September 17th, 2015 SENATE DEBATES

Thursday, 17th September, 2015

Order, Members! I have a Petition to the Senate by the residents of Taru Location, Kinango Sub-county, Kwale County, on the heavy blasting and dust from a quarry near Taru Trading Centre.

We, the undersigned residents of Taru Location, Kinango Sub-Location, Kwale County, wish to draw the attention of the Senate to the following:

September 17th, 2015 SENATE DEBATES 5. THAT,

Sen. (Dr.) Zani Agnes Philomena.

They are all my names in the correct order. Mr. Speaker, Sir, I just want to stand in solidarity with these petitioners on this Petition that has come from Kwale County that is on a very key and important issue. We wonder, especially in the light of having bodies like NEMA, for example, and the extent to which residents and communities still have to suffer because of exploitation of resources in those counties.

Whereas we know, through exploitation of those resources, there should be gain, what we are seeing more and more is the flouting of specific provisions that have been given, for example, even regarding quarrying. When it comes to things like blasting, it is meant to be done very far off, away from areas where people live, because the drastic effects of all these are very well known and have been very well documented. It is very bad when communities have to be put at risk because the natural resources that should bring them gain is what is being used to their disadvantage.

The petitioners are very clear on the disadvantages and we hope that this Petition can be handled expeditiously. Apart from the residents of Taru, there are other residents also in areas where the exploitation of natural resources is causing much headache in terms of health and opportunities. We gather from the Petition that even houses have developed cracks. We are going to have a catastrophe in Kwale because those buildings will come down and kill people. Is that the time when we will act?

I am happy that this Petition has come because I am sure that the Senate will look at it and give a good way forward for the people of Kwale County.

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I want to support the Petition and say that similar actions or grievances have been in Makueni because of the Standard Gauge Railway (SGR) , where the contractor is blasting rocks and blowing dust next to schools and homes. People can no longer cook or have quiet time at home at night.

Mr. Speaker, Sir, since it will take 60 days before the Petition comes back to us for determination, at the first instance, I thought and would ask that you issue directions, that the NEMA report issued to this contractor be tabled in the Senate. This is because that itself will tell us whether or not an environmental impact assessment report was prepared before this contactor was allowed. I say so on the strength that when I first

September 17th, 2015 SENATE DEBATES

Mr. Speaker, Sir, this Petition has been signed by 54 people, but I am sure that the number of people affected by this menace is far bigger than the 54 who have signed this Petition.

Mr. Speaker, Sir, we know that the materials being exploited are important and required for the development of important infrastructure, in this case, the SGR. But it is important to know that the safety, welfare and health of our people are more critical than even the development of the infrastructure. I also know that the contractors may have been given specific conditions before they embarked on the exploitation of these resources, but many times, there is no follow up. They infringe on those conditions.

I want to urge that even as this matter is going to be referred to the relevant Committee, the Committee should do its work faster so that we can avoid the suffering of more people affected by this project.

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, let me also take this opportunity to support these petitioners. The rampant degradation of the environment and other hazards in this country is huge. Maybe the NEMA is sleeping on its job.

Recently, in Laikipia County, three children died in a quarry which was left unattended to. We have raised so many issues in this House, for example, where in Nyamira County a contractor went to a catchment area and constructed without NEMA intervening and enforcing such requirements. I, therefore, request this House, as the defender of devolution, to consider maybe having a select committee which will visit the entire country and look at the issues and especially, educate the county assemblies. This is because some of these matters are supposed to be addressed by the county assemblies. But since we understand their teething problems in grasping some of these issues, it is important that we also play our role.

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I stand to support this Petition and urge that action be taken expeditiously. The NEMA was established in good faith and with good intentions, but I think that organization is not doing its job at all.

Before the commencement of any major project, there is supposed to be a report prepared by NEMA. Sure, enough, they do actually give a report, but it looks like these reports are just for the sake of the contractor or whoever is building to go ahead. In that Petition, they have also cited the aspect of buildings in the neighbourhood developing cracks. For a building to develop cracks due to blasting, it means that the shaking or vibrations have affected the foundations. It is not just on the walls that the cracks are happening.

September 17th, 2015 SENATE DEBATES

I had said finally. I do not know whether Sen. (Prof.) Lesan heard me.

Thank you, Mr. Speaker, Sir, for considering me in making a contribution on this. I also wish to support this Petition and suggest that in this country, we know NEMA is not doing as we would want it to. There is a body for disaster management in this country. I think some of the disasters in this country are manmade, they are designed by our negligence and it is important that we consider this as a disaster.

There are things that do not wait like the infectious diseases arising from this dust. They cannot wait for the Petition to go through until we give a resolution after several months. I think it is important that the Disaster Management Agency be involved in looking at some of these issues even as NEMA continues to make its erroneous judgments on the issue of the people’s health.

Thank you.

Thank you, Mr. Speaker, Sir. I wish to support this Petition and applaud them because these Kenyans have chosen to follow the right channel; non- violent and very professional ways of solving their problems. I am sure after this Petition is determined in detail, these problems will be sorted out once and for all. The people will be given a chance to consider the challenges NEMA is experiencing, if any. This is dealing directly with wananchi or what we call “Wanjiku”. It looks at their health, economic and social status which cannot be ignored because we are pro-poverty. We are trying to eradicate poverty and if the innocent or poor wananchi in the rural areas cannot enjoy their peace quietly, then why are we here as leaders? It cannot be accepted. I support and believe that we will get the final answer or solve the dispute.

Order, Members. According to Standing Order No. 227 (1) (2) , we will refer it to the Committee on Land and Natural Resources and they have not less than 60 days to report. For the matter raised by Sen. Mitula Kilonzo Jnr., on the production of the Impact Assessment Report, I will order the Chair of the Committee, and I can see the Vice-Chair is present, that the report should be tabled before the House on Tuesday next week.

Mr. Speaker, Sir, we will take your directive but I am not really sure if the report is ready, but let me make a commitment that if it is not ready, we will report back to the House.

Order, Sen. Khaniri. Do you know what you are referring to? The report to the Petition; you have up to 60 days. This is the report on the Environmental Impact Assessment, if any, as requested by Sen. Mutula Kilonzo Jnr. in his contribution to the Petition. That is the one I have directed to be brought on Tuesday.

September 17th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I beg to lay the following Paper on the Table:- Annual Report of the National Cohesion and Integration Commission: July 2013 to June 2014.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate:-

Annual Report of the Ministry of Information Communication and Technology for the year 2014 to 2015 dated August 2015.

Thank you.

