Mr. Deputy Speaker, Sir, we are not discussing personalities, but discussing our money.

The Senator for Narok came from a time when he was hosting the President in his county and told us “we have been given an airport in Narok and the contractors are there day and night.” One time, I had been given a lift by a friend of mine coming from some place in Western. I said I want to see this airstrip in Narok that has a contractor day and night. I asked the pilot to fly over that space

Mr. Deputy Speaker, Sir, there is a plaque sitting there and there were no contractors there. That young man called Morara has gone round the whole country and has shown us. Even when you visit the so-called stadium in Wote or Kamariny, you will find those plaques. We cannot have those gatekeepers of the executive in the legislature. You do your job and let him do his job.

Mr. Deputy Speaker, Sir, protect me from this heckler.

Sen. Cherarkey, order. Your points of order are not making sense at all.

Can you allow Sen. Sifuna to finish?

Have you ever been in a chopper?

Services, Senate.

Three, as a taxpayer in this country, there are very few things that make me happy because we have serious problems with the way that this Government utilizes our property. When you drive around this country and you see a road sign that says: “Road Maintenance Levy, your taxes have been used to improve this road”, that is the only time that I feel proud to be a taxpayer in this country. However, all these other times, when you talk about people putting their photos everywhere, I have seen governors whenever there is a tax waiver, his photo is bigger than the message that is in the newspaper. I have seen governors buying billboards, the face occupies three quarters of the billboard, the message is so small and the rest of the billboard is his face.

Even this week, I have seen a governor who is my friend and I have to say this because I want him to succeed--- He has bought Prime Time on Citizen TV. I was watching the news at night and I saw the governor advertising a project that is funded by the county government and he is saying that this project has been funded by so-and-so. I was very shocked. Where do you get the money?

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

Services, Senate.

As a responsible Government, you cannot tell us to wait for you to face you in 2027 and you are killing us today. Albert Ojwang’ is in the ground and he will not be able to meet William Ruto in 2027. If all of us should agree---

Sen. Sifuna, you are now contravening Standing Order No.121.

Please, do not interrupt me. The hon. Deputy Speaker is interrupting me.

I gave a ruling and guidance. You know you cannot do elections in the Senate. We do not do that here. Please, avoid mentioning names of state officers. I have warned and cautioned you. That is the first caution under Standing Order No.121. You also know the consequences.

Very well, Mr. Deputy Speaker, Sir. I am saying that all of us must agree that if decisions are made democratically at an election, can we guarantee that all of us get to that election? You cannot tell me to wait for you at the ballot and you make sure I do not get there. Is Albert Ojwang’ supposed to vote from the grave? There is no such a polling station.

When you talk about a state officer standing up and saying that you can shoot people as if people do not die from gunshot wounds--- We saw Rex Masai, the young man killed during protests was shot on the leg. How can you tell the police to shoot people on the legs as if those injuries are sustainable?

We want to make it clear that as a country, we have totally lost our way. We will not have a conversation with someone telling us to wait for 2027 when he is not giving us a chance to get to 2027. He has become an existential threat to this country and he must go as soon as possible.

I thank you, Mr. Deputy Speaker, Sir.

Sen. Wakili Hilary.

Mr. Deputy Speaker, Sir, protect me from Sen. Cherarkey after he has made reference in the local dialect and requested that I speak to the House with it.

Firstly, I laud this gentleman called Laban Omusundi. He has not only been filing public interest petitions in this House on matters like what we are debating today, but also on matters that cover on laws that we legislate in this House. In fact, today, the Committee on Justice, Legal Affairs and Human Rights (JLAC) has a report we were meant to table on another Petition he filed regarding the introduction of a framework on the recall of Members of County Assemblies (MCAs) . In that Petition, he says that the law does not provide for that.

As a patriotic Kenyan, I would like to appreciate him because we have dealt with more than three petitions at the Committee on JLAC by this same gentleman. I needed to appreciate him, so that as he continues to do what most of us cannot do, he should know he is doing that because he is a patriotic Kenyan doing what is expected of us, not only to keep the legislature on toes in terms of enactment of laws but also in public interest

In fact, if you look upstairs, you will see there are children there. So, allow me to teach. When I am standing here, I am not just speaking to this House, I am speaking to the country.

I have seen images of governors on something as mundane as milk packets for school milk, even on meals. So that you want to tell us that this is Sifuna's doing.

I have seen my colleagues in the National Assembly, every single National Government Constituencies Development Fund (NG-CDF) funded project, they have to find a way to put their names on it. Even after the courts ruled that this thing is unconstitutional, they changed it now and said this is Financial Year 2022/2023, then they write “Edwin Sifuna, patron.”

Sen. Wambua, please, proceed.

Thank you, Mr. Deputy Speaker, Sir. I also stand in support of the Report by the Senate Standing Committee on Devolution and Intergovernmental Relations on this Petition by Laban Omusundi.

Mr. Deputy Speaker, Sir, the issues that we, as a Senate, are called upon to deal with in the counties are major, and this is one of them. All of us are born witness to situations where governors in particular counties want to behave as though their names

Sen. Sifuna, there is a point of order again from Sen. Cherarkey.

I rise again under Standing Order No.101 on Contents of Speech. This obsession by Sen. Sifuna of President William Ruto must stop. If he wants to discuss the President, he should bring a substantive Motion, then we can handle it at that point.

Mr. Deputy Speaker, Sir, please, protect the President because he is not here to defend himself. When one makes such assertions against anyone, they have a right to be here and defend themselves. However, since he is not here, he should stop dragging his name here. The Senate Majority Leader can defend himself because he is here.

Can the hon. Senator withdraw and apologize or substantiate because when he says that there are plaques littered with the name of President Ruto? That is not a statement of fact under Standing Order No.105.

Services, Senate. and his party at the ballot, where the Kenyan people will decide which team to elect into office.

Mr. Deputy Speaker, Sir, that can only happen if we have a country by 2027. If we do not have a country by 2027, then even the conversation about the elections in 2027 will be a moot conversation. I appeal for tolerance. To whom much is given, more is required. A lot more is given to the Office of the President, therefore, much more is required from that office.

Services, Senate.

Sen. Sifuna, there was communication from the Chair about that Standing Order, to avoid mentioning names of state officers who are not in this House, unless you bring a substantive motion.

Mr. Deputy Speaker, can I finish?

Can Sen. Cherarkey sit down?

Why is Sen. Sifuna ordering me? You are the Speaker.

Resume your seat.

Order, Senators! I did not finish what I was saying. As much as possible, you know those plaques, billboards and whatever they are, but avoid mentioning names of what you saw, so that we can make progress.

Sen. Cherarkey, we have to make progress. Sen. Sifuna, you can proceed, but avoid mentioning names of other officers.

Mr. Deputy Speaker, Sir, we are not discussing personalities, but discussing our money.

The Senator for Narok came from a time when he was hosting the President in his county and told us “we have been given an airport in Narok and the contractors are there day and night.” One time, I had been given a lift by a friend of mine coming from some place in Western. I said I want to see this airstrip in Narok that has a contractor day and night. I asked the pilot to fly over that space

Mr. Deputy Speaker, Sir, there is a plaque sitting there and there were no contractors there. That young man called Morara has gone round the whole country and has shown us. Even when you visit the so-called stadium in Wote or Kamariny, you will find those plaques. We cannot have those gatekeepers of the executive in the legislature. You do your job and let him do his job.

Mr. Deputy Speaker, Sir, protect me from this heckler.

Sen. Cherarkey, order. Your points of order are not making sense at all.

Can you allow Sen. Sifuna to finish?

Have you ever been in a chopper?

Sen. Cherarkey, I am giving you the first warning this afternoon. No point of order. Let Sen. Sifuna be heard in silence and conclude his contribution.

Mr. Deputy Speaker, Sir, the point I was making was that those plaques with names of either projects that have been started or concluded should bear the same sign that I spoke about – the RMLV and say; “your taxes have built this stadium or Wote or Kamariny” although they do not exist.

I will conclude with something he said and I was quiet when he spoke. I hope he will be quiet.

Mr. Deputy Speaker, Sir, you must be fair to both sides of the House.

You cannot guide me on what to do.

But you have to be fair to both sides of the House. Sen. Wambua, that matter was begun by the Senator for Nandi. He talked extensively and we must respond to things that he said.

Sen. Sifuna, you have informed him. That is fair enough.

Mr. Deputy Speaker, Sir, he will tell you when the information is enough. You should allow him to say whether it is enough because I have more.

Sen. Sifuna!

That is okay. Thank you for the information.

Services, Senate.

Mr. Deputy Speaker, Sir, I am guided by your direction. Allow me to remind this House that on 25th June, 2024, when this House was invaded by young people, everybody else took off, including Members of the National Assembly.

Yesterday in a conversation with the Senate Majority Leader, I reminded him that the decision that the Senate took to stay on course and confront issues as they were to a very great extent saved this country. We should never shy away from confronting our realities. Even when there are serious conflicts, we should never shy away from confronting our realities.

We are the “Upper House”. That is what we pride ourselves to be. When the Senate speaks, the country should listen, the President should listen, the opposition should listen. When the Senate speaks, every other leader in this country should listen to what we are saying.

Mr. Deputy Speaker, Sir, I am guided by your direction, that maybe we need to bring a Motion to discuss these issues or maybe not. The truth of the matter is that we have an opportunity as a Senate to bring the temperatures down and make sure that the country moves in the right direction.

I thank you. An

Sen. Wambua, please, proceed.

Thank you, Mr. Deputy Speaker, Sir. I also stand in support of the Report by the Senate Standing Committee on Devolution and Intergovernmental Relations on this Petition by Laban Omusundi.

