Thursday, 14th February, 2019

Senate Majority Leader, please proceed.

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

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

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

Order, Senators. I have a Communication to make. As you may be aware, Section 25 of the Public Finance Management Act requires the National Treasury to prepare and submit the Budget Policy Statement to Parliament by the 15th February each year. In this regard, by a letter Reference Number Conf/MOF83/02TY.5/ (86) dated 14th February, 2019 and received in the Office of the Clerk on 14th February, 2019, the Principal Secretary for the National Treasury submitted the following documents for consideration and approval by Parliament-

Mr. Speaker, Sir, I beg to give notice of the following Motion-

THAT, this House adopts The Report of the Ad-hoc Committee on the Maize crisis in Kenya laid on the Table of the House on Tuesday, 27th November, 2018.

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

Next Order.

Order, Hon. Members. We want to start. We are ready to begin with The Petroleum Bill (National Assembly Bills No.48) .

The amendments will be led by Sen. Olekina. We had reached new Clause 13A. We proceed to new Clause 13B.

Sen. Olekina, proceed. New Clause 13A

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

Establishment of the Petroleum Regulatory Authority. 13A. (1) There is established the Petroleum Regulatory Authority.

I second.

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

Functions of the Authority. 13B. The functions of the Authority shall be to—

Madam Temporary Chairperson, I second.

The Temporary Chairperson

(Sen. (Prof.) Kamar)

: Hon. Senators, Division will come at the end. New Clause 13C

The Temporary Chairperson (Sen. (Prof.) Kamar) : Mover.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new Clause immediately after Clause 13 – Powers of the Authority. 13C. (1) The Authority shall have all powers necessary or expedient for the performance of its functions under this Act and in particular, the Authority shall have the power to—

Hon. Senators, Division will come at the end. New Clause 13C The Temporary Chairperson (

Mover.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new Clause immediately after Clause 13 – Powers of the Authority. 13C. (1) The Authority shall have all powers necessary or expedient for the performance of its functions under this Act and in particular, the Authority shall have the power to—

Madam Temporary Chairperson, I second.

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

13E. (1) The chairperson of the Board of the Authority shall be appointed for a term of four years and shall be eligible for re-appointment for one further term.

Madam Temporary Chairperson, I beg to second.

The Temporary Chairperson

(Sen. (Prof.) Kamar)

: Division will be at the end.

New Clause 13F

Hon. Senators, Division will come at the end. New Clause 13D

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

13D. (1) The management of the Authority shall vest in a Board of Directors which shall consist of—

Madam Temporary Chairperson, I second. (Question of the New Clause 13D proposed) (New Clause 13D read a First Time) (Question, that New Clause 13D be read a Second Time proposed) (Question, that New Clause 13D be part of the Bill proposed) The Temporary Chairperson (

New Clause 13G

Division will be at the end. New Clause 13E

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

13E. (1) The chairperson of the Board of the Authority shall be appointed for a term of four years and shall be eligible for re-appointment for one further term.

Madam Temporary Chairperson, I beg to second. (Question of the New Clause 13E proposed) (New Clause 13E read a First Time) (Question, that New Clause 13E be read a Second Time proposed) (Question, that New Clause 13E be part of the Bill proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I second.

Question, that New Clause 13H be part of the Bill proposed) The Temporary Chairperson

(Sen. (Prof.) Kamar)

: Division will be at the end. New Clause 13I

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 13- Removal of chairperson or a member of the Board.

13I. A chairperson or a member appointed under section 13D (1) (f) and (g) may be removed from office for—

Madam Temporary Chairperson, I beg to second.

Question, that New Clause 13I be part of the Bill proposed)

The Temporary Chairperson (Sen. (Prof.) Kamar) : Division will be at the end. New Clause 13J

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

13J. (1) The Cabinet Secretary shall, on the recommendation of the Board of Directors, appoint a Director-General who shall be the chief executive of the Authority and shall, subject to the directions of the Board, be responsible for the day to day management of the Authority.

Division will be at the end.

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Removal from office of Director- General.

13K. (1) The Cabinet Secretary may remove the Director-General from office in accordance with the terms and conditions of service only for—

Madam Temporary Chairperson, I second.

Question, that New Clause 13K be part of the Bill proposed)

The Temporary Chairperson (Sen. (Prof.) Kamar) : Division will be at the end. New Clause 13L

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

13L. The Authority may, in consultation with the Public Service Commission, appoint such staff as it may require for the proper discharge of the functions of the Authority under this Act, and on such terms and conditions of service as the Board, on the recommendation of the Salaries and Remuneration Commission, may determine. Madam Temporary Chairperson, I ask Sen. Were to second.

Madam Temporary Chairperson, I beg to second.

Question, that New Clause 13L be part of the Bill proposed) The Temporary Chairperson

(Sen. (Prof.) Kamar)

: Division will be at the end.

Division will be at the end. New Clause 13H

New Clause 13M

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

13M. The Authority shall pay its members such remuneration, fees or allowances for expenses as may be determined by the Salaries and Remuneration Commission. Madam Temporary Chairperson, I ask Sen. Were to second.

Madam Temporary Chairperson, I second.

Question, that New Clause 13M be part of the Bill proposed) The Temporary Chairperson (Sen. (Prof.) Kamar) : Division will be at the end. New Clause 13N

Division will be at the end. New Clause 13I

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 13- Removal of chairperson or a member of the Board.

13I. A chairperson or a member appointed under section 13D (1) (f) and (g) may be removed from office for—

Madam Temporary Chairperson, I beg to second. (Question of the New Clause 13I proposed) (New Clause 13I read a First Time) (Question that New Clause 13I be read a Second Time proposed) Question, that New Clause 13I be part of the Bill proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to second.

Question, that New Clause 13O be part of the Bill proposed) The Temporary Chairperson

(Sen. (Prof.) Kamar)

: Division will be at the end. New Clause 13P

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

13P. (1) The Authority may invest its funds in any securities which for the time being trustees may by law invest in trust funds, or in any other securities which the Cabinet Secretary may, from time to time, approve for that purpose.

Madam Temporary Chairperson, I second.

Question, that New Clause 13P be part of the Bill proposed) The Temporary Chairperson

(Sen. (Prof.) Kamar)

: Division will be at the end. New Clause 13Q

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

13Q. The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in each year. Madam Temporary Chairperson, I ask Sen. Mutula Kilonzo Jnr. to second.

Division will be at the end. New Clause 13K

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Removal from office of Director- General.

13K. (1) The Cabinet Secretary may remove the Director-General from office in accordance with the terms and conditions of service only for—

Madam Temporary Chairperson, I second. (Question of the New Clause 13K proposed) (New Clause 13K read a First Time) (Question that New Clause 13 K be read a Second Time proposed) Question, that New Clause 13K be part of the Bill proposed) The Temporary Chairperson (

Annual estimates.

13R. (1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year.