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

THAT, whereas the National Land Commission was established following the enactment of the National Land Commission Act, 2012, to, among others, give effect to the objects and principles of devolved government in land management and administration;

NOTING the principles of land policy as set out in Article 60 of the Constitution including equitable access to land and encouragement of communities to settle land disputes through recognized local community initiatives consistent with the Constitution;

RECOGNIZING that land ownership and utilization is at the centre of many interpersonal and community conflicts in the country since Independence;

ALSO NOTING that section 15 of the National Land Commission Act mandates the Commission to recommend to Parliament appropriate legislation to provide for

September 17th, 2015 SENATE DEBATES

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

THAT, AWARE that traffic congestion in Nairobi Metropolitan region is increasingly becoming worse leading to increased costs, longer travel times, constrained economic productivity and adverse health and environmental externalities;

CONCERNED that the economic cost of the congestion is estimated to be Kshs.1 billion annually on account of wasted man-hours and wasted fuel due to vehicular queuing;

APPRECIATING the Government’s effort in mitigating the problem by expanding infrastructure and initiating other interventions such as installation of traffic lights in the Central Business District; the Senate now calls upon the Government to consider formulating additional policy interventions to mitigate the problem by:-

Next Order.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.45 (2) (b) to seek a Statement from the Chairperson of the Standing Committee on

September 17th, 2015 SENATE DEBATES

The Vice Chairperson or any Member of that Committee can respond.

Please, proceed, Senate Majority Leader.

Mr. Speaker, Sir, on behalf of the Chairperson, I request for two weeks to provide the Statement.

It is so ordered. Please proceed, Sen. Wangari.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 45 (2) (b) to seek a Statement from the Chairperson of the Committee on Health on the deteriorating medical standards with specific reference to quack doctors and medics. In the Statement, the Chairperson should:-

September 17th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I realize that the Statement has a lot to deal with, and the Committee on Health has been quite active on some of these issue. The Committee will give a reply in two weeks.

It is so ordered. What is it, Sen. (Dr.) Khalwale?

Mr. Speaker, Sir, as you have heard, Sen. Wangari has referred to the matter of qualified and quack doctors and with specific reference to one Mugo wa Wairimu. As a qualified doctor, registered, trained, examined and practising; on behalf of all the doctors and nurses in Kenya, I would like to give our unreserved apologies to the whole country how our profession has been abused in the process of advancing that criminal activity against our women of Kenya. The doctors and nurses in Kenya are not involved and we condemn this act.

What is it, Sen. Billow?

Mr. Speaker, Sir, the apology by the honourable doctor, whom I did not know was still practicing, is too late and misplaced. There is no other organ other than the Kenya Medical Practitioners and Dentists Board (KMPDB) , which he is a member of, which licenses medical practitioners. The Board is singularly responsible for the proliferation of qualified or purportedly qualified and unqualified people practising medicine. In fact, it is the Board that has the culture of allowing people who are semi- qualified or, in fact, not qualified at all to practise. So, an apology is not enough. The Board ought to ensure that the profession is properly regulated so that it does not have such kind of people. Patients are also dying in the hands of qualified people in hospitals because of professional negligence which members of the Board hardly admit even when they are taken to court.

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

I hope that it is not part of what I have heard.

Mr. Speaker, Sir, I do not know what you had heard. However, I would like to reiterate what Sen. Billow has said. In the Statement, we should also know whether the KMPDB has a policing agent because it has become a reactionary institution which only acts when other people complain. If it had taken time, it would have found out that such like people are there to cheat and inflict pain and suffering upon fellow Kenyans. However, it waited until that happened then apologised on television like we are hearing from one of its members, Sen. (Dr.) Khalwale. That is unfortunate because we cannot afford to continue having institutions that only react to situations instead of taking precautions to see that such kinds of things do not happen. This is a very extreme and unfortunate situation that has happened in our country.

September 17th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I support my colleague’s sentiments about the apology. I am sure that he was apologising on behalf of those who are legally registered and fully trained to practise medicine. We know that a large number of such cases arise from unregistered and unqualified persons.

However, Mr. Speaker, Sir, the Senate Committee on Health is currently considering a small amendment to the Kenya Medical Practitioners and Dentists Boards. Penalties for some of the acts have been small with some being fined as little as Kshs3000. We are coming up with amendments and hope that we will improve on the penalties. We should assist the medical personnel not to engage in some of the legal activities. We are coming up with amendments which will help KMPDB to take action against the unqualified persons who pretend to be medical practitioners and hurt the public in the process.

However, Mr. Speaker, Sir, the apology by my colleague is warranted and acceptable.

Order, Sen. (Prof.) Lesan. I do not remember for a moment Sen. (Dr.) Khalwale directing himself to one Sen. (Prof.) Lesan. In any event, you are all reading from the same side. How do you say that you accept what should be coming from you?

Mr. Speaker, Sir, I agree with the concerns of the Deputy Speaker and the Senator for Mandera County. It is true that it is too little, too late. It is also true that the responsibility of regulating medical practitioners lies squarely with the KMPDB. The reason I apologised is because we have a privileged platform in this House and the National Assembly. Those of us who are lucky to be here and come from respective professions can do our bit because it is clear in our minds that there is need for an apology. However, what Sen. Kembi-Gitura has raised will be the answer from the Ministry of Health on what the Government and KMPDB is doing to ensure that there is no proliferation of such clinics.

It is also true that there is a very active branch within the Board that is responsible for quality assurance. Members of the Board visit clinics on a regular basis. If they find that somebody is not qualified and there is no evidence for the same, then, the clinic is closed down.

Thank you very much, Mr. Speaker, Sir.

Order, Sen. (Dr.) Khalwale. While the House will appreciate your privileged position and knowledge, the responsibility to respond is not yours for now. Therefore, let us wait for the responses and we will interrogate them.

However, I agree with Sen. (Dr.) Khalwale on one issue. We should not be so hard on him. I do not know whether he belongs to the professional body but I believe he does. I do not think he is the executive but just a member who has taken a bit of care to at least apologise professionally. We must accept it at face value.

For the benefit of Sen. (Prof.) Lesan, your Vice Chairperson told us that the response will come in two weeks. However, you went ahead to tell us about the deliberations of the Committee. The Standing Orders are very clear; you do not divulge information until it is ready for consumption.

Proceed, Sen. Nyongesa.

September 17th, 2015 SENATE DEBATES DEATH OF MS. MAUREEN TATA AND THE DETERIORATING HEALTH STANDARDS IN THE COUNTRY

Mr. Speaker, Sir, I had sought a Statement from the Committee on Health on 23rd July, 2015 before we went on recess concerning a very serious matter about the death of Maureen Tata at St. Francis Mission Hospital in Kasarani which was caused by the doctors’ mistakes. I am still waiting for the response.

Vice Chairperson of the Committee on Health.

Mr. Speaker, Sir, I remember very well giving the answer to the House before we went on recess. I think the Senator was not in at that time.

Sen. Kittony, when did you do so?

Mr. Speaker, Sir, it was before we went on recess. If we check in the HANSARD, I am sure that we will get the exact date. At around that time, she was busy making arrangements for her wedding. So, she is excused.

Order!