Mr. Deputy Speaker, Sir, the issues that we, as a Senate, are called upon to deal with in the counties are major, and this is one of them. All of us are born witness to situations where governors in particular counties want to behave as though their names

Mr. Deputy Speaker, Sir, I can see my home Senator, that is Sen. Wambua, and my county Senator, Sen. Sifuna, want me to speak.

Mr. Deputy Speaker, Sir, before I proceed, I request that you recognise students who have been walking in and out. I can see there are so many schools around.

Services, Senate. and his party at the ballot, where the Kenyan people will decide which team to elect into office.

Mr. Deputy Speaker, Sir, that can only happen if we have a country by 2027. If we do not have a country by 2027, then even the conversation about the elections in 2027 will be a moot conversation. I appeal for tolerance. To whom much is given, more is required. A lot more is given to the Office of the President, therefore, much more is required from that office.

Sen. Wambua, I do not want to cut you short, but be relevant to the Motion, under Standing Order No.120. Stop diverting from the core agenda of the Motion.

Services, Senate. from their houses. That is not private but public money that is got from the taxes that we pay.

Mr. Deputy Speaker, Sir, I would like to emphasise something on the same. When we talk about cars and buildings---

If you want to discuss that matter, you know what to do. Bring a Motion so that we discuss it.

Mr. Deputy Speaker, Sir, I am guided.

On a point of information.

Do you want to be informed?

I can be informed.

Okay, go ahead.

Mr. Deputy Speaker, Sir, I would like to inform Sen. Wambua because he was not in the House. The person who started the discussion about shoot to kill orders was the Senator for Nandi during debate. In the rules of fairness, we also have to comment.

I have to point out that at no point did I hear the Chair interject and say that that was not relevant. What is good for the gander must also be good for the goose. Allow us to speak on matters of national importance.

While you were on the Floor, I gave guidance.

No! You never interjected to stop him. He is the one who brought up that matter.

Sen. Sifuna, you are out of order.

Mr. Deputy Speaker, Sir, you must be fair to both sides of the House.

You cannot guide me on what to do.

Services, Senate.

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

The Senate Majority Leader wants to inform you.

Yes, Mr. Deputy Speaker, Sir. I would love to be informed.

Thank you, Sen. Tabitha Mutinda. I want to inform her because I have heard her speak on this particular topic and I wanted to say the same thing to Sen. Wambua, but I did not get the opportunity. It is on the topic that they are speaking to. They are all saying that we must find a way of bringing sanity back to the country. Part of bringing sanity, Sen. Tabitha Mutinda, includes us being honest with ourselves and stop being dishonest to the country.

There has been a conversation in the country about who owns the goons. You will hear people say they belong to so-and-so. The people who own the goons are those who defend them. Right now, we have a challenge of goons who take advantage of the protests to break into people's shops and police stations. In your county, I saw them steal milk from the most successful cooperative in the country.

Therefore, Sen. Tabitha Mutinda, if you want to address yourself to that particular topic, you must be honest and condemn those goons. You cannot pretend that you want to solve that particular problem, yet you are only addressing one facet of the problem.

I listened to what the President said and he did not say that the protesters should be shot, neither did he say that anybody should be shot. He said that people who are breaking into people's homes, harassing, raping women and stealing people's property should be immobilized and taken to court.

Therefore, the owners of the goons are those who are either defending them or saying absolutely nothing about their conduct.

Services, Senate.

Mr. Deputy Speaker, Sir, I am guided by your direction. Allow me to remind this House that on 25th June, 2024, when this House was invaded by young people, everybody else took off, including Members of the National Assembly.

Yesterday in a conversation with the Senate Majority Leader, I reminded him that the decision that the Senate took to stay on course and confront issues as they were to a very great extent saved this country. We should never shy away from confronting our realities. Even when there are serious conflicts, we should never shy away from confronting our realities.

We are the “Upper House”. That is what we pride ourselves to be. When the Senate speaks, the country should listen, the President should listen, the opposition should listen. When the Senate speaks, every other leader in this country should listen to what we are saying.

Mr. Deputy Speaker, Sir, I am guided by your direction, that maybe we need to bring a Motion to discuss these issues or maybe not. The truth of the matter is that we have an opportunity as a Senate to bring the temperatures down and make sure that the country moves in the right direction.

I thank you. An

On a point of order!

He has concluded. Proceed, Sen. Tabitha.

Mr. Deputy Speaker, Sir, I can see my home Senator, that is Sen. Wambua, and my county Senator, Sen. Sifuna, want me to speak.

Mr. Deputy Speaker, Sir, before I proceed, I request that you recognise students who have been walking in and out. I can see there are so many schools around.

Sen. Tabitha, do not imply that it is the Chair who is not recognising them. From where I am seated, I am not able to see the students. I am guided by my assistants here, but I have not been alerted.

I know you cannot see. That is why in my wisdom I have courteously reminded you.

As I proceed, Mr. Deputy Speaker, Sir, allow me to appreciate Members of the Committee on Devolution and Intergovernmental Relations for the great work done. I can see that after 30 days after adoption, this report should be effective. How I wish it was 14 days? The period of 30 days is long because matters that have been presented by the Committee are very critical.

We have heard from the Committee that county vehicles are branded with names of individual leaders. The notion is that those properties belong to individuals. When I was a Member of the Mediation Committee recently when we had the issue of division of revenue, we tried to arrive at a mediated amount. From where I sat, I could notice Members of the National Assembly arguing and saying that the money was going to be given to governors. As Senators, we had to correct them that the money was not going to be given to individual governors.

That is taxpayers funding that should be utilised as per the law. Projects that need to be done should be done not for a particular governor or leader, but for the people of that region. Monies that we give to the counties and what we have always advocated in terms of late disbursement sound like they are being given to certain persons to control

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.101 (4) on Imputation of Improper Motives. There are aspersions being cast here that anyone who has spoken against Government excesses knows who the goons are.

Nominated Sen. Mutinda comes from my county. She is aware that we have seven-year-olds and 12-year-olds in Mathare who were shot on the balconies of their houses. Were those people breaking into homes? When you give a direct order to people who cannot even aim guns properly, they are shooting people inside their houses. How will they see their legs in their houses? We have people in Nairobi who have died in their houses.

Services, Senate. leaders who are using money that is supposed to fund projects to brand themselves? It is not even a campaign time.

I partly want to agree with what my other home Senator, Sen. Wambua, has talked about. He has said that we, the leaders and politicians, need to minimize the politicking that we are so good at. Politicians have been instigating and increasing temperatures. It is true that Kenyans are angry and frustrated but we cannot be leaders who do not offer solutions. We should be ones offering solutions.

This country is not for one individual or one community. It is for all of us. I wish that when the young generation get blessed with their little ones, they should not give them vernacular surnames. Instead, if a kid is born and the mother is called Tabitha and the father is called Enoch, that child should be called Tabitha Enoch. We are still instigating this tribal thing up to date.

The conversation that is there today is a community conversation, which is still bringing more issues and anger to our people. Our young people need jobs and that conversation can only be done on tables with the relevant leaders, led by none other than Dr. William Ruto, the President of this country. He should put the business people, church leaders, university leaders and us, the leaders of this nation, on the table for us to have an economic discussion that will ensure that our young people get opportunities.

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

Services, Senate.

To who?

To leaders Senators in this House. You have heard it.

Sen. Mutinda, what do you want to say?

Mr. Deputy Speaker, Sir. What is Sen. Sifuna talking about? Which improper motive?

Allow me to complete my point of order.

I want her to repeat what she is saying, so that I can capture as you execute your point of order.

Chair, can I complete my point of order?

You are completing on what ground?

Services, Senate.

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

The Senate Majority Leader wants to inform you.

Yes, Mr. Deputy Speaker, Sir. I would love to be informed.

Services, Senate.

As they say, huwa wakati mwingine kunachemka. You are welcome to the Senate to follow debate on important national matters. Some of us started from there, Mumias, and now we are here. So, you will also be here. Let nobody tell you that you cannot be here or you cannot be what you want to be.

Thank you, Mr. Deputy Speaker, Sir. I am a member of the Committee on Devolution and Intergovernmental Relations.

I stand to applaud Mr. Laban Omusundi for his very progressive petitions to this House and to Parliament that are very momentous and relevant to the times of our nation at the moment.

The issues raised by Mr. Laban Omusundi in terms of barring the appending of personal images and names on public projects is an important issue that is at the core of the values and principles of the Constitution. To be precise, Article 10 requires that the governance system in this country shall be accountable and transparent.

Chapter Six has very key provisions on leadership and integrity. When it comes to responsibilities expected of leaders in this country, Article 73 (2) (1) requires that leaders shall be honest in the execution of public duties. When I am advanced or I use public resources to develop a project and then I call it a Catherine Mumma Project, that is clear evidence of dishonesty. Those who are currently appending their names on public projects are in violation of Chapter Six of our Constitution.

Mr. Deputy Speaker, Article 75 (1b) is also relevant on this matter. It talks about the conduct of state officers and requires that state officers shall not compromise any public or official interest in favor of personal interest. When I take my picture, my name and append it on a classroom built by public resources that I have some supervision over, I am compromising public interest for personal gain.

How do I do so? I want those in the public to believe that I am the one who has done that, usually, so that they can elect me at the next election. It is a violation of Chapter Six of the Constitution in clear terms.

Mr. Deputy Speaker, Sir, what Mr. Omusundi has raised, and I told him when we were doing public participation, is that the only thing I regretted about his Petition was the fact that he was restricting it to governors and MCAs. This is a Petition that touches on both the national and county government officials. This includes us in the Parliament. We have also fallen into the trap of appending our pictures and names on public projects implemented with public resources. We have made the public imagine that we are the ones funding those projects.

