Thursday, 18th October, 2018

Sen. (Dr.) Mwaura, is not present.

Let us move on to the next Order. I see very many Papers to be laid. The Chairperson for the Committee on Labour and Social Welfare, Sen. Sakaja; proceed.

Mr. Deputy Speaker, Sir, I beg to lay the following report on the table of the Senate today Thursday, 18th October, 2018:

The Report of the Committee on Labour and Social Welfare on the Retirement Benefits

(Amendment)

Bill, 2018

(Senate Bills No.2 of 2018)

.

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Papers on the Table of the Senate today, Thursday, 18th October, 2018:

Report of EALA on Reports, Bills and Resolutions Adopted by the First Assembly at the First Meeting in their Second Session before the Assembly, Arusha, Tanzania.

Thank you, Sen. Dullo. Next Order. These are Statement pursuant to Standing Order No.48 (1) . Sen. Pareno, proceed.

Mr. Deputy Speaker, Sir, pursuant to Standing Order No.41 (1) , I rise to seek a Statement from the Committee on National Cohesion, Equal opportunity and Regional Integration on the funding of the East African Community by the partner States.

In the Statement, the Committee should-

The Committee has noted.

Thank you, Mr. Deputy Speaker, Sir. Pursuant to Standing Order No. 52 (1) , I hereby present to the Senate the business of the House for the week commencing Tuesday, 23rd October, 2018.

On Tuesday, 23rd October, 2018, the Senate Business Committee (SBC) will meet to schedule the business of the Senate for the week. Subject to further direction by the SBC, the Senate will on Tuesday, 23rd, October, 2018 consider Bills due for Second Reading and Committee of the Whole and also continue with the consideration of business that will not have been concluded in today’s Order Paper.

On Wednesday, 24th October, 2018, the Senate will consider business that will not be concluded on Tuesday and any other business scheduled by the SBC.

Hon. Senators, the following Bills are due for the Second Reading stage-

Thank you, Sen. Dullo.

Thank you very much Mr. Deputy Speaker, Sir. I request to make both Statements in quick succession.

Resume your seat, Sen. Sakaja.

Chairperson, Committee on Lands, Environment and Natural Resources, are you able to get that Statement to Sen. Sakaja in a week?

Thank you, Mr. Deputy Speaker, Sir. In consideration of this weighty matter, which also touches on the lives of Nairobi residents, and owing to the fact that we have to consult other institutions and organizations that deal with water, I would like to request the Senator for Nairobi City County to give us two weeks to enable us tackle the issue.

Hon. Sakaja, please be on record.

To weeks is good, Mr. Deputy Speaker, Sir.

It is so ordered. Next Statement, Sen. Sakaja.

Thank you Mr. Deputy Speaker, Sir. I also want to seek a Statement from the same Committee on demolitions in Nairobi City County.

Over the last few months, we have witnessed the implementation of an initiative by the Nairobi regeneration team on reclaiming public land, road reserves and riparian land. The results yielded have seen several high-valued properties and buildings such as Air-Gate Mall, Nakumatt Ukay, Southern End Mall, among many others, demolished. This is an effort that we will support and agree that the rule of law in the construction of buildings must be followed and conservation of our environment must take priority.

However, we need a more pragmatic approach in dealing with this issue even as we continue supporting the initiative. Among the 4,000 buildings so far earmarked for demolition in Nairobi, there are innocent Nairobi residents who have purchased apartments and they did their due diligence at the time of purchasing to confirm that the buildings and properties had all the necessary approvals as required by the various Government agencies.

As a Government, you cannot come later and punish these innocent buyers, who are mostly second and third owners, taking them through undue emotional pressure, torture and financial loss. It is absolutely irresponsible for Government agencies to give approvals and even Government officials to participate in ground breaking ceremonies of some of these real estate projects, only to later deny or revoke the approvals leading to loss of millions of shillings in investments and simply blame it on corrupt officials.

These are issues that cannot be handled in such a simplistic manner, Mr. Deputy Speaker. Therefore, I request that the Chairperson, in his response, should tell us-

Chair, Lands, Environment and Natural Resources---

Order, Sen. Sakaja. If you wanted to help yourself, you would not have presented the Statement here. If you want to be helped, it should be through the Chair.

Sen. Prengei, one week?

Thank you, Mr. Deputy Speaker, Sir. The Statement seeks a lot of issues touching on the riparian land and housing. We also consider the fact that it is an urgent matter that needs to be addressed. I do not think that one week will be enough for the Committee.

How much time should we give you?

Mr. Deputy Speaker, Sir, you should give us three weeks for that.

Mr. Deputy Speaker, Sir, three weeks is too long. There are people who do not know if they will have shelter tomorrow. Can they kindly expedite and even do a stop-gap measure as they look for the holistic response in three weeks but they can tell us what they have done between now and next Thursday.