Mr. Speaker, Sir, I rise pursuant to Standing Order No.45 (2) (b) to seek for a Statement from the Chairperson---

Order. Unlike some of the places they look for records, we keep ours on a daily basis. Therefore, I can confirm that you, the Vice Chairperson of the Committee on Health, are yet to give that Statement. The Statement was requested on 22nd July, 2015 and it was due on 28th July, 2015. However, the column on the “date issued” is blank. When did you issue it?

Mr. Speaker, Sir, I had the Statement. I think I issued it.

An hon. Senator: No!

Mr. Speaker, Sir, I apologise.

Since the statement is ready, you can issue it on Tuesday. In the spirit of our Constitution, gender and a family-friend Parliament, that if the Member was busy, she was busy for a very important national duty.

Most obliged, Mr. Speaker, Sir.

September 17th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.45 (2) (b) , to seek a Statement from the Chairperson of the Standing Committee on National Security and Foreign Relations on the rising insecurity in Nandi County, particularly Kapsabet and its environs, Mosoriot and Mosoriot Town Centre.

In the Statement, the Chairperson should state the following:-

September 17th, 2015 SENATE DEBATES

Mr. Speaker, Sir, like Sen. Wetangula, I send my condolences to the families that lost their loved ones in the Kapsabet incident. However, like the Senate Minority Leader, let me also ride on Sen. Sang’s question to ask wholesomely what policy is being put in place to ensure that the issue – because there seems to be a crime that is directly related to motorbike riders. That is also happening in Elgeyo- Marakwet, bordering Trans Nzoia. I have also heard many other places where that is happening. Is there need now for a policy on the boda boda sector?

The Chairperson of that Committee should come up with recommendations in whether there is need for policy, legal interventions or mechanisms that specifically address that sector. I know that at another time, we will discuss about other things related to motorcycle accidents and so on. However, when it comes to the security, that is, either a motorbike is being used or the motorbikes are being targeted specifically, where are those motorbikes which are being stolen taken to? Who are the buyers? Who are in this business? If that question goes to the Inspector-General of Police, we must be told in no uncertain terms that police are not part of that racket and business, so that Kenyans can be confident that they are safe.

Mr. Speaker, Sir, Kakamega County has the longest border with Nandi County. Reports filtering from Kapsabet to Kakamega are indeed very worrying. I would like this Statement to clarify the role of the Office of the Governor. Reports reaching funerals is that the Governor either directly or indirectly has introduced an element in Kapsabet of ethnic profiling of the youth so that in an incident where two sets of receipts are issued so as to cover up for fraud, when there is discontent someone is setting up Luhya and Nandi youth against each other. We would like a comprehensive report on that.

In Kakamega, the harassment is such that the Office of the Governor has set up an elite force in the name of enforcement officers. These people move around with Administration Police who give them security and they seize boda bodas and beat the young men. The young men are literally at the mercy of these so-called enforcement officers of the Governor for Kakamega.

The Statement should also indicate whether there is any law passed in this Senate or elsewhere that gives governors the power to form an alternative police force. I remember that it is the Senate Majority Leader who attempted here through legislation to form a metropolitan police force. We had to pass that law. Where do the governors get the power to create the so-called enforcement officers who end up doing policing but they are just goons? They harass people; take merchandise from mama mbogas and so on. This matter must be brought to light.

Mr. Speaker, Sir, I understand the challenges faced by the motorbike riders and also the accidents that have been caused as a result of usage of motorbikes. I understand that this requires a comprehensive answer. I request to be given three weeks so as to give a comprehensive answer to this particular Statement.

Mr. Speaker, Sir, I appreciate a number of the riding questions that have been raised by several Senators relating to my Statement. This Statement touches on security. We are talking about residents---

Order, Sen. Sang!

September 17th, 2015 SENATE DEBATES

Mr. Speaker, Sir, would I be in order to request that the Vice Chairperson splits the question into two? The issue of boda boda can wait but she should respond to the element of security within one week because this is a very serious issue. We have animosity between the police and the residents within Nandi. This is something that needs to be addressed in the shortest time possible.

Mr. Speaker, Sir, I request Sen. Sang to bear with us because we can do his Statement in two weeks but the boda boda rider’s Statement will take three weeks.

Order, vice Chair. Sen. Sang asked for your indulgence to prioritize the insecurity bit of the Statement. You can do the other Statements in the three weeks that you wish, which I think is fair because we are talking about the loss of lives. You would not want to see that continuing.

Mr. Speaker, Sir, one week is okay. I will try.

It is so ordered.

Mr. Speaker, Sir, this is the fifth time I am demanding a Statement from the Chairperson on County Public Accounts and Investments Committee (CPAIC) concerning some contracts in Narok County. It is about two months and I have not received any response.

The longer this Statement delays, the more the people of Narok suffer because their properties are being auctioned and some people are sickly. I request you to order the Chairperson to address this issue as quickly as possible.

Which Committee was it, Sen. Ntutu?

County Public Accounts and Investments Committee.

Mr. Speaker, Sir, I committed myself to the House to give this answer. We have been ready until yesterday when we were told of the quality of the answer. I looked at the issues the Senator had raised and we refused. The County Secretary of Narok was ordered by the national office to improve on the answer because the answer was coming from there. He asked for two weeks but after I consulted with the Senator, he said that two weeks was not acceptable. I went back to the county secretary and he has confirmed that he is doing everything possible and the answer would be here next week on Tuesday at 2.30 p.m.

It is so ordered.

Mr. Speaker, Sir, I stand to inquire about a Statement that I requested before we went for recess from the Standing Committee on Labour and Social Welfare

regarding access to finances by youth, women and people with disabilities.

Where is the Chair, Vice Chair or a Member of that Committee?

September 17th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I was not there when that Statement was requested but I will follow it up to make sure that we respond within a week.

Mr. Speaker, Sir, it is okay.

Mr. Speaker, Sir, before we went for recess, there was a question you re-directed back to the Chairperson to give a comprehensive answer relating to the killings that took place in Mt. Elgon Sub-County, Bungoma County. The response is long overdue.

Sen. Karaba is still sitting and yet he has not given an answer to the request that I had sought concerning the problems in Moi University and the University of Eldoret.

Order, Senator. On the second one, what do you expect Sen. Karaba to do? You do not expect him to stand when he has not been given the chance. You may recall that we are taking requests first. Do not impute improper motive on your colleague.

The first Statement was a request to which Committee?

Mr. Speaker, Sir, the Committee on National Security and Foreign Relations.

Mr. Speaker, Sir, I was consulting on something. I did not hear what Sen. (Prof.) Lonyangapuo wanted. Could he kindly repeat?

Order. You will approach Sen. (Prof.) Lonyangapuo where he is. When you are ready, you let me know.

Mr. Speaker, Sir, at the end of July, I sought a Statement from the Committee on Land and Natural Resources regarding a resumed construction on the junction of Loresho Ridge and Lower Kabete Road. I am wondering whether the Statement is now ready because it was supposed to be given on Tuesday, 15th September,

By whom?

The Chairman of the Committee.

Which Committee?

Mr. Speaker, Sir, Committee on Land and Natural Resources.