Division will be at the end. New Clause 13L

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

13L. The Authority may, in consultation with the Public Service Commission, appoint such staff as it may require for the proper discharge of the functions of the Authority under this Act, and on such terms and conditions of service as the Board, on the recommendation of the Salaries and Remuneration Commission, may determine. Madam Temporary Chairperson, I ask Sen. Were to second.

Madam Temporary Chairperson, I beg to second. (Question of the New Clause 13L proposed) (New Clause 13L read a First Time) (Question, that New Clause 13L be read a Second Time proposed) Question, that New Clause 13L be part of the Bill proposed) The Temporary Chairperson (

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Accounts and Audit 13T. (1) The Authority shall keep or cause to be

kept proper books of account in which shall be recorded all the income and liabilities, expenditure, assets, undertakings, funds, activities, contracts, transactions and any other business of the Authority.

New Clause 13M

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

13M. The Authority shall pay its members such remuneration, fees or allowances for expenses as may be determined by the Salaries and Remuneration Commission. Madam Temporary Chairperson, I ask Sen. Were to second.

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

Question, that New Clause 13U be part of the Bill proposed) The Temporary Chairperson

(Sen. (Prof.) Kamar)

: Division will be at the end. New Clause 13 V

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- 13V. (1) A committee, member, officer, employee or agent appointed under section 13U may, upon production of evidence of appointment to any person reasonably requiring it, for the purposes of this Act—

Division will be at the end. New Clause 13N

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

13N. (1) Any matter or thing done by a member of the Board or any officer, employee or agent of the Authority shall not, if the matter or thing is done bona fide for executing the functions, powers or duties of the Authority, render the member, officer, employee, agent or any other person acting on those directions personally liable to any action, claim or demand whatsoever.

Madam Temporary Chairperson, I beg to second. (Question of the New Clause 13N proposed) (New Clause 13N read a First Time) (Question that New Clause 13N be read a Second Time proposed) Question, that New Clause 13N be part of the Bill proposed) The Temporary Chairperson (

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- 13X. The Authority shall, to the greatest extent possible and in accordance with this Act, consult and co-operate with other ministries, departments and agencies of the National Government in promoting effective upstream petroleum operations National Data Centre.

I request Sen. Mutula Kilonzo Jnr. to second. Sen. Mutula Kilonzo Jnr. seconded.

Question, that New Clause 13X be part of the Bill proposed)

Madam Temporary Chairperson, I beg to second. (Question of the New Clause 13O proposed) (New Clause 13O read a First Time) (Question, that New Clause 13O be read a Second Time proposed) Question, that New Clause 13O be part of the Bill proposed) The Temporary Chairperson (

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- National Data Centre13Y. The Authority shall establish a national data centre which shall be used for the storage, analysis, interpretation, and management of petroleum data and information from sedimentary basins and field operations. Decisions of the Authority.

I request Sen. Mutula Kilonzo Jnr. to second. Sen. Mutula Kilonzo Jnr. seconded.

Question, that New Clause 13Y be part of the Bill proposed) The Temporary Chairperson

(Sen. (Prof.) Kamar)

: Division will be at the end. New Clause 13 Z

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Decisions of the Authority13Z. (1) Where the Authority is required to make a decision under this Act, the Authority shall make that decision within sixty days of obtaining all the documents or information required under this Act or hearing all parties, where necessary, in relation to the decision.

I request Sen. Mutula Kilonzo Jnr. to second. Sen. Mutula Kilonzo Jnr. seconded.

Question, that New Clause 13Z be part of the Bill proposed) The Temporary Chairperson

(Sen. (Prof.) Kamar)

: Division will be at the end. New Clause 13 AA

Division will be at the end. New Clause 13Q

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

13Q. The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in each year. Madam Temporary Chairperson, I ask Sen. Mutula Kilonzo Jnr. to second.

Madam Temporary Chairperson, I second. (Question of the New Clause 13Q proposed) (New Clause 13Q read a First Time) (Question that New Clause 13Q be read a Second Time proposed) Question, that New Clause 13Q be part of the Bill proposed) The Temporary Chairperson (

New Clause 13 BB

Division will be at the end. New Clause 13R

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

Annual estimates.

13R. (1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year.

Madam Temporary Chairperson, I second. (Question of the New Clause 13R proposed) (New Clause 13R read a First Time) (Question that New Clause 13R be read a Second Time proposed) Question, that New Clause 13R be part of the Bill proposed) The Temporary Chairperson (

Madam Chairperson, I beg to move - THAT clause 117 of the Bill be amended by:- deleting sub-clause (1) and substituting therefor the following new sub-clauses–

Thank you, Madam Temporary Chairperson. I propose to move-

THAT the Second Schedule be amended by deleting paragraph 53 and substituting therefor the following new paragraph -

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

FIRST SCHEDULE (s. 13F) CONDUCT OF MEETINGS OF THE BOARD

Madam Temporary Chairperson, I second.

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Accounts and Audit 13T. (1) The Authority shall keep or cause to be

kept proper books of account in which shall be recorded all the income and liabilities, expenditure, assets, undertakings, funds, activities, contracts, transactions and any other business of the Authority.

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

Division will be at the end. New Clause 13U

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Delegation of powers or functions to committees or agents 13U. (1) The Authority may, by resolution either generally or in any particular case, delegate to any committee of the Authority or to any member, officer, employee or agent of the Authority, the exercise of any of its powers or the performance of any of its functions or duties in accordance with this

Act.

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

Clause 83

Madam Temporary Chairperson, I beg to move- THAT Clause 83 be amended–

Division will be at the end. New Clause 13 V

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- 13V. (1) A committee, member, officer, employee or agent appointed under section 13U may, upon production of evidence of appointment to any person reasonably requiring it, for the purposes of this Act—

I request Sen. Outa to second. Sen. Outa seconded. (Question of the New Clause 13V proposed) (New Clause 13V read a First Time) (Question, that New Clause 13V be read a Second Time proposed) Question, that New Clause 13V be part of the Bill proposed) The Temporary Chairperson (

Madam Temporary Chairperson, pursuant to Standing Order No.142, I beg to move that the Committee do report progress on its consideration of The Kenya Roads Bill (National Assembly Bills No.47 of 2017) and seek leave to sit again tomorrow.

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

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

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

Hon. Senators, please, move to your positions because we are about to begin. Hon. Senators, can you log in now? An. hon. Senator: We have. The Temporary Chairperson (Sen. (Prof.) Kamar) : You can re-log in so that we are sure.

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- 13W. The Authority shall, in the exercise of its powers and performance of its functions—

I request Sen. (Dr.) Zani to second. Sen. (Dr.) Zani seconded. (Question of the New Clause 13W proposed) (New Clause 13W read a First Time) (Question that New Clause 13W be read a Second Time proposed) Question, that New Clause 13W be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end. New Clause 13 X

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- 13X. The Authority shall, to the greatest extent possible and in accordance with this Act, consult and co-operate with other ministries, departments and agencies of the National Government in promoting effective upstream petroleum operations National Data Centre.