I believe beyond what we have recommended as a Committee. I call upon Mr. Omusundi and others who would go for public interest litigation that any public officer who appends their name on public projects should, on the basis of the Articles that I have just read, be barred from standing for public office. In fact, they need to be barred from holding any public office.

Very well informed. I never thought that my good colleague, Sen. (Dr.) Murango, would walk out. I was just curious. I have one of the most unique hairstyles. I, therefore, thought he would be looking up, but got astonished that he was looking down there.

All said, Mr. Deputy Speaker, Sir, allow me to continue from where I was briefly interrupted.

The conversation that I am talking about is one that we, as leaders, need to welcome--- What I am saying is that we should not narrow it to community issues. I represent Nairobi City County where properties and businesses were destroyed. The people who destroyed those businesses and properties should be brought to book. I agree to that 100 per cent. However, the question is: Is that the way to go? Is that the solution? Should we have leaders inciting young people to destroy businesses which should be offering them job opportunities? I have heard leaders say that they know the goons. I will not mention them because you have directed that we should not mention names. There is a saying that a thief knows a thief and a thief is used to catch a thief. They should be on the front line to tell us the people who are bringing the goons.

Services, Senate.

If they do not say it, it means they are supporting the hooliganism that we have seen. I saw a video of young goons going to invade an estate. People decided not to go for the demonstrations, but the young people entered their homes. We cannot sit back and say it is okay because it is not okay. The leaders who are saying they know those goons should be on the front line to bring them to book. This is because those people are being used to destroy people's property.

Allow me to finish, my home Senator.

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

Services, Senate. to use that facility. People of that village are now requesting to use this building, give it to the county government so that it can make a hospital out of it because we have issues with women delivering. However, because Catherine did not like what Asige did, Catherine decides she will not continue with the good project that Asige did. So, we must remove our names and pictures from projects. We must allow public projects to remain public projects and if we do so, the personal benefit will move away and even elections now become level playing field.

Mr. Deputy Speaker, Sir, you directed us that if we want to have this conversation, then there is a way for us to have it.

Sen. Tabitha Mutinda wants a continuation of this conversation and you are not stopping her. Can she tell us who these leaders are? Who are these leaders inciting people?

Personally, as a leader in this country, in the opposition, I am squarely opposed to any kind of violence, robbery or destruction of property. Any person who does that, the leaders and the people who do it, must face the full force of the law. That is the position we have taken.

If, then Sen. Tabitha is so sure about the leaders who are inciting people, why are those leaders not arrested? Why are they roaming freely in the country?

Hon. Senators, I would like to acknowledge the presence in the public gallery this afternoon of visiting teachers and students from Kipsoen Boys High School in Elgeyo-Marakwet County.

The delegation comprises three teachers and 48 students who are in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit.

Thank you. Since the Senator representing Elgeyo-Marakwet County is out on other duties, I would like Sen. Asige to welcome the visitors from Elgeyo-Marakwet.

Thank you for the opportunity to give a warm welcome to the Boys School from Elgeyo-Marakwet. I welcome you heartily to the Senate. I am hoping that you have not just enjoyable, but also educational visit, and you get to meet and understand the mandate that we hold here in the Senate as Members of Parliament representing your county and other counties across the nation.

As a young person myself here in the Senate representing youth, women, and persons with disabilities because I also have a disability myself, which is visual, I just wanted to encourage the young men amongst us today that they be here in this position that we are sitting in. Since they are not the future generation, they are the generation for today. I hope and pray that they believe and see that they can change this nation. They can definitely give us a brighter future. I hope you make better decisions than some of our past legislators and maybe some of us might make here and there. We do make mistakes as well, but learn from us and do better than us in future.

Next is Sen. Thang’wa Paul Karungo.

Thank you, Mr. Deputy Speaker, for the opportunity. However, before I give my contribution, I do not know which Standing Order prohibits this Senate

Services, Senate. from mentioning the public officers' names. The only thing it prohibits is discussing their character. We know the President is William Ruto. We know the Cabinet Secretary for Interior and National Administration is Kipchumba Murkomen. We know them by name. So, by prohibiting us from just mentioning their names, yet their public officers, is wrong, unless the Senate is not aware who the President is.

You want to challenge my guidance? It has been said many times. This is not the first time.

I am not challenging, unless the Senate probably does not want us to mention the names of those people who work for Kenyans. Nevertheless, let me give my contribution.

The issue of public and state officers branding public projects with their names and portraits is equally corrupt. This is because you are using public projects to promote yourself. I can give an example. In Zaire, there was a President by the name Mobutu Sese Seko. Mobutu Sese Seko changed everything to his name, from the airport, to the roads, to the schools. Actually, in that country, they were calling it Mobutuism because he used to name everything in his name. However, when he was overthrown in 1997, all those names were removed within a day and he was forgotten within a day.

In Rwanda here, President Kagame, has refused to brand anything with any official's name. Even his portrait is not hung in schools or anywhere in businesses. Those are two Presidents we can see who are pulling from different sides.

I remember very well, I requested for a statement that has never been responded to here. I requested to know how many schools or how many amenities or how many roads are named after the former Presidents of this country. I asked how many schools are named after Moi, Kibaki, Uhuru Kenyatta, Jomo Kenyatta, or even William Ruto himself. I have not received that, but this is the right time to discuss even that as we discuss this issue of branding.

When we brand, it is self-promotion. You are promoting yourself using the taxpayer's money. I can give you a very good example. In Embu, a county that is in Mount Kenya, their only stadium is called Moi Stadium. Moi is not playing there. Why do we have a stadium in Embu that is called that President, that time? I believe it is a time, as we discuss this issue, we give people and their counties an opportunity to name those amenities, utilities and those projects the names that they would want.

If you come to Kiambu County, we do not entertain that. We have Kirigiti Stadium, Thika Stadium, Ndumberi Stadium, the Githunguri Stadium, but not to name it after people and probably those people never did justice to the people. If it was a good person, if it was a martyr, if it was somebody who fought for freedom but not a President who for so many times probably really was not a good President, Governor, MP, MCA, Senator, or even Women Representative.

If you look at the Constitution, which has been quoted by the Petitioner, Mr. Laban Omusundi, his argument is from Article 231 of the Constitution. It says-

“ (4) Notes and coins issued by the Central Bank of Kenya may bear images that depict or symbolise Kenya or an aspect of Kenya, but shall not bear the portrait of any individual.”

Sen. Mutinda, what do you want to say?

Mr. Deputy Speaker, Sir. What is Sen. Sifuna talking about? Which improper motive?

Services, Senate.

If you want to know that EACC is working, you will see them chasing a police officer who has received a bribe of Kshs50. That is why I say, I know corruption is not good, but go for the bigger evil. Leave the policemen alone. He was taking Kshs50. Go for the governor who has used millions of money to put up a billboard or a newspaper advert saying that they are giving land waiver and yet his image is more than half of the message.

Today if you listen to our vernacular radio station; if you allowed me, I could say it the way they say it in our vernacular. You will hear the presenter saying it is 9.00 o'clock, time being notified by governor so and so of a certain county, who is reminding you to pay your land rates. A governor is reminding me time on a radio station using tax- payers’ money. It happens every day, every moment, 12 times a day. You can see what they are doing with our minds. That is radicalization. You will think the governor is giving you a waiver; he is not.

Mr. Deputy Speaker, Sir, the law is very clear, there is no governor who gives land waivers. It is only a CECM Treasury or Finance who has been given an opportunity by the law to give land waivers, not a governor or anyone. We, therefore, do not understand why they are putting images and some of those images are not attractive. When you are told to pay a fine and you look at that person or that image, you can get depressed. Can they put logos and emblems of our counties?

As I conclude, we talk about misuse of funds, but you will see a governor putting the portrait on an ambulance or at the gate, welcoming you to their county. I have gone to Meru and when you are going there, you pass Embu and Kirinyaga counties. You will see some of the portraits saying; welcome to so-and-so county and you will see their image.

I am giving this as an example, but what this tells me is to not to think about the people of that county. Start thinking about that governor. Start thinking about that person, rather than the heritage, the homecoming, hospitality, the good and social behaviour of that particular county. If we do not stop the governors from doing this, then we will confuse our people.

Mr. Deputy Speaker, Sir, governors as we have been told here by Sen. Mumma, call it so so-and-so care. We do not care. We do not care about who or what name is on that project. What we care about is that, you are using tax-payers’ money, so, do not put your name in that project.

This should cut across to even the MPs. You use NC-CDF, but you put up a CDF block saying; under the patronage of--- and then you put your name in there. I mean when you put the year that it was built, it says; we will remember who was the MP then. Otherwise, if you put a NG-CDF project by a certain MP, then you should equally put the names of all the tax-payers’ money because they paid that money. They should have a bigger billboard to put all the 50 million names of Kenyans.

Mr. Deputy Speaker, Sir, with that, I support.

Sen. Beatrice Akinyi.

Mr. Deputy Speaker, Sir, I thank you for this opportunity to support this report. Just last week, I was amongst the delegation at the Pre-Devolution Conference in Homa Bay County as was hosted by the Governor of Homa Bay and the

You are completing on what ground?

I am requesting Sen. Tabitha to clarify.

Services, Senate. national TV, made a very misleading statement that Raila used to own protests. Those were the specific words that one leader mentioned on a national TV.

I am surprised this leader mentioned Raila's name so many times in the course of their presentation even more than he mentioned his leader, who is the lord of shares.

The statement that the leader made on Citizen Television is that in yesteryears, Raila used to own protests. I keep on wondering whether protests are a contest and whether there is a competition of who has done protests more than the other. Are we competing on whose protests are more magnanimous and which protests have caused major damages?