Is the Chair, Vice Chair or a Member of the Committee on Land and Natural Resources here?

September 17th, 2015 SENATE DEBATES

I will liaise with the Chair and provide the report by Tuesday.

Mr. Speaker, Sir, on Tuesday, I tabled reports of the accounts of various county executives and county governments. I also tabled the financial statements of county governments. I was asked by Sen. Billow to clarify why on the same government I am giving three sets of reports. That is the financial statements, county executive and county assembly.

I was able to discharge the county executive and county assembly report. I was then ordered by the Chair to clarify further the difference between those reports and the financial statement. I have a very quick response. After checking through those reports, I have seen some fundamental difference. The difference between the report of the county executive and the county assembly is that those ones contain the reservations of the Auditor-General on the state of the accounts in the Government, which are expressed as audit queries. They also contain the opinion and conclusion of the Auditor-General. When he does so, he either concludes with a disclaimer to qualify or not qualify.

The last thing is that in those reports, the Auditor-General suggests recommendations. Then the Committee, after listening to witnesses, gives action-oriented recommendations; either by way of surcharging officers, disciplining them or recommending them for further investigation by the Criminal Investigations Department or the Ethics and Anti Corruption Commission (EACC) .

On the other hand, I have found that financial statements emanate from the raw financial statements that are given at the point of entry for audit into the county that are given to the auditor. When the Auditor-General receives these raw statements, he then cleans them up by guiding the accounting officer on how best to treat issues. Those cleaned up statements are then sent to us together with the reports so that we are enriched when we are looking at the audit queries. For the benefit of the Members, those cleaned up queries, as it is on record, have a statement on the financial position that sometimes people call the balance sheet. This shows the assets and liabilities within those institutions. They also contain a statement of profit and loss, which some people call a statement of comprehensive income. They contain the budgetary estimates as weighed against the actual expenditure that was made.

Finally, they contain footnotes which help the person who is being audited to explain certain things including break-down on expenditure not necessarily in that particular financial statement.

Mr. Speaker, Sir, I want to take this opportunity to thank Sen. (Dr.) Khalwale on what I consider to be a good job that the committee is doing. I am getting extremely flustered because it is becoming very difficult to some of us to properly do oversight role in the counties because we are not receiving the audited accounts in good time. I know that a batch was given on Tuesday. I checked and the one for Murang’a County Executive is still not there. Time is running out and yet we should be reacting to issues. You know very well that there are a lot of issues going on in the

September 17th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I am actually surprised about what the Senator for Kakamega has read where he talks of financial statements. To the best of my knowledge, there are no financial statements of any county that has been submitted to this House. The reports which were submitted before we went for recess are the financial reports of the executive and the finical reports of the assemblies. Those are audit queries or irregularities. A statement showing the income and expenditure of a county, showing how much income or revenue that county earned or received, how much expenditure was on salaries, how much was on rent and on office expenses and so on. It is the kind of thing showing the net surplus or loss; a balance sheet showing a statement of assets and liabilities of a county has not been submitted to this House. That is a fundamental thing because when an auditor is auditing, he actually express his opinion on those set of accounts. It is actually a surprise that what we were given is a set of audit queries like a management letter.

I would appreciate it if the Chair could explain when we will get the financial statements showing the assets and liabilities and income expenditure for each of the 47 counties, so that we can actually know how counties spend their monies and what are the status of their liabilities, debts and credits, creditors, and so on.

Mr. Speaker, Sir, I want to raise a much wider issue, regarding what we are doing in the Committee on Finance, Commerce and Budget and the County Public Accounts and Investments Committee (CPAIC) . The English saying that “seeing is believing” is very important. When we are doing oversight, we cannot just stick to reports from the Auditor-General as the only way of doing oversight. Quite often, issues are raised as to what extent what is reported on paper is true. I will give you an example; in many counties, there is a controversy over construction of roads. County governments claim that they construct the roads, Constituencies Development Fund (CDF) say that they construct the roads and so on. I do not know what the Auditor- General sometimes audits. The same road apparently was constructed by two sources of funds from the Government.

The only body that can allay the fears of the public to double-auditing or double- claim is the Senate. Therefore, I would like us to spend much more time on discussing the oversight role of the Senate and the means to do oversight. It is something that is being fudged over but in the final analysis, this nation will hold us culpable for not having risen up and asserted this role so that it is financed properly so that we can stop the financial haemorrhage in the counties.

Mr. Speaker, Sir, allow me to start with the clarification sought by Sen. (Prof.) Anyang’-Nyong’o. When I see what we are going through in the Committee, I see the wisdom of having that fund that was to enable Senators to have

September 17th, 2015 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. I appreciate what the Chairperson has said on the last item on the need to determine the assets and liabilities of counties first. Let me bring to your notice that although TA has actually obtained the inventory of all the assets and liabilities in all the counties, the issue has been an audit of the same for which they have not been able to do for lack of financing or whatever. However, I think in financial audit, the procedure is that the Auditor-General can still take on the current assets and liabilities that these counties have and even those others when they are actually available even without an audit. He should have qualified his audit report that the brought forward assets and liabilities of each of these counties have not been verified or audited and, therefore, put a disclaimer on it. You must record.

September 17th, 2015 SENATE DEBATES

Order, Sen. (Dr.) Khalwale! I think Sen. (Prof.) Anyang'-Nyong'o said that this is a matter for debate. It shall proceed along those lines.

Let us proceed.

Thank you, Mr. Speaker, Sir. Before we went on recess, Sen. (Prof.) Lonyangapuo had requested for a Statement from me and my Committee on Education relating to the management of Moi University and University of Eldoret which had been closed indefinitely. I was supposed to inform the Senate of the following issues:-

September 17th, 2015 SENATE DEBATES

September 17th, 2015 SENATE DEBATES

September 17th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I want to thank the Chairman of the Committee on Education for the answer that he has delivered today although it has been pending since yesterday. Regarding the case of Moi University, I want to thank the Moi University management for quickly moving to arrest the situation and restore normalcy. The fracas occurred on 15th July and students were sent home. Five days later, they were back in campus to continue with their studies. This is what is expected of an institution.

However, regarding the University of Eldoret, the scenario that the Chairman is giving is completely misplaced. It totally does not rhyme with what is on the ground. It appears like the Ministry of Education, Science and Technology is listening verbatim to the version of the Vice Chancellor and the management of the university. The Chairman has said that the university was closed on 8th July, 2015 and the students stoned the management together with the students’ leadership when they were in a meeting---

Order, Senator! We heard all those; just seek a clarification.

Mr. Speaker, Sir, I am clarifying because the version which is known by most people is that the Vice Chancellor locked herself in a room for five hours when the students were waiting for her to address them. Instead of addressing them, she called the Officer Commanding Station (OCS) , who is also her cousin, to send police officers to disperse the students. The Ministry, through the Chairman, is giving us a completely variant position, pointing fingers at the students.