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

The Temporary Chairperson (

Laikipia County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Langat, Bomet County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Loitiptip, Lamu County; Sen. M. Kajwang’, Homa Bay County; Sen. Madzayo, Kilifi County; Sen. (Eng.) Mahamud, Mandera County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Murkomen, Elgeyo Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Ndwiga, Embu County; Sen. Ochillo-Ayacko, Migori County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Sakaja, Nairobi County; Sen. Seneta, Kajiado; Sen. Shiyonga, Kakamega County; Sen. Wamatangi, Kiambu County; Sen. (Rev.) Waqo, Marsabit County and Sen. Wario, Tana River County.

Division will be at the end. New Clause 13 Y

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

I request Sen. Mutula Kilonzo Jnr. to second. Sen. Mutula Kilonzo Jnr. seconded. (Question of the New Clause 13Y proposed) (New Clause 13Y read a First Time) (Question that New Clause 13Y be read a Second Time proposed) Question, that New Clause 13Y be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end. New Clause 13 Z

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Decisions of the Authority13Z. (1) Where the Authority is required to make a decision under this Act, the Authority shall make that decision within sixty days of obtaining all the documents or information required under this Act or hearing all parties, where necessary, in relation to the decision.

I request Sen. Mutula Kilonzo Jnr. to second. Sen. Mutula Kilonzo Jnr. seconded. (Question of the New Clause 13Z proposed) (New Clause 13Z read a First Time) (Question, that New Clause 13Z be read a Second Time proposed) Question, that New Clause 13Z be part of the Bill proposed) The Temporary Chairperson (

Order, Members. The results of the voting are as follows-

Division will be at the end. New Clause 13 AA

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- Appeal against decision of the Authority 13AA. A party aggrieved by a decision of the Authority may appeal to the Tribunal within sixty days of receipt of the decision: Provided that the Tribunal may hear an appeal out of time if it is satisfied that there is sufficient cause. The common seal of the Authority.

I request Sen. Mutula Kilonzo Jnr. to second. Sen. Mutula Kilonzo Jnr. seconded. (Question of the New Clause 13AA proposed) (New Clause 13AA read a First Time) (Question, that New Clause 13AA be read a Second Time proposed) Question, that New Clause 13AA be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end.

County; Sen. Lelegwe, Samburu County; Sen. Loitiptip, Lamu County; Sen. Madzayo, Kilifi County; Sen. (Eng.) Mahamud, Mandera County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Ndwiga, Embu County; Sen. Ochilli-Ayacko, Migori County; Sen. (Prof.) Ongeri, Kisii County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Orengo, Siaya County; Sen. Sakaja, Nairobi City County; Sen. Seneta, Kajiado County; Sen. Shiyonga, Kakamega County; Sen. Wamatangi, Kiambu County; Sen. (Rev.) Waqo, Marsabit County and Sen. Wario, Tana River County.

Madam Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 13- The common seal of the Authority. 13BB. (1) The common seal of the Authority shall be kept in such custody as the Authority may direct and shall not be used except on the direction of the Board.

I request Sen. Were to second. Sen. Were seconded. (Question of the New Clause 13BB proposed) (New Clause 13BB read a First Time) (Question that New Clause 13BB be read a Second Time proposed) Question, that New Clause 13BB be part of the Bill proposed) The Temporary Chairperson (

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

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

Orengo, Siaya County; Sen. Sakaja, Nairobi City County; Sen. Seneta, Kajiado County; Sen. Shiyonga, Kakamega County; Sen. Wamatangi, Kiambu County; Sen. (Rev.) Waqo, Marsabit County and, Sen. Wario, Tana River County.

Madam Chairperson, I beg to move- THAT Clause 18 of the Bill be amended by- deleting sub-clause (1) and substituting therefor the following new sub- clause–

Madam Chairperson, I beg to move - THAT clause 117 of the Bill be amended by:- deleting sub-clause (1) and substituting therefor the following new sub-clauses–

Thank you, Madam Temporary Chairperson. I propose to move-

THAT the Second Schedule be amended by deleting paragraph 53 and substituting therefor the following new paragraph -

Order, Members. The results of the voting are as follows-

FIRST SCHEDULE (s. 13F) CONDUCT OF MEETINGS OF THE BOARD

Madam Temporary Chairperson, I second.

Thank you, Madam Temporary Chairperson. I beg to move- THAT Clause 2 of the Bill be amended by inserting the following new definition immediately after the definition of the term “Ministry” – “Nairobi Centre for International Arbitration” means the National Centre for International Arbitration established under section 4 of the Nairobi Centre for International Arbitration Act. (Question of the amendment proposed) The Temporary Chairperson (

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

The Temporary Chairperson (Sen. (Prof.) Kamar) ): The next one is the Land Value Index Laws (amendment) Bill (National Assembly Bills No. 3 of 2018) . Mover, proceed.

Division will be at the end. Could we hear from the Senate Majority Leader?

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

seconded.

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

Clause 83

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

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

Madam Temporary Chairperson, I beg to move- THAT Clause 85 be amended in paragraph

(f)

by inserting the words “pavement, footpath or footbridge” immediately after the words “parking area”.

Clause 98

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

Madam Temporary Chairperson, I beg to move- THAT Clause 100 be amended –

Madam Temporary Chairperson, pursuant to Standing Order No.142, I beg to move that the Committee do report progress on its consideration of The Kenya Roads Bill (National Assembly Bills No.47 of 2017) and seek leave to sit again tomorrow. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

Hon. Members, we will go to Division and vote on the Orders as they appear on the Order Paper. We will start with The Physical Planning Bill (National Assembly Bills No.34 of 2017) , which is Order No.10. Then, we will vote on Order Nos.11, 12, 13 and 14. May I now order that the Division Bell be rung for five minutes? (The Division Bell was rung) The Temporary Chairperson (

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

The Senate Minority Leader (Sen. Orengo) : Mr. Temporary Speaker, Sir, I beg to second.

Division will be done later. Hon. Senators, we are now reporting on the Land Value Index Bill (Amendment) Bill (National Assembly Bills No. 3 of 2018) .

Let us have the Chairperson, Committee of the Whole.

You can re-log in so that we are sure.

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

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

I ask the Senate Minority Leader to Second. The Senate Minority Leader (Sen. Orengo) : Mr. Temporary Speaker, Sir, I do second.

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

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

I ask the Senate Minority Leader to second.

Order, Members. The results of the voting are as follows-

Order, Members. The results of the voting are as follows-

County; Sen. Lelegwe, Samburu County; Sen. Loitiptip, Lamu County; Sen. Madzayo, Kilifi County; Sen. (Eng.) Mahamud, Mandera County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Ndwiga, Embu County; Sen. Ochilli-Ayacko, Migori County; Sen. (Prof.) Ongeri, Kisii County; Sen. Olekina, Narok County; Sen. Omogeni, Nyamira County; Sen. Orengo, Siaya County; Sen. Sakaja, Nairobi City County; Sen. Seneta, Kajiado County; Sen. Shiyonga, Kakamega County; Sen. Wamatangi, Kiambu County; Sen. (Rev.) Waqo, Marsabit County and Sen. Wario, Tana River County.