Mr. Temporary Speaker, Sir, I am guided. What I was asking is why a leader should wish a magnanimous leader like Raila Amolo Odinga or anybody death.

Services, Senate.

Mr. Temporary Speaker, Sir, I would like to relate to you a story as I wind up. One time we had a by-election in Homa Bay County and one leader indicated that one of the contestants was an old man who would take people to a by-election soon. The next day, we lost that same person who made that allegation. Seven years to date, that old man he was referring is still alive. It is God who gives life. I want to ask us, leaders, to be responsible. We only have one country and we all have a duty to protect. We only have one country and we must lead by example.

I support this Petition and laud the Petitioner. Kenya is, indeed, a democratic country that gives everybody space to bring their issues up. Thank you, Mr. Temporary Speaker, Sir. I leave my minutes because my colleague needs to make some point.

Asante sana, Bw. Spika wa muda, kwa kunipa hii nafasi ili niweze kuongea na kuunga mkono matamshi ambayo yametolewa na wenzangu siku ya leo kuhusu mchakato mzima na ombi ambao umeletwa mbele ya Seneti. Ombi hii inahusu maandishi ambayo yanaandikwa na baadhi ya magavana wanapojenga barabara, choo na vitu vingine.

Ya kushangaza ni kwamba hao magavana wanapojenga makafani au mortuary kwa kimombo, huwa hawaweki picha zao. Sijui kama ni sadfa kwa wote ama ni kwa kusudi. Sio magavana peke yao ndio hufanya hivi. Tuko pia na Wabunge wa Bunge la Kitaifa. Barabara inapojengwa, ile kibao ambayo inawekwa katika ile barabara ama kitu chochote ambacho kinajengwa huwa ni kubwa na dhamani yake huwa kubwa sana kushinda fedha ambayo imetumika katika hiyo maendeleo.

Ninapokuja katika Bunge la Seneti, huwa ninaona bendera za kaunti zote 47. Kila bendera iko na alama na lebo ya kaunti zote 47. Kwa hivyo, kama wanataka kutofautisha na kuonyesha maendeleo ambayo wanafanya katika kaunti zetu, ni rahisi kufanya hivyo wakitumia lebo ambazo zimepitishwa katika bunge za gatuzi.

Kuna baraza la magavana na magavana wote wanafanana. Hao ni binadamu. Wengi wao wanaongea pamoja. Kwa hivyo, hatuwezi chinja bata kwa kosa la kuharisha kwa sababu bata wote huharisha. Tunachopaswa kufanya ni kutunga sheria. Tunapolaumu dobi kwa kosa la kutotakasa kamisi na weusi ni rangi yake, basi tutakuwa tunaongea na hakuna kitu ambacho tunafanya. Sisi kama Bunge la Seneti ndio tunafaa kukaa chini, kutunga sheria na kuhakikisha ya kwamba gatuzi zetu zote haziweki picha za mtu binafsi kwa sababu amefanya maendeleo ambayo anafaa kufanya.

Gavana anapotumia fedha za umma na kuweka kibandiko kikubwa ambacho kinagharimu pesa nyingi kuonyesha ya kwamba amefanya kazi ni sawa na kuzawadi samaki kwa sababu ameogelea ilhali tunajua ya kwamba ni kawaida samaki kuogelea.

Sisi ambao tunapitisha fedha hapa huwa tunatumia wakati wetu, tunatoa jasho na damu kupitisha zile fedha. Saa hizi, tumeng’ang’ana hata tukakuwa na kamati ya uwiano ili kuhakikisha ya kwamba magavana wamepata Shilingi 415 bilioni. Je, sisi picha zetu tutaziweka wapi ama zitabaki tu kwa mikoba kwa sababu sisi tunapitisha tu pesa na hatujapewa uwezo wa kikatiba kubandika picha zetu.

Pia ningependa kusema ya kwamba sisi huongea kwa hii Seneti lakini hatusikizwi. Umuhimu wa makalio hujulikana wakati umemea jipu. Wale magavana hujua ya kwamba Seneti iko wakati wamepata shida. Tunapopitisha pesa na kuongea mambo yasiyofaa kuliko tukae chini tuvalie njuga jambo hili na kusikizana ya kwamba

Services, Senate. kuna mambo ambayo siyo mazuri kufanya katika kaunti zetu, bado sisi wanatuchukulia to kama bwege. Siku inafika wakati watakuja kuingia kumi na nane zetu. Na ndipo wengi wakilia kuwa wanapigwa swaga.

Maneno tunayoongea hapa na wakati tunaotumia tunafaa kuwa tunasikizwa. Nilisema hapo kitambo sisi ni kama mashine inayobomoa misitu ikijenga barabara baadaye inasemekana iwekwe juu ya lori isiharibu barabara na tumesema iwe hivyo.

Tunafaa jambo kama hili tulizingatie and tulizungumzie. Hata kama ni kupitisha pesa kwanza tuangalie kama kuna matumizi mabaya. Siwapi magavana wosia. Mimi sio mnasimu lakini ninayoongea hapa ninajua wale walionituma hapa pia wanasema vivyo hivyo. Ukiagalia ripoti ya Mkaguzi Mkuu wa Fedha, utapata ya kwamba fedha nyingi zinazopotea ni kwa mabango yanayowekwa picha.

Nikiona picha ya gavana imewekwa katika bango huwa inanikumbusha kwamba katika duka unapotaka kuua mbu, utapata kuna dawa inayoitwa Doom amabayo huwa imechorwa mbu. Inaenda kuua mbu bali haina manufaa kwa mbu

Haya mabango yanayowekwa na magavana katika mendeleo yanayofanyiwa mwananchi kwa pesa za umma haimaanishi kuna mambo mazuri yanayofanyika katika kaunti zetu. Gavana anapoletwa hapa kwa sababu hafuati tunayosema ashajua kwamba dunia ni gunia tofauti ni herufi moja anaanza kulia eti anaonewa na mengine.

Mstahiki Spika wa Muda, mimi ni Mlokole. Ninaamini sijafanya mambo mengi kuwa malaika lakini ninajua sijakosea sana kuwa ibilisi. Ndipo wakati mwingi katika maombi yangu huwa ninamwambia Mungu atuepishe na bangi na viroba vya ugoro kwa sababu maneno yanayofanywa wakati mwingine na viongozi hata wewe huwezi kuyafikiria.

Unapita katika shedi za boda boda, kitu cha kwanza kuona ni picha kubwa ya gavana. Bila kupoteza wakati, ningependa kuwaambia wananchi walio katika kaunti kwamba ukiona bango limewekwa mahali hiyo ni kumbusho kwamba kuna kitu kimeibiwa.

Hebu nitoe falsafa moja ya bweha na simba. Wakati mmoja simba alimshika bweha na akamwambia, “nitakukula kama hutaniletea kitu chingine cha kula.” Bweha akasema, “nitakuletea, tena kikubwa utakachokula siku mbili au tatu.” Bweha alienda kwa punda na kumwelezea kwamba simba na wanyama wote walikuwa wamekubaliana kwamba punda ndiye kiongozi na kwa hivyo, alikuwa akiitwa na simba.

Alipofika kwa simba, jambo la kwanza ni kumrukia na kumg’ata mkia. Mkia ulikatika na punda akakimbia akipiga mayowe. Alifuatwa na bweha na kuambiwa, “kwani wewe ni baradhuli. Mbona unakimbia? Simba amekukata mkia uli uweze kukalia kiti cha enzi. Huwezi kukalia ukiwa na mkia.”

Punda kwa upumbavu wake alirudi kwa simba aliyemrukia mara ya pili na kumkata masikio. Alitoroka tena akipiga mayowe akifuatwa na bweha. Mbwega akamwuuliza, “wewe mjinga? Hujui simba amekukata masikio ili ile kofia ya enzi iweze kutoshea katika kichwa chako?”Mwishowe, punda aliporudi aliuawa na simba.

Simba alimwambia bweha, “sasa kwa sababu umwefanya kazi yako nenda kamchinje halafu uniletee maini, moyo na aliki yake nile.” Bweha alipoenda kuchinja punda alikula akili yote akaleta ini na moyo.

Services, Senate.

Simba alimwuuliza, “mbona hukuleta akili? Bweha alimwuuliza, “wewe mfalme, unaona huyu punda alikuwa na akili yoyote. Angekuwa na akili, angerudi mara mbili baada ya kukatwa mkia na masikio?”

Kuna mambo ambayo watu wanaambiwa na wengi wanapiga makofi katika kaunti zetu kwa sababu wanaona kana kwamba kazi imefanyika, lakini huwa wanachukuliwa rahisi kama bei ya chumvi.

Bw. Spika wa Muda, hebu niongee kidogo kuhusu sheria ambazo zinatoka mahali kwengine ukiniruhisu kwa sababu zinaambatana. Tunafaa kuwa wangalifu wakati tunapopitisha sheria, iwe ya gavana ama yoyote ile. Ukiangalia sheria zingine saa hii, unaanza kuweweseka na nywele shingoni zinaanza kuamka. Wakati tunapopitisha sheria zinazoenda kutumika, lazima tuwe tumefanya sample.

Kwa nini nasema hivyo? Sheria zinapokuja hapa ni kama msumeno. Msumeno hukata mbele na nyuma. Kwa hivyo, wakati tunapopitisha sheria, tunatia makali msumeno. Tunasahau kwamba huenda siku moja ule msumeno ukaja kukata msitu tunaojificha kama viongozi, tuachwe tukionekana uchi na kila mtu.

Mwaka 2012, kuna sheria iliyopitishwa inayoitwa kwa kimombo, “Prevention of Terrorism Act (POTA)”. Sikuwa katika Bunge hili wakati huo. Kuna zingine zitaendelea kuja na kuna zingine najua nishafika hapa. Lazima tujue kwamba zile sheria tunazopitisha zitatumika inavyofaa .