Secondly, the Chairman says that the university has now been opened progressively. What is “progressively?” The students had only one week to do exams. So, I expected all the students that were preparing for the exams to have reported to the university, finished their exams and maybe now staggered to open. When you say “progressively”, it could mean that some of them will report next year. So, the exams that were supposed to be done in a week will now be done one year later. This is the scenario which is on the ground and the Chairman is not giving us that version.

Lastly, could he define what political interference is? It looks like the leadership of Uasin Gishu and the North Rift is being maligned for nothing because leaders point fingers and nothing happens. Instead of addressing the issue, it is said that leaders are interfering. I want to exonerate political leaders from the top to the bottom in this matter. We need a substantial and proper procedure for all students to report back to the university. The Vice-Chancellor should actually pay the Kshs2 million for damage herself instead of loading it to the students, because she is the one who caused the riots by sticking in her office.

Mr. Speaker, Sir, I want to appreciate the response given by the Chairman but I also want to agree with Sen. (Prof.) Lonyangapuo that this Statement seems to be absolutely one-sided. I was part of the team led by the Chairman himself that went to the university. The Chairman can confirm that a number of issues were raised when the Committee toured the university. Could the Chairman indicate whether the answer that he has given and the report that we compiled after visiting the universities

September 17th, 2015 SENATE DEBATES

On a point of order, Mr. Temporary Speaker, Sir. I seek the guidance of the Chair because when this matter came up last time, the Chairman attempted to read a report that they had compiled by visiting the university. A point was raised that whenever we seek statements from Chairs of Committees, we do not ask them to go and investigate. We ask them to go to the Ministry and get the version of the Ministry and cross-examine their story, unless a select committee was appointed by this House to go and investigate the matter.

In this case that we are dealing with, I think we must be contented with the report that we have gotten from the Chairman or the Cabinet Secretary for Education, Science and Technology and not information that was gathered by the Committee. This is because the Committee had not been given the mandate to go and investigate from the ground; rather, we requested for a Statement from the Cabinet Secretary. What the Chairman has

On a point of order, Mr. Temporary Speaker, Sir. I seek the guidance of the Chair because when this matter came up last time, the Chairman attempted to read a report that they had compiled by visiting the university. A point was raised that whenever we seek statements from Chairs of Committees, we do not ask them to go and investigate. We ask them to go to the Ministry and get the version of the Ministry and cross-examine their story, unless a select committee was appointed by this House to go and investigate the matter.

In this case that we are dealing with, I think we must be contented with the report that we have gotten from the Chairman or the Cabinet Secretary for Education, Science and Technology and not information that was gathered by the Committee. This is because the Committee had not been given the mandate to go and investigate from the ground; rather, we requested for a Statement from the Cabinet Secretary. What the Chairman has

September 17th, 2015 SENATE DEBATES

You have explained it very well. When a Statement is sought, the Chairperson is supposed to consult the Ministry to get it and issue it in this House. A select committee may also go and investigate the matter. But in this case, the Statement that you are reading is from the Cabinet Secretary, and I think it has been interrogated well.

On a point of order, Mr. Temporary Speaker, Sir. I thought that you were to revert back to me again, because the Chairman is not supposed to speak with finality, as though he is the Cabinet Secretary. I am from the ground where the problem is. I represent the entire region academically and the students who were affected come from my county as well. Whatever I am saying is the reality and my version also needs to be listened to.

Seven out of nine employees at the senior management level were suspended. The Vice Chancellor and the Deputy Vice Chancellor were left. The Chairman is not telling us in the report that the seven who were suspended are from one region and the other two are from a different region. One person, Dr. Mary Chepkite Lopokoiyit, got shocked and died as a result of the suspension. She was alleged to have addressed students when they were agitating to see the Vice Chancellor. I agree with Sen. Musila that we need the report to be tabled on the Floor of the House, for us to interrogate it in details, including the circumstances that led to the death of that senior officer.

Mr. Temporary Speaker, Sir, the Vice Chancellor and the other two are not bothered. This is a serious matter and the people of Uasin Gishu and the North Rift in particular would want to exhaustively know how the situation at the University is being handled and why the other people have been suspended and they have not gone back to duty.

Mr. Temporary Speaker, Sir, I want to give a Statement sought by Sen. Abdirahman. The Statement is with regard to the ongoing teachers strike. I thought that yesterday we had a whole afternoon devoted to debate on this issue, and I do not know whether it will be prudent for me to continue to issue this Statement.

Mr. Temporary Speaker, Sir, I want to give a Statement sought by Sen. Abdirahman. The Statement is with regard to the ongoing teachers strike. I thought that yesterday we had a whole afternoon devoted to debate on this issue, and I do not know whether it will be prudent for me to continue to issue this Statement.

(Sen., Mositet) : Yes, proceed.

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Mr. Temporary Speaker, Sir, I want to, first of all, thank the Chairman of the Committee on Education for the quick response he has given. I only sought this Statement on Tuesday and as directed by the Speaker, he was ready on Wednesday and had you been given a chance yesterday, you would have given the Statement.

The Statement, though seeming detailed has very little solutions to the ongoing strike. In particular, I want to say that the Ministry is very insincere on this matter. The salary rise for teachers has been agitated for since 1997. Looking at the second part of your response, you go on to say: “the Ministry is holding consultations and then you go on and say that after lengthy deliberations, it was noted with concern that the demands of teachers will have the following implications”. None of those four implications will actually be in favour of getting a solution to these problems. The Ministry is very insincere. If they really wanted to be pro-active, they would have stopped this strike long ago, but they did not do it.

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Thank you Mr. Temporary Speaker, Sir. The Chairman’s response is a gross understatement of the crisis that we have in learning institutions. I do not know whether the Chairperson lives in this country. To suggest that learning is going on in most institutions in this country, I think is to play on the intellect of the people of Kenya. The teachers are at home and there is no learning going on. If learning means having students play in school and sending security personnel to look after the children playing in the school, then I think we have people who are not in touch with reality.

Could the Chairperson explain whether the Cabinet which constitutes the Government of Kenya has met as a matter of urgency to discuss this matter of the crisis of teachers, because that would have provided the Ministries an opportunity to determine how much each Ministry can release in terms of funds to address this emergency? Has there been any Cabinet meeting to discuss this crisis?

With regard to schooling in north eastern Kenya, he says that it was agreed that 800 untrained people – they are not teachers – were to be recruited, could he clarify whether indeed those 800 that have been agreed upon more than a month ago have been recruited and are now in the classes teaching?

Mr. Temporary Speaker, Sir, obviously this is a grave matter which has taken a lot of time. Yesterday, we spend quite a lot of time with a Motion for Adjournment from the Senate Minority Leader. Everywhere you go in this Republic, people are talking about their children not learning. While thanking the Chair, it would not be misplaced for me to say the matter has not been taken as seriously as it should.