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

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

Orengo, Siaya County; Sen. Sakaja, Nairobi City County; Sen. Seneta, Kajiado County; Sen. Shiyonga, Kakamega County; Sen. Wamatangi, Kiambu County; Sen. (Rev.) Waqo, Marsabit County and, Sen. Wario, Tana River County.

Order, Members. The results of the voting are as follows-

Order, Members. The results of the voting are as follows-

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

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

Very well. It is so ordered; we will deal with the two Bills in the sitting of Tuesday.

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

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting clause 7. The Temporary Chairperson (Sen. (Prof.) Kamar) : We did not hear you. Please, use the microphone again.

The next one is the Land Value Index Laws (amendment) Bill (National Assembly Bills No. 3 of 2018) . Mover, proceed.

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

The Temporary Chairperson (Sen. (Prof.) Kamar): The Division will come at the end. Clause 8

We now proceed to the Kenya Roads Bill (National Assembly Bills No. 47 of 2017) . Mover, proceed.

Yes, Madam Temporary Chairperson. The Temporary Chairperson

(Sen. (Prof.) Kamar)

: Okay.

The Temporary Chairperson

(Sen. (Prof.) Kamar)

: The Division will come at the end. Clause 9-11

The Temporary Chairperson

(Sen. (Prof.) Kamar)

: The Division will come at the end. Clause 12

Madam Temporary Chairperson, pursuant to Standing Order No. 14 (2) I beg to move that the Committee of the Whole reports progress on its consideration of the Energy Bill (National Assembly Bills No. 50 of 2017) and seeks leave to sit again tomorrow.

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

Hon. Senators, we are now done. (The House resumed) [The Temporary Speaker (Sen. (Dr.) Lelegwe) in the Chair]

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

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Physical Planning Bill (National Assembly Bills No.34 of 2017) and its approval thereof with amendments.

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

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 19–

(Question that the new Clause 20 be part of the Bill proposed) Clause 2

Madam Temporary Chairperson, I beg to move- THAT Clause 2 of the Bill be amended-

Madam Temporary Chairperson, I beg to move- THAT Clause 5 of the Bill be amended -

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting clause 6 and substituting therefor the following new clause –

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

Hon. Senators, let us have Sen. (Prof.) Kamar report progress on The Copyright (Amendment) Bill (National Assembly Bills No.33 of 2017) .

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

Mr. Temporary Speaker, Sir, I beg to second although he should be using the word “doth agree”. (Question proposed) (Question put and agreed to)

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

Sen. Seneta seconded.

Mr. Temporary Speaker, Sir, I beg to second. (Question proposed)

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

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

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

Next Order.

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

Mr. Temporary Speaker, Sir, I do second. (Question proposed) (Question put and agreed to)

Hon. Senators, pursuant to Standing Order 52 (1) , I hereby present to the Senate, the business of the House for the week commencing Tuesday, 19th February, 2019.

Before I proceed with the Statement, allow me to take this opportunity to welcome you back to the Senate for the Third Session of the Twelfth Parliament. It is my sincere hope that you had quality time with your families and constituents, as well as had enough rest to take on the business of the House in this Session.

Hon. Senators, on Tuesday, 19th February, 2019, the Senate Business Committee (SBC) will meet to schedule the business of the Senate for the week. Subject to further directions by the SBC, the Senate will on Tuesday, 19th February, 2019, consider Bills at Second Reading and those at the Committee of the Whole. The Senate will also continue with consideration of business that will not be concluded in today’s Order Paper.

On Wednesday, 20th February, and Thursday, 21st February, 2019, the Senate will consider business that will not be concluded on Tuesday and any other business scheduled by the SBC.

Hon. Senators, we have a total of 15 Bills due for Second Reading stage; these are -

Next order.

Mr. Temporary Speaker Sir, I beg to Second. (Question proposed)

The Division will come later.

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

The Senate Minority Leader.

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

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

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

over the Christmas period yet our Committee could not be able to hold sittings. This should be looked into so that they have optimal time to consider these matters.

with those remarks, I beg to support.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute to the Motion that approves Senators to serve in the sessional Committees, that is CPAIC and Committee on Delegated Legislation.

The CPAIC is a very important Committee which helps to promote and strengthen devolution which has changed our counties for the better. However, that change comes with responsibility. Therefore, county governments need to know that they are accountable to the people that are represented by Senators who are here. Therefore, when they are called upon by this Committee, they are not called to be grilled as we are normally told; they are given a hearing so that they can explain how the funds that the Senate sends to them are utilised.

Transparency and accountability are tenets of good governance and we cannot run away from them because we are a country of laws and that follows proper governance. Therefore, these tenets must be upheld.

County Executive Committee (CEC) Members also have a responsibility to do their work. They should know that it is not just the governor who will be questioned by the CPAIC, they too have a responsibility. As the governor is called to this Committee, they hold the biggest responsibility because they were given that role by the governor.

I would also like us to assist Members of County Assembly (MCAs) who perform the primary oversight role of county governments so that by the time the work comes to the Senate through CPAIC, it has already been handled or looked at by county assemblies because they play the primary oversight role.

The membership of the Committee on Delegated Legislation is apt and up to the job. I would like them to look at the regulations of laws that govern, especially the electoral process and political parties. We have various regulations that are needed to help us run political parties in the right way. Those regulations need to be worked on. I would urge the membership to this Committee to go out there and look for regulations that govern the political and electoral process in this country.

I, therefore, support the membership to these committees. They are people who are up to the job and I wish them the best in the coming year.

Mr. Temporary Speaker, Sir, I support.

Mr. Temporary Speaker, Sir, I beg to second. (Question proposed) (Question put and agreed to)

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

We will vote on The Physical Planning Bill (National Assembly Bills No.34 of 2017) , The Land Value Index Laws (Amendment) Bill (National Assembly Bills No.3 of 2018) and The Kenya Roads Bill (National Assembly Bills No.47 of 2017) .

I order the doors to be closed and the Bars drawn

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

You may start voting now.

Order, Hon. Senators. Could

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

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

Let us have. Sen. M Kajwang.

The “Ayes” have it.

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

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

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

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

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

Sorry, I missed The Temporary Chairperson (

Okay, the microphone is back.

Mr. Temporary Speaker, Sir, I beg to move the following Motion- THAT, pursuant to Standing Order 29

(1)

this House approves the Senate Calendar

for the Year 2019

, laid on the Table of the House on, Wednesday, 13th February, 2019. Mr. Temporary Speaker, Sir, it is important that as a House, we have a calendar so that we know what is expected of us and where we are supposed to be. This should not just be for Senators but also members of the public who are welcome here to observe our sittings and participate by bringing petitions, or whatever it is that they need to do. I think a calendar really helps as far as setting the pace on what is going on at any given time is concerned; whether we are sitting or on recess.