Leo nimetoka mahali ambapo kuna watoto 11 chini ya miaka 17 na jaji ameamua kwamba wanafaa kuachiliwa, lakini wamewekwa pamoja na watu wazima. Sheria rahisi zinazofaa kufuatwa zinatutia aibu. Unashangaa anayetuma watoto wadogo wawekwe pamoja na watu wazima, hajui kwamba kuna sheria kuhusu watoto? Ni vizuri tuwe makini tunapopitisha sheria hata kama tunasema zichungwe.

Nikimalizia, kipofu anapoanza kuona, kitu cha kwanza kutupa ni ule mkongojo alioutumia kwa miaka mingi wakati alikuwa haoni. Tunapofanya kitu cha maana kama kupitisha fedha na kufikia maridhiano, wa kwanza kutemwa ni sisi Maseneta. Kwa nini tunatemwa ilhali tumepewa kila kitu? Kweli tunabweka vilivyo, lakini ni lini tutaanza kuuma? Hilo ndio swali kubwa.

Kwa sababu leo tunaongelea hili, tutajadili lile. Ukienda nyumbani, utakutana tu na picha za magavana kila mahali. Nimeuliza swali hapo awali, kama maendeleo ni maendeleo, kwa sababu kuku ni kuku, jogoo ni jina, kwa nini hawaweki picha zao katika makafani, kwa kimombo, “mortuary”? Kwa nini hawaweki picha zao huko, wanachagua tu mahali wamejenga daraja na barabara?

Barabara inapotengenezwa na kuwekwa hicho kibandiko kikubwa, ikiharibika mwaka ujao, hawaweki picha zao kwa kile kibandiko walichoweka hapo awali. Wanaweka kingine cha pili pale pale. Unaona kuna ubadhirifu na tunapoteza pesa nyingi sana.

Ningeomba magavana, kama kuna ulazima wa kuweka picha zao, waweke kwao nyumbani. Huko ndio muhimu. Utendakazi wa Serikali Kuu na ugatuzi si mapenzi. Kama unataka kuweka picha, weka kwa whatsapp ama uende uzitume kwa mtu anayekupenda.

Baadhi yao kweli wako na sura nzuri, lakini kuna wengine pia wako na sura nzito na wanalazimisha kuweka picha zao katika miradi ambayo hawafai kuonekana. Kuna mmoja ana sura nzito kama ule uji unaopewa wanawake wa martenity. Unapata alijenga

Services, Senate. shule ya chekechea na kuweka picha yake mlangoni. Kuliko kufanya watoto waje, wanatoroka. Umuhimu wa hizo picha zote ni nini?

Bw. Spika wa Muda, nitamaliza hapo ili wenzangu waweze kuongea. Sen. Mariam ananieleza kuwa wakati uko karibu kuisha. Kwa hivyo, nitaachia hapo ili wenzangu waweze kuongea.

Asante sana.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity. I also support this report from the Standing Committee on Devolution and Intergovernmental Relations concerning a Petition on the branding of public projects with images of governors and Members of County Assemblies (MCAs) and branding of county vehicles.

This issue of branding of the project is personalizing the public resources. The prayer of the petition is the amendment of the County Governments Act which talks about not branding county projects and the vehicles.

I personally have seen duplication of the projects by different state corporations. There is a water project which has been done by three people. It was done by ADB, later on done by a Member of Parliament and later on done by again the state corporation Water Service Board. So, many projects are done in Kenya by different agencies. There are projects done by ADB, World Bank, UNICEF and none of them put their pictures or the flags of their governments or do branding on those projects. Why should the Member of Parliament, the MCA or the Governor put their images or brand the projects and yet these are Government or public resources? The brand the project showing that this is the project done by so and so and it has their picture.

We should not allow that because this is a project which is beneficial to each person. If you put individual pictures there, it may give the impression that this project is meant for one community and another community in a different scenario or in a political line. Also, it helps in political campaign for individual political parties.

On this issue of branding of the vehicle, the number plates of the Government vehicles are different from that of a private vehicle. If we restrict ourselves on the registration of the vehicle number, it is enough instead of putting individual picture of the Governor.

As Senators, we have fought for devolution to work and devolution is working. I am also a Member of the Committee on Finance and Budget and we have fought with our chair that we raise the shareable figure to Kshs415 billion. If we have added the amount of money for them, then they should not personalize the projects they are doing.

In this case, the EACC, the Auditor General and also Controller of Budget must collaborate to investigate on this so that the integrity and accountability of each office holders can be done, so that this branding cannot be done for the vehicles and for the projects.

When it comes to this shareable figure of the equitable share, the governors are saying these are flagship projects for them. That shows that individual has personalized those projects and ended up putting their pictures and brands.

Thank you for the opportunity to give a warm welcome to the Boys School from Elgeyo-Marakwet. I welcome you heartily to the Senate. I am hoping that you have not just enjoyable, but also educational visit, and you get to meet and understand the mandate that we hold here in the Senate as Members of Parliament representing your county and other counties across the nation.

As a young person myself here in the Senate representing youth, women, and persons with disabilities because I also have a disability myself, which is visual, I just wanted to encourage the young men amongst us today that they be here in this position that we are sitting in. Since they are not the future generation, they are the generation for today. I hope and pray that they believe and see that they can change this nation. They can definitely give us a brighter future. I hope you make better decisions than some of our past legislators and maybe some of us might make here and there. We do make mistakes as well, but learn from us and do better than us in future.

Next is Sen. Thang’wa Paul Karungo.

Thank you, Mr. Deputy Speaker, for the opportunity. However, before I give my contribution, I do not know which Standing Order prohibits this Senate

Services, Senate. from mentioning the public officers' names. The only thing it prohibits is discussing their character. We know the President is William Ruto. We know the Cabinet Secretary for Interior and National Administration is Kipchumba Murkomen. We know them by name. So, by prohibiting us from just mentioning their names, yet their public officers, is wrong, unless the Senate is not aware who the President is.

You want to challenge my guidance? It has been said many times. This is not the first time.

Services, Senate. that the project was initiated on a certain date, institution or company that did it, project amount and completion date. That way, the issue of duplication will not be there. The President has initiated many projects and the follow-up should be there. He should, at his fingertips, know the project initiated by the national Government this year and their completion date. That also includes those initiated by county governments and the NG- CDF.

Sometimes I fail to understand. This is because monies that go to the counties, over 90 per cent, are mainly monies from the taxpayerse. They at times behave as if it is not money from the taxpayers. You might think the money is from the governor's own pocket. Sometimes, people forget that the money belongs to the people of Kenya and cannot just be used the way one wants. They cannot put their name, placards and even their friend's name. That is not possible.

Having said that, I want to give my friend, Sen. Nyamu, an opportunity to also contribute on this. I take this opportunity to support this Motion and request Sen. Nyamu to support this Motion. This is because I think she will either be a Governor, a Senator or a Woman Representative in Nairobi City County. I pray for her and will give her my support. We have about 50,000 voters from Marsabit County and we will see. If she speaks well today, we will see if she can get that support.

Having said that, I thank you very much for this opportunity. I support this Motion.

Services, Senate.

Mr. Deputy Speaker, Sir, the 2010 Constitution prohibited any President from putting their image on the money and that is why the last President on the money was President Moi. The other Presidents; Uhuru, Kibaki and Ruto, are not on our notes because the law had seen the self-promotion and symbolizing oneself, so that when you see some money, you will not think that it is the president giving you that money you have worked hard for.

As the Constitution says, there are county governments notorious for branding with their portraits and their names. I have seen an ambulance with a photo or a portrait of a governor. You can imagine if there was a governor who has said shoot to kill and you are shot and then you enter an ambulance and you see his portrait as you are being taken to the hospital.

Mr. Deputy Speaker, Sir, or probably you have had an accident because the governor did not fix that road or because traffic marshals are not doing their work. When you are being taken to hospital as if an accident was not enough to torment you, inside the ambulance, you are seeing the governor.

We should utilize Section Four of the County Governments Act that says every county should have a symbol. What is a symbol? There is a symbol, an emblem and a flag. The spirit of that section was so that every county should have an identity. If you walk in our corridors here, you will see every flag for every county. I wish every county could use their symbols on every government project or every ambulance.

I thank my Governor, Kimani Wamatangi, because for the first time, Kiambu County can see the colours and the emblems that are there. The only problem is he is putting his image in those too. If he removes the image, we will praise him for doing what is supposed to be done.

Mr. Deputy Speaker, Sir, we were told that there was a county, which I will not mention, which was branding school milk. When I was growing up, even today, I can still remember maziwa ya Nyayo because he was not giving us milk, but he was giving us his name. That is why it is still in my mind. I cannot remember the milk, but I can remember Nyayo. That is radicalization.

You know we have forgotten all these issues and we were okay because it was then, but when we see what is happening today and hear leaders say; the current regime is reminding us the era of Nyayo, then you can imagine the nightmares people who took maziwa ya Nyayo are going through. I am trying to say that today, we might think we are doing right by branding names on roads, stadiums, vehicles and on ambulances. However, in future when that little child who is in school, especially the ones in Early Childhood Development Education (ECDE) is wearing a t-shirt with a sweater with the image of a governor, they will be tormented in future after understanding that they never made it because the governor did not do what they were supposed to do.

Mr. Deputy Speaker, Sir, we are also trying to cure child trauma today because we know in future, those are the things that people are going to be remembering. The EACC should act on this issue because branding and putting their images is breaking the Leadership and Integrity Act, Section 13 and 20. This means that EACC is not doing its work.

Services, Senate.