The Chairman said, and I believe he was reading a Statement from the Cabinet Secretary, where he had said in public that examinations will go on regardless of the strike. Who will be the invigilators of these examinations? Who will mark examinations when they are done? You cannot ignore teachers and pretend to do examinations without them. Rumour has it that you want to use the National Youth Service (NYS) of Ann Waiguru to invigilate and mark. Is this Government serious?

The Chairman also said that learning is going on partially in some schools. Could he tell us which schools? In the whole of Kitui County which I represent, I know of no public school other than private schools where learning is taking place.

Finally, the issue of the schools in the north eastern region has been discussed on the Floor of this House. It has now taken nearly a year since we started talking of no learning in schools in that region. What is happening now is just that the problem has spread everywhere in Kenya. It is time the Government addressed this matter in totality. You cannot under-estimate the importance of teachers in education. There can be no education without teachers. Therefore, the earlier the Government meets teachers and agrees on a formula to return to work, the better for all of us. I submit that we are actually wasting a lot of time.

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Mr. Temporary Speaker, Sir, thank you for your indulgence.

Mine is to briefly give the Statement of the business of next week, pursuant to Standing Order No.45. First and foremost, I welcome hon. Senators from the recess. I hope that the recess has provided a good opportunity for us to refresh and reconnect with our counties and also to plan for the months ahead. At the same time, I congratulate Sen. Kanainza for getting married during the recess. She was here, but she has left. We are happy for her.

I want to bring to the attention of the House that on Tuesday, next week, 22nd September, 2015, the Rules and Business Committee (RBC) will meet at 12.00 noon to schedule the business of the week. Subject to the directions of the RBC, the Senate will give priority to the Bills that are going through the Second Reading and Committee of the Whole, including but not limited to the following:-

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We now go back to the Statement which had been issued by the Chairman, Committee on Education.

The Senate Minority Leader (Sen. Wetangula) : Mr. Temporary Speaker, Sir, thank you for the opportunity. First, I want to thank the House as a whole for standing together yesterday in a bipartisan manner on the matter of teachers. I particularly want to thank the Chairman of the Committee on Education, who spoke very well. Everything that he said yesterday is the complete opposite of what he has been given to come and read to the House. My first question is whether he believes in what he has read to the House because, yesterday, he was extremely eloquent, forceful and purposeful in what he said.

This statement says in part, that the Salaries and Remuneration Commission (SRC) has confirmed that the salaries for teachers and other civil servants had already been harmonized. This is a false statement and the Chairman of the Committee told us as much yesterday. I brought here information and statistics that a junior clerk at Jogoo House in the Ministry of Education earns three times more than a teacher at the same level out there in the field.

The highest level of a headteacher; the Principal of Alliance High, Mang’u High School, Maseno School and in other big schools, earn a salary of Kshs109,000 maximum. That is why this statement about harmonization is false. The secretary to the Teachers’ Service Commission (TSC) who is, in fact, in every respect at the intellectual level a little lower than those senior teachers, earn Kshs526,700 per month. This is more than three times than the highest paid teacher. Is that harmonization of salaries?

Mr. Temporary Speaker, Sir, I want the Chairman to clarify whether he believes in this statement that has been bandied over a period of time that the wage for the public servants would be a heavy burden to the country, when we have said and we have statistics to show, that if the increment of 50 per cent and 60 per cent as directed by the highest court in the land is met, it will occasion an extra expenditure of only Kshs1,330,000,000 per month aggregating to Kshs17 billion per annum. By any stretch of the imagination, that cannot destabilize our budget.

More importantly, is the Chairman satisfied that the Executive, particularly the exhibition of arrogance that we have been seeing from TSC; issuing threats upon threats to teachers and the unhelpful arrogance exhibited by the Cabinet Secretary for Education in this matter, that they are helping the cause of resolving the stand-off between the teachers and the Government?

Each Member here represents a rural constituency apart from Nairobi. Even in Nairobi there are so many pockets of what is worse than rural constituencies where children are suffering because teachers are on strike. We want a solution. If the Chairman is not satisfied with this answer, and I believe he is not because we know his thinking from yesterday’s debate, could he tell us what will be done to get this matter resolved, once and for all?

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We now go back to the Statement which had been issued by the Chairman, Committee on Education. The Senate Minority Leader (

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity. I want to register my disappointment with the way the Chairman of the Committee on Education has responded to this issue. I wonder if he is comfortable the way my colleagues have been saying when he reads a statement that is misleading the House and the country. It is so shameful that we, as a country, cannot solve the issue of teachers’ salary, once and for all.

I will request the Chairman to tell us if it is not misleading to state that learning is going on in some schools. That is misleading this House. I want to say that Kenya is not a poor country, but it is just because somebody somewhere does not want to listen to teachers. It is time that we respected the rule of law. The Supreme Court of Kenya is the highest court in this country and it must be respected. Teaching is a profession that must be recognised and respected.

We, legislators, cannot sit back and listen to such a response and accept that this is what is happening. Everybody, be it nationally and internationally, knows that there is a crisis in Kenya. The only solution is to look for the best and possible way to address this issue, once and for all. Give teachers what belongs to them as awarded by the Supreme Court.

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Mr. Chairman, it is your turn now.

Mr. Temporary Speaker, Sir, I will attempt to respond to most of those concerns. As you were trying to seek more information, a school delegation came in here and they were seated behind you dressed in uniform meaning there is learning going on.

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Mr. Temporary Speaker, Sir, I am also concerned with the plight of teachers. I was a teacher. I was a victim of what happened in 1997 when the then President agreed to pay teachers that time. Those teachers who retired in 1997 have not been paid although there is a court order. We need to find out what exactly is happening. In my statement, I said that the Ministry has so far held a series of consultative meetings with the Cabinet Secretaries of various Ministries.

Consultations are still going on and it is my hope that one of these days, we will get a solution. It is the desire of every parent in this country and I am one of them and I believe all of you are, to see our children back in schools. When we talk about lengthy deliberations, we need to balance the act. Where we think there is harmonization, so be it. Where we think maybe we can settle on 50 per cent or less, the way some of you said in the debate yesterday, we will consider in our deliberations.

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On a point of order. Mr. Temporary Speaker, Sir. I think I wanted a clarification from the Education Committee Chairman to tell us those public schools he is alleging learning is going on. He should not assume that the pupils he is seeing in the gallery are from a public school. I want the Chairman to tell us those public schools where learning is ongoing. Is he in order to mislead this House by telling Kenyans that learning is going on when parents are having learners in their homes?

Mr. Temporary Speaker, Sir, is Sen. Omondi in order to mislead this House when she can see what is in the gallery? The students are from schools. In the statement sought, it had nothing to do with definition of public or private school. Learning is going on partially in some schools in this country.

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What is it, Sen. Abdirahman?

On a point of order, Mr. Temporary Speaker, Sir. The Hon. Chairman is trying to water down a serious matter that is under discussion this afternoon. We are talking about the nation and not Kirinyaga County. We are not just talking about students who have come to visit and learn something about Parliament. Is the Member in order to underestimate the crisis we have in this country by saying that there is partial teaching in certain specific areas, including Kirinyaga? We want him to address issues as they are since the statement itself is hollow. He should not waste a lot of time, but tell us actual measures.