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

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

Mr. Temporary Speaker, Sir, in putting the Calendar together, we have taken into account the major deadlines that we have as the Senate. Those are for legislations such as the County Allocation of Revenue Bill. The sitting days take into account the deadlines, so that we are in the House when that is supposed to happen.

In addition, there is The Division of Revenue Bill, which is very important as it has guidelines and deadlines. Given the way the Calendar has been structured, we shall be able to deal with it. We should be able to deliver within the days that we have our sittings in relation to the deadlines that we have for these important pieces of legislation.

Mr. Temporary Speaker, Sir, we also have the Budget Policy Statement (BPS) and the Medium-Term Debt Strategy that will be brought to the Senate. Looking at the Calendar, it is quite obvious that dates were not just picked and pasted to be the sitting days or recess days. Much thought has been put into it, so that the business of this House will run smoothly during this Third Session of the Senate.

Therefore, this Calendar is wonderful because it is a good roadmap for the Senate and will guide us very well. It will also give enough time for Members to bring their Bills in addition to the Government Bills, Motions, Petitions and all other pieces of legislation, so that we can keep our business going.

Mr. Temporary Speaker Sir, the recess dates will also help Senators to handle one of the very critical mandates, which is to go back to their counties and engage with their electorate. With the recess dates being what they are, it gives us room, so that we are not just stuck in Nairobi.

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

Mr. Temporary Speaker, Sir, I rise to second the Motion on the Calendar of the House. I got an opportunity to look at the Calendar as I sit in the Senate Business Committee and realized that it has taken into consideration the time that we will be away for the Devolution Conference, which is very important and also the Legislative Summit.

Mr. Temporary Speaker, Sir, one of the most important things that I would like to urge fellow Members is that when we are on recess, let us do all those trips, but during the time we are supposed to be here, let us come here so that we can conclude all the business that is in the House.

With those remarks, I support the Motion.

The Division will come at the end. Clause 8

Madam Temporary Chairperson, I beg to move- THAT clause 8 of the Bill be amended-

Yes, Madam Temporary Chairperson. The Temporary Chairperson (

Okay. (Question of the amendment proposed) The Temporary Chairperson (

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

The Senate rose at 6.27 p.m.

The Division will come at the end. Clause 9-11 (Question that Clauses 9, 10 and 11 be part of the Bill, Proposed) The Temporary Chairperson (

The Division will come at the end. Clause 12

Madam Temporary Chairperson, I beg to move- THAT Clause 12 of the Bill be amended in the proposed new subsection

Madam Temporary Chairperson, there is a further amendment to Clause 16 and I will read it as it is.

I beg to move- THAT Clause 16 of the Bill be amended –

Correct. The Temporary Chairperson (

In the amended form?

Yes, in the amended form (Question of the amendment proposed) The Temporary Chairperson (

The Division will come at the end. Clause 17-18 (Question that Clauses 17 and 18 be part of the Bill, Proposed)

The Temporary Chairperson (

The Division will come at the end. Clause 19

Madam Temporary Chairperson, I beg to move- THAT Clause 19 of the Bill be amended–

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

Amendment of section 4 of No.of

read a Second Time, proposed) (Question that the new Clause 4A be part of the Bill, proposed) The Temporary Chairperson (

The Division will come at the end. New Clause 5A

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after clause 5- Amendment of section 18 of No. 15 of 2013. 5A. Section 18 of the principal Act is amended by inserting the following new subsection immediately after subsection (2) –

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by inserting the following new clause immediately after Clause 19–

(Question that the new Clause 20 be part of the Bill proposed) Clause 2

Madam Temporary Chairperson, I beg to move- THAT Clause 2 of the Bill be amended-

Madam Temporary Chairperson, I beg to move- THAT Clause 5 of the Bill be amended -

Madam Temporary Chairperson, I beg to move- THAT the Bill be amended by deleting clause 6 and substituting therefor the following new clause –

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

Question put and agreed to)

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

Hon. Senators, let us have Sen. (Prof.) Kamar report progress on The Copyright (Amendment) Bill (National Assembly Bills No.33 of 2017) .

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

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

Sen. Seneta seconded.

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

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

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

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

Next Order.

Hon. Senators, pursuant to Standing Order 52 (1) , I hereby present to the Senate, the business of the House for the week commencing Tuesday, 19th February, 2019.

Before I proceed with the Statement, allow me to take this opportunity to welcome you back to the Senate for the Third Session of the Twelfth Parliament. It is my sincere hope that you had quality time with your families and constituents, as well as had enough rest to take on the business of the House in this Session.

Hon. Senators, on Tuesday, 19th February, 2019, the Senate Business Committee (SBC) will meet to schedule the business of the Senate for the week. Subject to further directions by the SBC, the Senate will on Tuesday, 19th February, 2019, consider Bills at Second Reading and those at the Committee of the Whole. The Senate will also continue with consideration of business that will not be concluded in today’s Order Paper.

On Wednesday, 20th February, and Thursday, 21st February, 2019, the Senate will consider business that will not be concluded on Tuesday and any other business scheduled by the SBC.

Hon. Senators, we have a total of 15 Bills due for Second Reading stage; these are -

Next order.

Mr. Temporary Speaker Sir, I beg to move the following Motion-

THAT, pursuant to Standing Order No.189 (1) and 219, the Senate approves the following Senators nominated to serve in the Sessional Committee of the Senate as follows –

The Senate Minority Leader.

Thank you. Mr. Temporary Speaker, Sir. I intend to be brief since this is one of the Procedural Motions that must take place at the beginning of every Session.As the Senate Majority Leader has pointed out, sessional committees are appointed at the beginning of every session. They are not standing committees appointed every 5 years. There is need for institutional memory and instability.It may be necessary in the sessional committees to appoint those who have served in those committees so that there is some synergy and stability in the work that goes on in that committee. Indeed, these sessional committees, and particularly the County Public Accounts and Investments Committee (CPAIC), do their work on the basis of performance of counties and the use of funds which have been devolved. Therefore, if you keep on changing the committees without institutional memory or some stability, their work may not be rendered effectively.Having said that, I want to say that CPAIC is so critical; it is one of the committees that I can say, directly draws from Article 96 of the Constitution in terms of oversight. Oversight is a very important role. In the past, when people thought about Parliament, they thought about legislation, and it being the instrument through which revenue is raised, taxation measures are approved and audit undertaken. However, oversight must be a continuous and permanent feature of governance, especially governance that takes place in the modern age.Sometimes there is something which happens in a flash and if you do not get abreast with it in good time, it may affect a nation for years. I would like to encourage CPAIC Members to ensure that they are on their toes all the time and do not wait for reports from the Auditor-General (AG), but develop mechanisms to have a way of oversighting counties and particularly the Executive and the county assemblies so that members of the public feel that these institution formed under the structure of Government that was proclaimed by this Constitution, works for the people.Mr. Temporary Speaker Sir, if you look at the principles and objectives of the devolved government, it is to provide services. Although we may be talking about the right to participation and democratic governance as being important pillars in devolution, the most important aspect of devolution is to provide services.The way some counties are run and the way some governors behave, it is as if counties must necessarily be a replication or a reflection of the national government. I think that should not be the case. The formulation of county governments must be service oriented. The other day I saw one of the governors - I thought this could only happen with respect to Baringo County - with an Aide-de-camp.

governors want those institutions to be reflected in the manner in which the presidency operates.