If you want to know that EACC is working, you will see them chasing a police officer who has received a bribe of Kshs50. That is why I say, I know corruption is not good, but go for the bigger evil. Leave the policemen alone. He was taking Kshs50. Go for the governor who has used millions of money to put up a billboard or a newspaper advert saying that they are giving land waiver and yet his image is more than half of the message.

Today if you listen to our vernacular radio station; if you allowed me, I could say it the way they say it in our vernacular. You will hear the presenter saying it is 9.00 o'clock, time being notified by governor so and so of a certain county, who is reminding you to pay your land rates. A governor is reminding me time on a radio station using tax- payers’ money. It happens every day, every moment, 12 times a day. You can see what they are doing with our minds. That is radicalization. You will think the governor is giving you a waiver; he is not.

Mr. Deputy Speaker, Sir, the law is very clear, there is no governor who gives land waivers. It is only a CECM Treasury or Finance who has been given an opportunity by the law to give land waivers, not a governor or anyone. We, therefore, do not understand why they are putting images and some of those images are not attractive. When you are told to pay a fine and you look at that person or that image, you can get depressed. Can they put logos and emblems of our counties?

As I conclude, we talk about misuse of funds, but you will see a governor putting the portrait on an ambulance or at the gate, welcoming you to their county. I have gone to Meru and when you are going there, you pass Embu and Kirinyaga counties. You will see some of the portraits saying; welcome to so-and-so county and you will see their image.

I am giving this as an example, but what this tells me is to not to think about the people of that county. Start thinking about that governor. Start thinking about that person, rather than the heritage, the homecoming, hospitality, the good and social behaviour of that particular county. If we do not stop the governors from doing this, then we will confuse our people.

Mr. Deputy Speaker, Sir, governors as we have been told here by Sen. Mumma, call it so so-and-so care. We do not care. We do not care about who or what name is on that project. What we care about is that, you are using tax-payers’ money, so, do not put your name in that project.

This should cut across to even the MPs. You use NC-CDF, but you put up a CDF block saying; under the patronage of--- and then you put your name in there. I mean when you put the year that it was built, it says; we will remember who was the MP then. Otherwise, if you put a NG-CDF project by a certain MP, then you should equally put the names of all the tax-payers’ money because they paid that money. They should have a bigger billboard to put all the 50 million names of Kenyans.

Mr. Deputy Speaker, Sir, with that, I support.

Sen. Beatrice Akinyi.

Mr. Deputy Speaker, Sir, I thank you for this opportunity to support this report. Just last week, I was amongst the delegation at the Pre-Devolution Conference in Homa Bay County as was hosted by the Governor of Homa Bay and the

Services, Senate. CoG. You should have seen and we continue to see the kind of interest and the value our people attach to devolution.

As I start making my presentation, I want to state to you that devolution should work and devolution must be made to work. I also stated there, that devolution must be made to work and devolution should be supported by everyone else, including the national Government sectors. This is because when devolution works, we will receive equity in development that we are all looking forward to and all Kenyans expect.

Mr. Deputy Speaker, Sir, as we talk about the branding of public projects with images of governors and members of county assemblies, I sincerely would not really care about who brands what, whose picture is where, if all these projects are implemented and if and when these projects that are initiated and branded are completed. In most of our counties and everywhere else in general, you see projects that have been initiated, brand pictures have been put and yet the projects have not even been completed.

My main concern with these projects as budgeted for by the Executive and approved by the county assemblies, is that they must be implemented. All over counties, our people supported and we supported devolution because we wanted services closer to our people and projects taken to all the wards and down even to the villages, so that we would achieve the equity that we are talking about. That is why I say that I may not care so much whose picture is where. If only those projects would be implemented, completed and would be in use by the people of Kenya, then I would be a very happy Senator seated here.

The other concern that we have with the projects down there is that of duplication of projects. For instance, on roads projects, when you go to the ground, in some projects Kenya Rural Roads Authority (KeRRA) says they have done them, that is a national outfit, yet the counties are also claiming they have done them. That is what should concern the Senate. That as we approve budgets and they go down, who implements them? Why should we have one road being claimed by two entities? That is really what would concern me.

When you come to the branding of the vehicles, traditionally we have grown in this country and we have always known that the red number plate shows it is a mission vehicle, the green number plates in the last few years is an indication that was a county government vehicle that was formerly owned by the county councils. We have the blue number plate implying it is a vehicle belonging to a parastatal. That is only for identity and for ease of picking which vehicle this is. It is really not meant to make them look like personal issues.

Mr. Deputy Speaker, Sir, we need to tell the world and Kenyans and everybody that holds offices should know, whether they are governors, Members of County Assemblies (MCAs) or even Senators and Members of Parliament, that these seats come and go. Even as the governors sit there, the longest one can take is 10 years and you will go. However, we want the projects to remain and that is why we support devolution.

Mr. Deputy Speaker, Sir, this morning on a national television (TV), I saw one of us talk about the issues that are ongoing in this county, regarding protests. I am bringing in this because it ties to devolution at some point. The hon. Member, while talking on

Services, Senate. national TV, made a very misleading statement that Raila used to own protests. Those were the specific words that one leader mentioned on a national TV.

I am surprised this leader mentioned Raila's name so many times in the course of their presentation even more than he mentioned his leader, who is the lord of shares.

The statement that the leader made on Citizen Television is that in yesteryears, Raila used to own protests. I keep on wondering whether protests are a contest and whether there is a competition of who has done protests more than the other. Are we competing on whose protests are more magnanimous and which protests have caused major damages?

Sen. Beatrice, I want to remind you of the provisions of Standing Order No.120, so that you confine your contribution to the Motion that is before the House. In reference to a specific issue, like what you have said, then make it to be within the relevance of the Motion that we have, so that we utilise appropriately these Standing Order as well as the time of the House.

Mr. Temporary Speaker, Sir, I am guided. What I was asking is why a leader should wish a magnanimous leader like Raila Amolo Odinga or anybody death.

Services, Senate.

Asante sana, Bw. Spika wa muda, kwa kunipa hii nafasi ili niweze kuongea na kuunga mkono matamshi ambayo yametolewa na wenzangu siku ya leo kuhusu mchakato mzima na ombi ambao umeletwa mbele ya Seneti. Ombi hii inahusu maandishi ambayo yanaandikwa na baadhi ya magavana wanapojenga barabara, choo na vitu vingine.

Ya kushangaza ni kwamba hao magavana wanapojenga makafani au mortuary kwa kimombo, huwa hawaweki picha zao. Sijui kama ni sadfa kwa wote ama ni kwa kusudi. Sio magavana peke yao ndio hufanya hivi. Tuko pia na Wabunge wa Bunge la Kitaifa. Barabara inapojengwa, ile kibao ambayo inawekwa katika ile barabara ama kitu chochote ambacho kinajengwa huwa ni kubwa na dhamani yake huwa kubwa sana kushinda fedha ambayo imetumika katika hiyo maendeleo.

Ninapokuja katika Bunge la Seneti, huwa ninaona bendera za kaunti zote 47. Kila bendera iko na alama na lebo ya kaunti zote 47. Kwa hivyo, kama wanataka kutofautisha na kuonyesha maendeleo ambayo wanafanya katika kaunti zetu, ni rahisi kufanya hivyo wakitumia lebo ambazo zimepitishwa katika bunge za gatuzi.

Kuna baraza la magavana na magavana wote wanafanana. Hao ni binadamu. Wengi wao wanaongea pamoja. Kwa hivyo, hatuwezi chinja bata kwa kosa la kuharisha kwa sababu bata wote huharisha. Tunachopaswa kufanya ni kutunga sheria. Tunapolaumu dobi kwa kosa la kutotakasa kamisi na weusi ni rangi yake, basi tutakuwa tunaongea na hakuna kitu ambacho tunafanya. Sisi kama Bunge la Seneti ndio tunafaa kukaa chini, kutunga sheria na kuhakikisha ya kwamba gatuzi zetu zote haziweki picha za mtu binafsi kwa sababu amefanya maendeleo ambayo anafaa kufanya.

Gavana anapotumia fedha za umma na kuweka kibandiko kikubwa ambacho kinagharimu pesa nyingi kuonyesha ya kwamba amefanya kazi ni sawa na kuzawadi samaki kwa sababu ameogelea ilhali tunajua ya kwamba ni kawaida samaki kuogelea.

Sisi ambao tunapitisha fedha hapa huwa tunatumia wakati wetu, tunatoa jasho na damu kupitisha zile fedha. Saa hizi, tumeng’ang’ana hata tukakuwa na kamati ya uwiano ili kuhakikisha ya kwamba magavana wamepata Shilingi 415 bilioni. Je, sisi picha zetu tutaziweka wapi ama zitabaki tu kwa mikoba kwa sababu sisi tunapitisha tu pesa na hatujapewa uwezo wa kikatiba kubandika picha zetu.

Pia ningependa kusema ya kwamba sisi huongea kwa hii Seneti lakini hatusikizwi. Umuhimu wa makalio hujulikana wakati umemea jipu. Wale magavana hujua ya kwamba Seneti iko wakati wamepata shida. Tunapopitisha pesa na kuongea mambo yasiyofaa kuliko tukae chini tuvalie njuga jambo hili na kusikizana ya kwamba

Services, Senate. kuna mambo ambayo siyo mazuri kufanya katika kaunti zetu, bado sisi wanatuchukulia to kama bwege. Siku inafika wakati watakuja kuingia kumi na nane zetu. Na ndipo wengi wakilia kuwa wanapigwa swaga.

Maneno tunayoongea hapa na wakati tunaotumia tunafaa kuwa tunasikizwa. Nilisema hapo kitambo sisi ni kama mashine inayobomoa misitu ikijenga barabara baadaye inasemekana iwekwe juu ya lori isiharibu barabara na tumesema iwe hivyo.