Mr. Chairman, this is a very weighty matter that we have to address with the seriousness that it deserves. Therefore, if the Committee did not interrogate the statement itself, then you should request for more time. Remember the public is watching what the Senate is doing. If we have students in the

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Mr. Temporary Speaker, Sir, I indulge the Chair for more time so that---

What is your point of order, Sen. (Prof.) Lonyangapuo?

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You are completely out of order Sen. Lonyangapuo. That will be dealt with at the right time.

Mr. Temporary Speaker, Sir, why would we allow the Chairman to get away with it by quoting learners who are on a different visit? This is not a classroom so we cannot be told that they are in school just because they are seated in the Public Gallery.

Sen. Karaba, please, stick to the issues.

Mr. Temporary Speaker, Sir, following what I have heard from various Senators, and also from what I had indicated the day that I requested to be given the two weeks, we are going back to the same position that more time will be required. In any case, two rulings were made; one on 22nd and another one on 25th August, 2015 by the Supreme Court. We need to wait for the two rulings before we make further comments on this issue. I appeal to you.

I heard some Senators ask about the costing of wasted time and who will compensate the students and the parents because the teachers’ payslips will be attached. Therefore, do you need some time to answer that because I did not hear you address it?

Mr. Temporary Speaker, Sir, these are some of the answers that I cannot give right away because I need more time so that I can find out from the Cabinet Secretary as to what has been the actual cost of the strike for both students and parents. Some schools have also gone on the rampage following incitement. We need some more time as we await the court ruling.

I direct that you do that on Wednesday, next week.

I understand that there is one more Statement from the Chairperson of the Committee on Health.

I heard some Senators ask about the costing of wasted time and who will compensate the students and the parents because the teachers’ payslips will be attached. Therefore, do you need some time to answer that because I did not hear you address it?

Mr. Temporary Speaker, Sir, these are some of the answers that I cannot give right away because I need more time so that I can find out from the Cabinet Secretary as to what has been the actual cost of the strike for both students and parents. Some schools have also gone on the rampage following incitement. We need some more time as we await the court ruling.

I direct that you do that on Wednesday, next week.

I understand that there is one more Statement from the Chairperson of the Committee on Health.

Mr. Temporary Speaker, Sir, a Statement was sought by Sen. (Prof.) Lesan from the Standing Committee on Health. The specific information sought was:

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Since the Statement is here, you will read it. I hope that it was also not a way to hide some information. I, therefore, direct that you read it.

Mr. Temporary Speaker, Sir, a Statement was sought by

The technicians need to work on these systems, please. Instead of raising our hands---

Proceed, Sen. M. Kajwang.

Mr. Temporary Speaker, Sir, I thank the Chairman of the Committee for bringing this report to the House. I would like to share a personal experience on this matter. I have young people from my county who received letters of admission to the KMTC through the KUCCPS and others who received letters through KMTC. The parents of these children were very excited. Everyone wants their children to undertake a course as noble as medical studies. The process of raising fees to take these children to school and mobilizing resources is lengthy and laborious. We, as Senators, and elected leaders, get involved and conduct harambees out of our own philanthropy to take some of these students to KMTC only for them to get there and to be told that because of legalese they cannot be admitted.

Mr. Temporary Speaker, Sir, we have just closed a debate on education matters in this country. Right now, the entire nation is watching. If you will interpret the position of the Government and the entire leadership on education matters, it tells you that Kenyans are on their own. How can 2,305 young and bright people be admitted only to be told that, there is a legal issue? It is just a few months ago that recruits to the police were treated to a similar incident.

Mr. Temporary Speaker, Sir, the oath of affirmation for Cabinet Secretaries and Principal Secretaries says very clearly and I quote:-

“I will be a true and faithful counselor to the President for the good management of the public affairs of the Republic of Kenya”

Does this mean that someone is not advising the President and the entire Cabinet on this matter? Who is this misadvising the President? What action is being taken against people who are misadvising the President? What action is being taken to ensure that we have got a full cabinet instead of a situation where the Cabinet Secretary who is supposed to be responsible for health is involved in other things such that he cannot have the full focus that the people of this nation deserve? What has happened to those Cabinet Secretaries who had been asked to step aside, have been investigated and are still sitting in the trash can yet this country is suffering? The Cabinet Secretaries who are there do not have the capacity to faithfully and properly advise the President.

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Mr. Temporary Speaker, Sir, I also wish to seek further clarification regarding this statement. In 2010, a new Constitution was promulgated in which every old law which includes the Kenya Medical Training College Act of 1990 was supposed to be repealed in line with the new Constitution. To that extent, the Ministry of Education and many other ministries at that time that had any college or institution of higher learning, created a team that went across the country in order to realign education both in the Ministry of Health and the Ministry of Education with the new Constitution. That team was led by Prof. Douglas Odhiambo. They came up with recommendations which led to the new Act of 2012.

Mr. Temporary Speaker, Sir, does it mean then that the Ministry of Health chickened out and decided to run their affairs as if they are in a different country? The Ministry has ignored the new Act which overrules the old one. In my county, so many students applied and were admitted through the KUCCPS into various colleges. We depend heavily on animals. So, a number of cows were sold to raise fees. To date, those students are at home. We are highly deficient and we require many health personnel, including nurses, medical officers and so on. This interference has killed dreams of many young Kenyans. The scenario is that, in the same Government, the left hand does not know what the right hand is doing. This confusion needs to be addressed properly. Somebody needed to have realised this. I thought there is somebody who is in charge of coordination of Government ministries. When the confusion arose, they should have arrested it quickly.

Going to court does not assist. The students are willing and waiting to go to college. They should be told when the next admission will take place between now and December so that the students who have been given admission letters by the genuine board, prepare to go to college.

Mr. Temporary Speaker, I take this opportunity to thank the Chairperson, Sen. Kittony, for addressing this serious matter. In this country, the education and health sectors are facing challenges. One of the major challenges in the health sector is that we have very few health workers and professionals in our system. The KMTC has done a very good job. I thank the current team running the KMTC because they have expanded training institutions across the country. In my county, we have two new KMTC that are supposed to admit students starting this September. We are shocked when we have a situation where you have two Government entities that are unable to read a simple clarification within the law. I cannot understand how the KUCCPS could imagine that they had the powers to admit students to the KMTC when the Act that established them did not give them that mandate.

Mr. Temporary Speaker, Sir, as I speak right now, it is unfortunate we have a challenge of 2,300 students whose names were published in the newspapers and appeared in the KUCCPS website as having been admitted to KMTC, but they do not have placement in the institution.