If you read the Constitution, the Presidency is a representation of many other things which the county governors do not qualify to do. Therefore, I hope this committees should be able to look at the way governors and county governments operate. Are they people-friendly or are they are just another institution through which an imperial structure which we did away with under this Constitution has been retained at the county?

I urge the County Public Accounts and Investment Committee (CPAIC) where Sen. M. Kajwang is the Chair and Sen. Olekina is a Member that, counties, just like the national Government, must operate within the Public Finance Management Act. The Act stipulates how county funds should be managed and county assemblies have a role. However, most of the time, there are constant violations of the Act. These things only come to light when there is a big problem not just in the loss of funds, but in the way finances of the counties are managed.

We should have a way of tracking how decisions are made in the area of procurement which falls, to some extent, within the domain of the management of county finances. Therefore, I hope that we do not just look at the reports from the Auditor- General who is an instrumentality of Parliament; the National Assembly and the Senate. He acts as an agent of these two institutions to enable us to undertake or play the role that is enumerated by the Constitution. Therefore, we should go beyond the report of the Auditor-General and look at the operations of counties.

It is my hope that, this time round, CPAIC will look for innovative ways to ensure that reports come to us within reasonable time as contemplated by the Constitution. In any case, not beyond 12 months after every financial year that is being audited. I know it is a toll order but I have been in discussion with Members of the Committee including the previous Chairman, who hopefully, will continue as Chairman. They are now in a position to come up with a better way of looking at those accounts on a timely basis so that we do not discuss reports of these accounts when it is already too late.

Mr. Temporary Speaker, Sir, secondly, the Committee on Delegated Legislation is a very important Committee. There are many laws that are made in this country through instruments by way of delegation. Delegation of the powers of Parliament to enact laws is envisaged under the Constitution, that Parliament can allow other institutions to make laws or regulations. However, if we are not careful, we may give many institutions the opportunity to make regulations that will affect the people or the way we run Government. Therefore, it is important that the Committee on Delegated Legislation is active so that we receive regular reports from them to ensure that even when some of these instruments have not been tabled before Parliament, they go out there and make sure that they are presented before the Senate.

Therefore, I support and second this Motion and hope that the Committee will start its work.

Mr. Temporary Speaker, Sir, I was told by Sen. M. Kajwang that we should be in a position to enable this Committee to meet even during the long recess in December because the Public Accounts Committee (PAC) in the National Assembly was working

over the Christmas period yet our Committee could not be able to hold sittings. This should be looked into so that they have optimal time to consider these matters.

with those remarks, I beg to support.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute to the Motion that approves Senators to serve in the sessional Committees, that is CPAIC and Committee on Delegated Legislation.

The CPAIC is a very important Committee which helps to promote and strengthen devolution which has changed our counties for the better. However, that change comes with responsibility. Therefore, county governments need to know that they are accountable to the people that are represented by Senators who are here. Therefore, when they are called upon by this Committee, they are not called to be grilled as we are normally told; they are given a hearing so that they can explain how the funds that the Senate sends to them are utilised.

Transparency and accountability are tenets of good governance and we cannot run away from them because we are a country of laws and that follows proper governance. Therefore, these tenets must be upheld.

County Executive Committee (CEC) Members also have a responsibility to do their work. They should know that it is not just the governor who will be questioned by the CPAIC, they too have a responsibility. As the governor is called to this Committee, they hold the biggest responsibility because they were given that role by the governor.

I would also like us to assist Members of County Assembly (MCAs) who perform the primary oversight role of county governments so that by the time the work comes to the Senate through CPAIC, it has already been handled or looked at by county assemblies because they play the primary oversight role.

The membership of the Committee on Delegated Legislation is apt and up to the job. I would like them to look at the regulations of laws that govern, especially the electoral process and political parties. We have various regulations that are needed to help us run political parties in the right way. Those regulations need to be worked on. I would urge the membership to this Committee to go out there and look for regulations that govern the political and electoral process in this country.

I, therefore, support the membership to these committees. They are people who are up to the job and I wish them the best in the coming year.

Mr. Temporary Speaker, Sir, I support.

Sen. Seneta, proceed.

Thank you, Mr. Temporary Speaker, Sir, for giving me a chance to support this particular Motion. I want to congratulate all the Members of this Committee. I urge them to move with speed and look into the issues of finances in terms of allocation, expenditure and revenue collections in our counties.

Mr. Temporary Speaker, Sir, recently, we had an auditor’s report that came out during our recess that was discouraging to look at. This is because so many counties have

spent a lot of money on travelling allowances, entertainment and salaries. We need to look at how we can reduce this expenditure and allocate more resources to development.

The Committee needs to advise county governments on employment. Every day, we see adverts for employment in county governments. Do we really need this much workforce and do we have an allocation for it? Do we even have skilled workforce in our counties? Are we employing people who have no much work to do in the counties?” When we employ people who are idle and have no skills, we are promoting corruption. We should not employ people who will only be interested in tenders and stealing because they have no much work to do.

I would urge my able Chairman, who is seated with us here, together with other Committee Members to relook at the recent General-Auditor’s report. We have faith in this membership. These are people we have worked with and they have a lot of concern for counties. I wish them all the best as they start their work.

Mr. Temporary Speaker, Sir, I support.

Thank you, Mr. Temporary Speaker, Sir, for giving me an opportunity also to congratulate the Members who are now being appointed for the second time to manage the two committees; that is, the CPAIC and Committee on Delegated Legislation.

Mr. Temporary Speaker, Sir, it is clear that the role of auditors all over the world, I being one of them, is to verify and certify the accounts. The certified accounts are meant to be given to the management, or may be in this case, county governments to help them make further decisions. The problem that we have had so far in our country is the lateness in the delivery of these reports. Last year, we were dealing with the Financial Year 2013/2014 accounts. We were addressing ourselves to history.

The reports are supposed to give the management or the county governments an opportunity to make better decisions in the management of the resources. So far, we are getting of age in terms of devolution. Right now, we are in the sixth year of devolution. We, as a nation, we are educated. We understand what devolution is all about. We know what should be done and how best we can deliver services to our people. If we take so long to give these reports, it means that we will hide a lot.