Tunafaa jambo kama hili tulizingatie and tulizungumzie. Hata kama ni kupitisha pesa kwanza tuangalie kama kuna matumizi mabaya. Siwapi magavana wosia. Mimi sio mnasimu lakini ninayoongea hapa ninajua wale walionituma hapa pia wanasema vivyo hivyo. Ukiagalia ripoti ya Mkaguzi Mkuu wa Fedha, utapata ya kwamba fedha nyingi zinazopotea ni kwa mabango yanayowekwa picha.

Nikiona picha ya gavana imewekwa katika bango huwa inanikumbusha kwamba katika duka unapotaka kuua mbu, utapata kuna dawa inayoitwa Doom amabayo huwa imechorwa mbu. Inaenda kuua mbu bali haina manufaa kwa mbu

Haya mabango yanayowekwa na magavana katika mendeleo yanayofanyiwa mwananchi kwa pesa za umma haimaanishi kuna mambo mazuri yanayofanyika katika kaunti zetu. Gavana anapoletwa hapa kwa sababu hafuati tunayosema ashajua kwamba dunia ni gunia tofauti ni herufi moja anaanza kulia eti anaonewa na mengine.

Mstahiki Spika wa Muda, mimi ni Mlokole. Ninaamini sijafanya mambo mengi kuwa malaika lakini ninajua sijakosea sana kuwa ibilisi. Ndipo wakati mwingi katika maombi yangu huwa ninamwambia Mungu atuepishe na bangi na viroba vya ugoro kwa sababu maneno yanayofanywa wakati mwingine na viongozi hata wewe huwezi kuyafikiria.

Unapita katika shedi za boda boda, kitu cha kwanza kuona ni picha kubwa ya gavana. Bila kupoteza wakati, ningependa kuwaambia wananchi walio katika kaunti kwamba ukiona bango limewekwa mahali hiyo ni kumbusho kwamba kuna kitu kimeibiwa.

Hebu nitoe falsafa moja ya bweha na simba. Wakati mmoja simba alimshika bweha na akamwambia, “nitakukula kama hutaniletea kitu chingine cha kula.” Bweha akasema, “nitakuletea, tena kikubwa utakachokula siku mbili au tatu.” Bweha alienda kwa punda na kumwelezea kwamba simba na wanyama wote walikuwa wamekubaliana kwamba punda ndiye kiongozi na kwa hivyo, alikuwa akiitwa na simba.

Alipofika kwa simba, jambo la kwanza ni kumrukia na kumg’ata mkia. Mkia ulikatika na punda akakimbia akipiga mayowe. Alifuatwa na bweha na kuambiwa, “kwani wewe ni baradhuli. Mbona unakimbia? Simba amekukata mkia uli uweze kukalia kiti cha enzi. Huwezi kukalia ukiwa na mkia.”

Punda kwa upumbavu wake alirudi kwa simba aliyemrukia mara ya pili na kumkata masikio. Alitoroka tena akipiga mayowe akifuatwa na bweha. Mbwega akamwuuliza, “wewe mjinga? Hujui simba amekukata masikio ili ile kofia ya enzi iweze kutoshea katika kichwa chako?”Mwishowe, punda aliporudi aliuawa na simba.

Simba alimwambia bweha, “sasa kwa sababu umwefanya kazi yako nenda kamchinje halafu uniletee maini, moyo na aliki yake nile.” Bweha alipoenda kuchinja punda alikula akili yote akaleta ini na moyo.

Services, Senate.

Simba alimwuuliza, “mbona hukuleta akili? Bweha alimwuuliza, “wewe mfalme, unaona huyu punda alikuwa na akili yoyote. Angekuwa na akili, angerudi mara mbili baada ya kukatwa mkia na masikio?”

Kuna mambo ambayo watu wanaambiwa na wengi wanapiga makofi katika kaunti zetu kwa sababu wanaona kana kwamba kazi imefanyika, lakini huwa wanachukuliwa rahisi kama bei ya chumvi.

Bw. Spika wa Muda, hebu niongee kidogo kuhusu sheria ambazo zinatoka mahali kwengine ukiniruhisu kwa sababu zinaambatana. Tunafaa kuwa wangalifu wakati tunapopitisha sheria, iwe ya gavana ama yoyote ile. Ukiangalia sheria zingine saa hii, unaanza kuweweseka na nywele shingoni zinaanza kuamka. Wakati tunapopitisha sheria zinazoenda kutumika, lazima tuwe tumefanya sample.

Kwa nini nasema hivyo? Sheria zinapokuja hapa ni kama msumeno. Msumeno hukata mbele na nyuma. Kwa hivyo, wakati tunapopitisha sheria, tunatia makali msumeno. Tunasahau kwamba huenda siku moja ule msumeno ukaja kukata msitu tunaojificha kama viongozi, tuachwe tukionekana uchi na kila mtu.

Mwaka 2012, kuna sheria iliyopitishwa inayoitwa kwa kimombo, “Prevention of Terrorism Act (POTA)”. Sikuwa katika Bunge hili wakati huo. Kuna zingine zitaendelea kuja na kuna zingine najua nishafika hapa. Lazima tujue kwamba zile sheria tunazopitisha zitatumika inavyofaa .

Leo nimetoka mahali ambapo kuna watoto 11 chini ya miaka 17 na jaji ameamua kwamba wanafaa kuachiliwa, lakini wamewekwa pamoja na watu wazima. Sheria rahisi zinazofaa kufuatwa zinatutia aibu. Unashangaa anayetuma watoto wadogo wawekwe pamoja na watu wazima, hajui kwamba kuna sheria kuhusu watoto? Ni vizuri tuwe makini tunapopitisha sheria hata kama tunasema zichungwe.

Nikimalizia, kipofu anapoanza kuona, kitu cha kwanza kutupa ni ule mkongojo alioutumia kwa miaka mingi wakati alikuwa haoni. Tunapofanya kitu cha maana kama kupitisha fedha na kufikia maridhiano, wa kwanza kutemwa ni sisi Maseneta. Kwa nini tunatemwa ilhali tumepewa kila kitu? Kweli tunabweka vilivyo, lakini ni lini tutaanza kuuma? Hilo ndio swali kubwa.

Kwa sababu leo tunaongelea hili, tutajadili lile. Ukienda nyumbani, utakutana tu na picha za magavana kila mahali. Nimeuliza swali hapo awali, kama maendeleo ni maendeleo, kwa sababu kuku ni kuku, jogoo ni jina, kwa nini hawaweki picha zao katika makafani, kwa kimombo, “mortuary”? Kwa nini hawaweki picha zao huko, wanachagua tu mahali wamejenga daraja na barabara?

Barabara inapotengenezwa na kuwekwa hicho kibandiko kikubwa, ikiharibika mwaka ujao, hawaweki picha zao kwa kile kibandiko walichoweka hapo awali. Wanaweka kingine cha pili pale pale. Unaona kuna ubadhirifu na tunapoteza pesa nyingi sana.

Ningeomba magavana, kama kuna ulazima wa kuweka picha zao, waweke kwao nyumbani. Huko ndio muhimu. Utendakazi wa Serikali Kuu na ugatuzi si mapenzi. Kama unataka kuweka picha, weka kwa whatsapp ama uende uzitume kwa mtu anayekupenda.

Baadhi yao kweli wako na sura nzuri, lakini kuna wengine pia wako na sura nzito na wanalazimisha kuweka picha zao katika miradi ambayo hawafai kuonekana. Kuna mmoja ana sura nzito kama ule uji unaopewa wanawake wa martenity. Unapata alijenga

Services, Senate.

Sen. Mariam Sheikh Omar.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity. I also support this report from the Standing Committee on Devolution and Intergovernmental Relations concerning a Petition on the branding of public projects with images of governors and Members of County Assemblies (MCAs) and branding of county vehicles.

This issue of branding of the project is personalizing the public resources. The prayer of the petition is the amendment of the County Governments Act which talks about not branding county projects and the vehicles.

I personally have seen duplication of the projects by different state corporations. There is a water project which has been done by three people. It was done by ADB, later on done by a Member of Parliament and later on done by again the state corporation Water Service Board. So, many projects are done in Kenya by different agencies. There are projects done by ADB, World Bank, UNICEF and none of them put their pictures or the flags of their governments or do branding on those projects. Why should the Member of Parliament, the MCA or the Governor put their images or brand the projects and yet these are Government or public resources? The brand the project showing that this is the project done by so and so and it has their picture.

We should not allow that because this is a project which is beneficial to each person. If you put individual pictures there, it may give the impression that this project is meant for one community and another community in a different scenario or in a political line. Also, it helps in political campaign for individual political parties.

On this issue of branding of the vehicle, the number plates of the Government vehicles are different from that of a private vehicle. If we restrict ourselves on the registration of the vehicle number, it is enough instead of putting individual picture of the Governor.

As Senators, we have fought for devolution to work and devolution is working. I am also a Member of the Committee on Finance and Budget and we have fought with our chair that we raise the shareable figure to Kshs415 billion. If we have added the amount of money for them, then they should not personalize the projects they are doing.

In this case, the EACC, the Auditor General and also Controller of Budget must collaborate to investigate on this so that the integrity and accountability of each office holders can be done, so that this branding cannot be done for the vehicles and for the projects.

When it comes to this shareable figure of the equitable share, the governors are saying these are flagship projects for them. That shows that individual has personalized those projects and ended up putting their pictures and brands.

Services, Senate.

Mr. Temporary Speaker, Sir, when they are doing this branding, they use public funds. That is wastage of public resources and there is no materiality of that. There is no value for money on that branding.