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Mr. Temporary Speaker, Sir, I sympathize with the fate of the students that were selected and have not been admitted. In view of what has led to the heated debate by Senators, it is a right that the Committee on Health should continue to pursue and get an answer from the Ministry. As a senior citizen and as a mother, I really sympathize with the students. It is fair that our Committee is given another chance to seek more clarification from the Ministry of Health and these institutions.

I beg your indulgence.

How long do you need?

Two weeks or one month.

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Mr. Temporary Speaker, Sir, most obliged.

How long do you need?

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I direct, one week.

Mr. Temporary Speaker, Sir, most obliged.

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I request the Senator to use the microphone at the Dispatch Box. Give the Senator the microphone. This is a very important Motion.

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Sen. M. Kajwang, you can also proceed to the Dispatch Box.

Please, technicians; put all the microphones off then we use the mobile one.

Mr. Temporary Speaker, Sir, I thank the Mover of the Motion; the indefatigable and ever fresh, Sen. Mama Zipporah Kittony who seems to have discovered the secret to long life and beauty which some for us have failled to discover.

I claim no expertise on transport matters; I am basically a Senator representing the fishermen and farmers of Homa Bay County. However, in seconding this Motion, am coming from a background where I went to school in Nairobi. I was born in the bushes and villages of Mbita in Homa Bay County, but at some point, I was lucky enough to come to Nairobi to study. I went to school in Jericho and Langata. In those days, the public transport system worked. The Kenya Bus Service (KBS) and the Nyayo Bus Service (NBS) which was operated by a National Youth Service (NYS) that was more transparent than today’s NYS, worked and was on schedule. The KBS that used to leave Otiende in Langata to the Jomo Kenyatta International Airport (JKIA) was always on time. If you needed to go to the airport to pick a flight, it was easy to jump onto a KBS and get to the airport on time. Today if you try that, you will definitely miss your flight.

As time went by, I completed my studies. I landed a job in Nairobi. I could only afford to stay in Eastlands like so many of my brothers who were hustling to make something in this economy. The KBS and the NBS had collapsed. We had to rely on matatus which were quite shambolic. It reached a time when we had to rely on trains managed and operated by Kenya Railways to avoid traffic. When you see Kenyans hanging on those trains as if they have no dignity, it is because they do not have any other means. It is because to sit in a matatu or in a bus in peak time traffic at 5.00 p.m. is a complete waste of resources and energy.

In fact, I look forward to the day when someone will draw a relationship between decongestion in Nairobi and marital problems in this city. By the time you are done with that traffic, you are so unpalatable that your spouse becomes your enemy rather than your recipient back at home. Therefore, many Kenyans have resorted to the train service.

I took the train and on some occasions, I sat on the roof or hung on the doors so that I could get home on time. The trains in Kenya, no matter how shabby and dilapidated

- THAT, AWARE that traffic congestion in Nairobi Metropolitan Region is increasingly becoming worse leading to increased costs, longer travel times, constrained economic productivity and adverse health and environmental externalities;

CONCERNED that the economic cost of the congestion is estimated to be Kshs1 billion annually on account of wasted man-hours and wasted fuel due to vehicular queuing;

APPRECIATING the government’s effort in mitigating the problem by expanding infrastructure and initiating other interventions such as installation of traffic lights in the Central Business District; The Senate now calls upon the Government to consider formulating additional policy interventions to mitigate the problem by:-

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Sen. M. Kajwang, you can also proceed to the Dispatch Box.

Please, technicians; put all the microphones off then we use the mobile one.

Mr. Temporary Speaker, Sir, I thank the Mover of the Motion; the indefatigable and ever fresh, Sen. Mama Zipporah Kittony who seems to have discovered the secret to long life and beauty which some for us have failled to discover.

I claim no expertise on transport matters; I am basically a Senator representing the fishermen and farmers of Homa Bay County. However, in seconding this Motion, am coming from a background where I went to school in Nairobi. I was born in the bushes and villages of Mbita in Homa Bay County, but at some point, I was lucky enough to come to Nairobi to study. I went to school in Jericho and Langata. In those days, the public transport system worked. The Kenya Bus Service (KBS) and the Nyayo Bus Service (NBS) which was operated by a National Youth Service (NYS) that was more transparent than today’s NYS, worked and was on schedule. The KBS that used to leave Otiende in Langata to the Jomo Kenyatta International Airport (JKIA) was always on time. If you needed to go to the airport to pick a flight, it was easy to jump onto a KBS and get to the airport on time. Today if you try that, you will definitely miss your flight.

As time went by, I completed my studies. I landed a job in Nairobi. I could only afford to stay in Eastlands like so many of my brothers who were hustling to make something in this economy. The KBS and the NBS had collapsed. We had to rely on matatus which were quite shambolic. It reached a time when we had to rely on trains managed and operated by Kenya Railways to avoid traffic. When you see Kenyans hanging on those trains as if they have no dignity, it is because they do not have any other means. It is because to sit in a matatu or in a bus in peak time traffic at 5.00 p.m. is a complete waste of resources and energy.

In fact, I look forward to the day when someone will draw a relationship between decongestion in Nairobi and marital problems in this city. By the time you are done with that traffic, you are so unpalatable that your spouse becomes your enemy rather than your recipient back at home. Therefore, many Kenyans have resorted to the train service.

I took the train and on some occasions, I sat on the roof or hung on the doors so that I could get home on time. The trains in Kenya, no matter how shabby and dilapidated

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Hon. Senator, you will have a balance of eight minutes when this Motion resumes, hopefully, next week.

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Mr. Temporary Speaker, Sir, I thank you for the opportunity to speak to this important Motion brought by Sen. Kittony. She has been a significant figure for over 40 years now. This is the person who was the leader of Maendeleo ya Wanawake, the movement that determined who would go to Parliament and who would be elected as a councilor. That is why the President of the Republic of Kenya at that time, made sure that all attention was given to the movement.

She can recall the first time she came to Nairobi, during her leadership in the 1970s and 1980s. If she flashes back, this is not the Nairobi that she knew. It is the wrong place. This is because the amount of development and economic activities that have been done by our people is unimaginable. You cannot describe it. If you want to know how Kenyans develop, look at the number plates of the cars on the road daily. If you look at the vehicles going to Tanzania and other countries, the number plate of Kenyans --- Remember we had to change the series of numbering in order to elongate it.

Mr. Temporary Speaker, Sir, when I was Permanent Secretary (PS) in the then Ministry of Industrialization, I once decided to camp in Mombasa to know how many vehicles – both second hand and new – are imported into Kenya. You will be surprised that it is a staggering 100,000 every year from Japan, the Middle East and a few from Europe. This excludes the ones that now emerge from Tanzania and Uganda. That tells you that our economy has grown to the level where everybody wants to own a car.

At one time, the former Grand Coalition Government, led by President Kibaki, sent a team led by the former Prime Minister, Hon. Raila Odinga, to go to Singapore and other countries for benchmarking. The purpose was to see how the road network had

September 17th, 2015 SENATE DEBATES

Hon. Senator, you will have a balance of eight minutes when this Motion resumes, hopefully, next week.