The example that I can give is the report that we had on land in Ruaraka. It was a serious thing. We saw the way people behaved in this House. If at this age and stage in life, a Committee can be subjected to or accused of corruption, then I do not know where we are heading as a country. Even in the case where everybody knows that something went wrong, we shot the report down without a wink, knowing very well that we are part and parcel of this corruption.

I want to believe that these Members who have been nominated to the same Committees are above reproach. There comes a time in life where self does not become first. We have to put ourselves behind for us to perform and to be counted in the delivery of services. Therefore, this is a very big responsibility that we are giving the two Committees and more so, the CPAIC. We need people who are above reproach and will go beyond the timing. To me, time is very important.

Mr. Temporary Speaker, Sir, last time it was suggested that the numbers be increased, so that they can divide work in order for us to move faster. That has not been

done here because the number remains the same. I do not know the speed at which we will move at, but it is important that we give reports on time. We also need to be above reproach, because the counties have been entrusted with a lot of money. It should, therefore, add value to our people.

People should not live with the same problems. Talk of health or agriculture; they still have the same problems. We do not know if there is seriousness in the way our resources are being utilized. We have given a lot of money which we should also give seriousness when it comes to the accountability of the same.

Above all, Kenyans should feel better than when the units were not devolved and everything was centralized. There were a lot of complaints. Now everybody has been given a government at the county level. Let the people feel the difference. It will be very unfortunate if we sit here, do the same things in the same way and expect to get better results. It cannot be. We need to have a changed attitude. We must have our people at heart.

We must deliver services and exercise prudent use of resources. These resources come from the same people and fall in the hands of few people. The gap that we have between the rich and the poor is expanding; it is not narrowing. We need to narrow the gap between the rich and the poor by doing the right thing and using money properly. If you are given the responsibility to be accountable, please, be and let the people feel that their representatives they elected or voted for are doing a good job.

I support the colleagues who have been nominated. However, let it be very clear that it is work, first of all. Secondly, it is about transparency and letting our people feel the difference. If something is wrong, let us say so and correct it. That is why we should have auditing.

Mr. Temporary Speaker, Sir, auditing should not there for the sake of it. It is meant to help us make better decisions and verify where the problems are so that we correct them and move on.

Mr. Temporary Speaker, Sir, I thank you for the opportunity. I support.

Let us have. Sen. M Kajwang.

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

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

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

However, I will not want to get into what we have achieved or the challenges that we faced. This is because in September, 2018 when the House met in Eldoret in Uasin

Gishu County, I presented to the Senate Business Committee (SBC) the achievements and challenges that Committee had registered. On 4th of December, 2018 in this House, I presented a report on the achievements and challenges of the Committee.

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

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

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

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

Mr. Temporary Speaker, Sir, I urge the Members of this Committee to guide this House appropriately, so that no single statutory instrument that touches on county governments escapes the scrutiny of the Senate. This is because in the last Session and in the past Parliaments, we have seen a situation where it is believed that all statutory instruments should be treated by the National Assembly. We need to assert ourselves because it is inconceivable to think of any statutory instrument or legislation that will not impact on counties or people living there.

I support.

Mr. Temporary Speaker, Sir, I also rise in support of the Motion which is before the House on the membership of the Senate CPAIC.

This Committee does a very important role in terms of oversighting the expenditure of the money that we send to our counties.

I congratulate the leadership for having chosen to retain the Members who were serving in the Committee last Session at least for purposes of institutional memory and continuity. I challenge the Members who are serving in the Committee to be innovative and pragmatic.

Corruption is a white collar crime. There will always be effort and attempts to ensure that people who steal and embezzle public money that is meant for development, that they hide their tracks. However, we must be innovative. I am not a Member of the CPAIC, but those who are privileged to serve in it must be custodians of the public money that we send to our counties.

Mr. Temporary Speaker, Sir, the people who enacted the Kenya Constitution in 2010, what they had in mind is transformation of the lives of the people who live in the counties. Some of the most key functions were devolved, including health. However, we find cases where even medicine that is meant to be supplied to hospitals is sold to private business people. It was saddening to see what I saw in Machakos the other day. The Governor of Machakos, Dr. Alfred Mutua was acting helpless when he was raiding a

chemist that is right opposite the county headquarters. This is something that is replicated virtually in all counties.

Unless we send a very strong message to people who are in the county governments that it is painful and it will not be beneficial to embezzle money that is meant to provide services to wananchi, there will be a state of hopelessness. Most of us who go to counties, people look at the Senators as the only people they can trust to protect public resources. It will be very unfortunate and almost a disaster, if we lose that faith and confidence that we enjoy from the people we serve.

I want to urge Members of this Committee to live up to the expectations of our people. We want to see blood, where money is being lost. Where we are having ghost projects we might bring these things to the attention of the people we serve. I hope we will be empowered or well-resourced as Senators to undertake our role of oversight. I hope that we will shift our gear from just sitting in Nairobi and going through the reports by the Auditor-General to extend these sessions to our counties.

Most of the queries that are raised by the Auditor-General are things we can verify by making physical visit to our counties. I sat in the session that grilled my Governor from Nyamira. I remember we made an undertaking to the people of Nyamira that come this new session that we will be able to physically visit Nyamira County and make an assessment on the projects where the Auditor-General has raised queries. These queries relate to the services of people from that particular county. If we just sit in Nairobi and file our reports, we will never have impact.

I hope that the Members who are very able, who have been nominated and privileged to serve in this Committee will put our governors and the people who serve in our counties to account. We, as Senators, will continue to be alert in terms of oversighting our governors. We will be keen to see how they spend resources that are sent to the counties.

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

Sen. Samson Ongeri

Thank you, Mr. Temporary Speaker, Sir. Let me also add my voice. I am a Member of that Committee. From the experiences that we have had in serving the last CPAIC, it is quite a thankless job as it were in many respects because you spend many hours being able to interrogate issues that may have happened some five, six, seven years ago and small of a postmortem exercise rather than the ant-mortem exercise itself.

We are all mandated by the Constitution to oversight the performances and the dealings of county assemblies and the county government. We are to look at what they are doing and how they are functioning in the various aspects, especially the public finance management ethos. If I had a way, I would suggest that we have an ad hoc Committee at some stage so as to be up to date with the issues that are outstanding in terms of audit. We can be split into various groups that would go to various counties so as to update the auditing process and bring it up to speed in order for us to discuss the audit reports that directly affect the incumbency; those who are in power. You can only interrogate the services of those in power.

The idea of monitoring and evaluation Committee and implementation Committee would be a useful addition to speed up some of these things. We could also convert, if the Senate Majority Leader and the Senate Minority Leader are in agreement, the whole Senate into an ad hoc Committee of auditing the report, as I said earlier, for us to bring them up to speed. Right now, we are on 2013/2014. God knows when we shall interrogate 2017 accounts. We need to be there for us to deal with current issues. I am a Member of that Committee. I cannot speak for myself, except to accept the honour bestowed upon us to serve in that Committee and to serve diligently as required by the law.