I have heard many members contributing on this and everything has been said and I support. The prayers of the petitioner must be granted. The recommendations of the committee are that there should be amendments. When this House passes those resolutions, the County Governments Act must be fast-tracked and done quickly so that this branding stops before the end of this term.

Mr. Temporary Speaker, Sir, with those remarks, I support.

Thank you, Sen. Mariam. Sen. Mohamed Chute.

Mr. Temporary Speaker, Sir, I support this Motion. Being a member of the Committee on Devolution and Intergovernmental Relations, I also congratulate Mr. Laban Omusundi. He came before our Committee and this is not the first time. I have seen him bringing issues to the Senate on several occasions. Mr. Laban is a local person trying to help this country in his own way, using his money; transport to come to Nairobi, buy food and a place to sleep. This is what we must encourage because Laban is using his own resources to try and help this country.

The issues he brought before our Committee are fundamental. He was asking; a politician uses money, not from his pocket, paid by tax payers’ money to even travel, eat and to come and represent his people in Parliament.

Our recommendation as a Committee is that, branding projects, vehicles or any institution is wrong and unethical. People and counties build toilets and they put pictures of MCAs. You will find toilets and billboards being erected with the names of MCAs, MPs or even governors.

Mr. Temporary Speaker, Sir, I live in Karen and the road to Karen where I live is called Korongo road. Surprisingly, there is a billboard on the right side of the road just as you enter Korongo road, which is a rough road with the MCAs name which has been there for the last five or six years. You should see that road today. I brought a statement to this Committee because that road is impassable.

It is absurd to see a MCA putting his name and photo, and that of the governor on that road and claiming that this road is being built by the Nairobi City County. This is misleading, wrong and unethical. In that Committee, displaying project name and photos and the date of completion and date of commencement are there. If you look at that Korongo road, commencement date has elapsed five years ago and the road is not constructed up to date.

Mr. Temporary Speaker, Sir, somebody was talking about Morara. I have been watching his programmes when he goes out there. There was a time the President was in Mombasa. He said this project started and it is ongoing. After a few days, I saw Morara standing in the same place claiming that this is what the President said and that there was nothing ongoing in regard to tat project. I know the President, he does not want to lie. He is trying his best to see how this country will move forward. He has got a vision. However, the problem is there are people who are misleading him.

Services, Senate.

In some instances, you will find that the project has been initiated by even the former President, President Uhuru Kenyatta. If you go there today, placards are there and nothing is happening.

Mr. Temporary Speaker, Sir, the Government should recognize people like Omusundi. This man is bringing issues that we are discussing in this Senate today. He came before our Committee and we have had a discussion. He even came before the Senate Standing Committee on Roads, Transportation and Housing to bring issues. I asked him who was funding him. He said they are a group of people and are not getting anything from anywhere.

Mr. Temporary Speaker, Sir, it is high time as a country that we need to have an oversight body, that can be constituted by the President that will look at issues being handled by the national Government, the county government and even the NG-CDF programmes, to avoid duplication of projects.

I remember one time, in Wajir County, the NG-CDF did some work, drilled a pan. The Member of National Assembly then went to inspect the project. He was told that this pan is here. Then he asked, where? He was told, “Where you are standing is where the pan is”. That he was standing in the pan. He told them, “Please, do not tell me this pan is here where I am standing because there is no pan here”.

The same pan, was being claimed by two people, a parastatal and NG-CDF. That is why I was saying, a committee should be instituted to look at all government projects. Money for projects done by national and county governments, including NG-CDF is from taxpayers. We should have a team that looks at what is done by national and county governments during a financial year. That includes NG-CDF and donor funding so that there is no duplication.

Mr. Temporary Speaker, Sir, we have duplication because somebody somewhere wants to steal money from the people of Kenya. What Omusundi is saying is that these are things that are supposed to be done by politicians. He wants to help politicians. He is saying that we should not brand vehicles or projects.

I am a Member of the Committee. I thank the Committee for bringing a good proposal which will help this Senate to process this Motion.

There is also the issue of EACC. Some Members have spoken here. If you can remember, I talked about EACC having problems. I think the person in charge today, that is Mr. Abdi, is capable. I hope he is listening to what the Senate is saying. I believe Mr. Abdi will take charge and hope that he is going to bring sense to EACC and that the reputation of EACC will be restored.

Having said that, interferences from other sources also cause problems of investigating and managing EACC. Therefore, interferences from any quarter should stop. The petitioner is asking us to amend the County Governments Act, 2012. He urges MCAs to stop branding or putting their portraits or images on public-funded projects and I support that. He says that funded projects should be branded courtesy of taxpayers’ money. I do not think that is important because if there is any project constructed by the national Government, that is enough to show that it was done using taxpayers’ money.

Display of information is important. If possible, any project that has been completed should be displayed openly and the information on the display should show

Services, Senate. that the project was initiated on a certain date, institution or company that did it, project amount and completion date. That way, the issue of duplication will not be there. The President has initiated many projects and the follow-up should be there. He should, at his fingertips, know the project initiated by the national Government this year and their completion date. That also includes those initiated by county governments and the NG- CDF.

Sometimes I fail to understand. This is because monies that go to the counties, over 90 per cent, are mainly monies from the taxpayerse. They at times behave as if it is not money from the taxpayers. You might think the money is from the governor's own pocket. Sometimes, people forget that the money belongs to the people of Kenya and cannot just be used the way one wants. They cannot put their name, placards and even their friend's name. That is not possible.

Having said that, I want to give my friend, Sen. Nyamu, an opportunity to also contribute on this. I take this opportunity to support this Motion and request Sen. Nyamu to support this Motion. This is because I think she will either be a Governor, a Senator or a Woman Representative in Nairobi City County. I pray for her and will give her my support. We have about 50,000 voters from Marsabit County and we will see. If she speaks well today, we will see if she can get that support.

Having said that, I thank you very much for this opportunity. I support this Motion.

Thank you, Sen. Chute. I just want to remind you that it is the Chair who grants any Member of the House the opportunity to speak. You cannot thus claim that you will give Sen. Nyamu the opportunity to speak.

With that, Sen. Nyamu, I bet you are the last person to contribute to this Motion. Kindly take the microphone.

Thank you very much, Mr. Temporary Speaker, Sir. It is interesting that Sen. Chute does not support governors branding public projects, yet he has stood here and gave conditions of how I will only get the support of the people of Marsabit people if I speak well and support this report from his Committee. He said that he will speak to the 50,000 voters in Nairobi City County from Marsabit to support my bid for the position of Woman Representative. That is undue influence because he is giving me conditions in my work.

Mr. Temporary Speaker, Sir, such reports are some of the reasons we exist as a House. The practice of branding public projects with personal images and personal effects has gone on for some time. It has gone on for as long as I can remember. It is not being practiced by governors only. It is also being practiced by MCAs who have ward development funds. The Members of Parliament in the National Assembly who have projects under the NG-CDF also brand those projects with their images.

This infringes the nonpartisan nature of Government projects as they are because Government projects and public works are nonpartisan. They do not have to align with a sitting leader who in this case is a sitting governor. What that does is that it alienates the people who do not identify with that particular leader. It alienates them from that project which should create a sense of ownership across board.

Services, Senate.Public funds should not be politicized. We all know the kind of manipulation having your image on a project shows. It can be used for campaign and to measure your success. Yet, most of the time, you have nothing to do with the project. It is probably a projection that the county had done even before you got the seat, for example, now you are taking all the credit as a governor to manipulate voters.You can delay a project and make sure you time it just before elections because you know you are going to brand it your image and it is going to give you an unfair advantage on the political competition.I know I am the last speaker to speak on this and so, we do not have the latitude of time. I congratulate this Committee for such a progressive report and for the House for almost unanimously supporting it.These are the kind of changes that the people on the ground expect us to make. In effect we are doing is we are leveling the playing ground between incumbents and incoming leaders. What that does for our political landscape is tremendous. It goes a long way and the effects will be felt everywhere.Mr. Temporary Speaker, Sir, with those few remarks I support. I am waiting for

Hon. Members, there is no other Member to contribute to this Motion. Sen. Chute, you are a member of the Committee. I do not know whether you are ready to do a reply to the Motion. Please, proceed to do it on behalf of the Chairperson of the Standing Committee on Devolution and Intergovernmental Relations.

Mr. Temporary Speaker, Sir, first of all, I take this opportunity to reply to this Motion.

I thank the Members who have contributed today, starting with the Chairperson, of course, Sen. Kisang who also seconded this Motion, Sen, Cheruiyot, Sen. Kavindu, Sen. Cherarkey, Sen. Sifuna, Sen. Wakili Sigei. Sen. Wambua, Sen. Tabitha Mutinda, Sen. Muma, Sen. Karungo Thang’wa, Sen. Beatrice Akinyi, Sen. Murango, Mariam and Sen. Karen Nyamu. I also want to take this opportunity to thank the Chairperson and the members of the Devolution and Intergovernmental Relations Committee. They have done very good work and invited many people.

Mr. Temporary Speaker, Sir, I request that you defer putting of the question to a later date pursuant to Standing Order No.66 (3) . I request you to defer until the next sitting. I thank you immensely for the opportunity. On behalf of the Committee I sit in, asante sana.

Pursuant to Standing Order No. 66 (3) , putting of the question is deferred to the next sitting of the House.

Hon. Senators, we will go back to the Order Paper of the day. Having concluded debate on Order No.12, Order Nos.10, 11, 13, 14 all the way to 22 are hereby deferred to the next sitting of the House.

Services, Senate.

Services, Senate.

Services, Senate.

Services, Senate.

Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until Tuesday, 15th July, 2025, at 2.30 p.m.

The Senate rose at 6.26 p.m.