Thank you, Mr. Temporary Speaker, Sir.

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to also contribute to the Motion of approving the Senators, which includes myself, to serve in these two very important Sessional Committees. Like my former Chairperson said earlier on, I had an opportunity to sit in almost 90 sittings where we looked at voluminous documents coming from different county governments.

One thing that, this House and the general public need to understand is that as a Committee, there is very little that we can change because we cannot change what the Auditor-General has already established. The biggest problem that we have is on the issue of implementation. I would want to urge my colleagues in this House to take their time to look at the reports of the Auditor General. I saw the documents that were tabled in this House yesterday. We have about 20 reports.

We will have to sit down and look at them then come up with recommendations at the end of the day that have got to be implemented. However, we do not have an implementation Committee. We need that committee in place for us to work diligently and have the people who are in the county governments who expect us to call their governors here to explain how they spent the money satisfied. There is huge misconception out there where people expect us to call a governor at any time and have them come. I wish we could do that, but the reality is that we have a lot of backlog.

The first Committee did not do much because there was a fight between the Governors and the Senators, which eventually the Supreme Court was able to pronounce itself on. I want to thank the leadership for looking at the work that we did last year. They consequently proposed that they retain us for another year; that is a lot of honour. Everyone in this House and the public should ensure that there is fiducial responsibility. There is a lot that we can do.

That Committee last year – and I hope we will be able to do that this time around – worked on a fiduciary risk report. The report was very clear that in most county governments, the governors were not following the Public Audit Act, the Public Procurement and Disposal Act and even the Public Finance Management (PFM) Act. I, therefore, hope that this time around, as we sit here and say, “I wish that the County Public Accounts and Investments Committee (CPAIC) can do their job faster;” it behoves all of us, as Senators, to look at the Auditor-General’s Report.

There is a lot of confusion between the Auditor-General and the Controller of Budget. I have a Bill in this House, which I hope particularly the Senate Majority Leader will support me on. It is the County Oversight Bill. This is a Bill that was fought heavily

by the governors during the public participation exercise because they do not want to be questioned on how they are using their money. We are talking about involving the Controller of Budget.

I was listening very keenly to the Senate Majority Leader when he was saying that the Controller of Budget ought to be a friend of this House; it is true. However, we ought to reduce this into legislation. We have to involve the communities out there in the budget making process. Currently, our communities are not involved in this process.

You will find that even Members of County Assemblies (MCAs) will start talking about their Ward Development Fund. We can do away with this argument of ward development funds if we involve the community in the budget making process. Consequently, each MCA will be saying: “At the end of the day, I expect that certain projects will be delivered by this county government that I serve in.”

Mr. Temporary Speaker, Sir, as we move into this second term – and I hope the House will approve our nomination – we commit to expedite certain reports. I have always suggested to my colleagues that when we look at reports of Financial Years 2013/2014 and 2015/2016, there is really nothing that can change. In fact, I was suggesting that we just adopt those reports as they are, because we are looking at only the executive; we have not even looked at the assembly. Therefore, the amount of work in that Committee really requires people to be committed to sit even during recess so that we can catch up.

As I wind up, Mr. Temporary Speaker, Sir, there are three key legislations that even governors out there ought to know. Number one, the Public Audit Act is very clear. Number two, the PFM Act is very clear. Therefore, if you violate both the Public Audit Act and the PFM Act, when you come to us, the only thing we will do is to remind you of that and, of course, recommend that you face the consequences as stipulated in Article 226 of the Constitution.

With those few remarks, I beg to support.

I call upon the Mover to reply.

Thank you, Mr. Temporary Speaker, Sir. I thank everybody for the wonderful suggestions. I am glad that particularly three Members from CPAIC are here. I believe that they have taken into consideration the many praises that they have received from the Members here and they will deliver again in their second term in this Committee. We will give them our maximum support.

We believe that they are our first point of consultation. If we want any advice on how to go about matters of oversight, this is the Committee that we will work closely with, together with the Committee on Delegated Legislation. As Sen. M. Kajwang’ said, their responsibility now is to work hard in order to seize their place in interrogating delegated legislation. This is so that it does not become one way of robbing this House of its constitutional mandate by hiding behind delegated legislation to avoid matters that concern counties to be discussed under one House.

Having said that, Mr. Temporary Speaker, Sir, I want to thank everybody. I beg to reply.

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

I will, therefore, put the question.

Mr. Temporary Speaker, Sir, I beg to move the following Motion- THAT, pursuant to Standing Order 29

(1)

this House approves the Senate Calendar

for the Year 2019

, laid on the Table of the House on, Wednesday, 13th February, 2019. Mr. Temporary Speaker, Sir, it is important that as a House, we have a calendar so that we know what is expected of us and where we are supposed to be. This should not just be for Senators but also members of the public who are welcome here to observe our sittings and participate by bringing petitions, or whatever it is that they need to do. I think a calendar really helps as far as setting the pace on what is going on at any given time is concerned; whether we are sitting or on recess.

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

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

Mr. Temporary Speaker, Sir, in putting the Calendar together, we have taken into account the major deadlines that we have as the Senate. Those are for legislations such as the County Allocation of Revenue Bill. The sitting days take into account the deadlines, so that we are in the House when that is supposed to happen.

In addition, there is The Division of Revenue Bill, which is very important as it has guidelines and deadlines. Given the way the Calendar has been structured, we shall be able to deal with it. We should be able to deliver within the days that we have our sittings in relation to the deadlines that we have for these important pieces of legislation.

Mr. Temporary Speaker, Sir, we also have the Budget Policy Statement (BPS) and the Medium-Term Debt Strategy that will be brought to the Senate. Looking at the Calendar, it is quite obvious that dates were not just picked and pasted to be the sitting days or recess days. Much thought has been put into it, so that the business of this House will run smoothly during this Third Session of the Senate.

Therefore, this Calendar is wonderful because it is a good roadmap for the Senate and will guide us very well. It will also give enough time for Members to bring their Bills in addition to the Government Bills, Motions, Petitions and all other pieces of legislation, so that we can keep our business going.

Mr. Temporary Speaker Sir, the recess dates will also help Senators to handle one of the very critical mandates, which is to go back to their counties and engage with their electorate. With the recess dates being what they are, it gives us room, so that we are not just stuck in Nairobi.

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

Mr. Temporary Speaker, Sir, I rise to second the Motion on the Calendar of the House. I got an opportunity to look at the Calendar as I sit in the Senate Business Committee and realized that it has taken into consideration the time that we will be away for the Devolution Conference, which is very important and also the Legislative Summit.

Mr. Temporary Speaker, Sir, one of the most important things that I would like to urge fellow Members is that when we are on recess, let us do all those trips, but during the time we are supposed to be here, let us come here so that we can conclude all the business that is in the House.

With those remarks, I support the Motion.

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

Next Order!

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

The Senate rose at 6.27 p.m.