Mr. Deputy Speaker, Sir, considering the urgency of the matter, I will consult with the Committee and see if we can accompany the Senator to the areas that he has talked about probably next week---

And bring an interim report in one week. The final report should be brought in three weeks. So ordered.

Sen. Sakaja, while you are at it, as the Chairperson of the Committee on National Cohesion, Equal Opportunity and Regional Integration, can you tell Sen. Pareno when her Statement will be ready?

Mr. Deputy Speaker, Sir, I was the Chairperson of the Joint Committee on National Cohesion and Equal Opportunity in the last Parliament. I am now the Chairperson of the Committee on National Security, Defence and Foreign Relations.

Could we hear from the Chairperson of the Committee on National Cohesion, Equal Opportunity and Regional Integration?

Thank you, Mr. Deputy Speaker, Sir. On behalf of my Chairperson, who is not here, we want to assure the Senator, who is also a Member of the Committee, that this report will be ready in two weeks.

Is that okay Sen. Pareno?

That is okay, Mr. Deputy Speaker, Sir. I was going to rise on a point of order to say that you did not give a time frame for the Statement.

Can the Speaker be out of order? Thank goodness you did not rise like that.

Order Senators, that is the end of Statements.

The Mover of Order No. 12 is not here. Is there anybody who was given instructions by the Mover to do what the Mover is supposed to do on Order No. 12?

Thank you, Mr. Deputy Speaker, Sir. I rise to move a Motion on Payment of a one-off Honorarium---

Order. We are not there yet. The reference was actually on Order No. 11 and not Order No. 12.

Has Sen. Kang'ata delegated anybody? Nobody.

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

What is it Sen. Sakaja?

Mr. Deputy Speaker, Sir, I think that this is getting out of hand and I hope that through your discretion we can give guidance. Very many Members who have matters on the Order Paper are not showing up and the Whips are not able to get us numbers. We cannot continue like this because we have Senators who show up to do the work that they were elected to do yet others are keeping us perpetually going round the same issues, week in, week out.

I kindly ask for direction and guidance from your Chair. We should actually get a clear reprimand to these specific Members who have had matters on the Order Paper as from last week but are not showing up in the House. It is not fair for those who show up to do Business.

Thank you, Sen. Sakaja.

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

What is it Sen. Wambua?

Thank you, Mr. Deputy Speaker, Sir. I rise in support of the sentiments by Sen. Sakaja. You will recall that sometime back, the same trend led to the suspension of Statements because there were so many Statements on the Order Paper and people including the Chairpersons of different Committees were not showing up to respond to those Statements. I do hope that this time round, the direction from the Chair will be precise on how we are going to deal with matters like this.

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

What is it Sen. Outa?

Thank you, Mr. Deputy Speaker, Sir. I know that Sen. Kang’ata would have loved to be here this afternoon but I think that the House is aware that he got married last month and he should be extending---

Order, Senator.

need to be whipped. What makes matters worse is a Senator not appearing in a matter where they are the personal owners and sponsors of the business. Therefore, from Tuesday, if you are not here and have not explained to the Speaker your whereabouts and therefore, warned the House that you will not be available, the Motion or Bill will be subjected to Standing Order No. 59(3).

Very well.

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

What is it, Sen. Mutula Kilonzo Jnr.?

Mr. Deputy Speaker, Sir, I also request that if you may, we put that caveat of the Standing Order No. 59 (3) in the Order Paper itself so that it reads at the bottom that ‘if any person does not prosecute their business, it will be subjected to that Standing Order so that they are on notice. Rightly so, we have not been able to carry practical whips. Therefore, we have not been able to get people into the House although we have informed them to prosecute their business including the Divisions that we have postponed twice.

Thank you, Mr. Deputy Speaker, Sir.

Very well. Hon. Senators, let us now move to the next order which is Order No.12.

Order, Sen. Malalah! The order has not been called out.

Sen. Malalah, are you moving on behalf of Sen. Mwaura?

Mr. Deputy Speaker, Sir, it is not Sen. Mwaura; it is Sen. Kinyua.

Has the procedure been followed? Order Sen. Malalah. Resume your seat.

Order Senators. There are so many Senators on their feet. Sen. Malalah, I want to draw your attention to Standing Order No. 59 (2) . It states that-

“Save for a Special Motion-which this is not- a Senator who has a Motion in his or her name may authorize, in writing, another Senator to-

Mr. Deputy Speaker, Sir, I am alive to the fact that Standing Order No. 59 (2) applies in this case. However, I request you to---

How does it apply?

Mr. Deputy Speaker, Sir, we need a written consent.

Are you saying that the Standing Order does not apply to this Motion?

Mr. Deputy Speaker, Sir, it applies.

Okay. Very well.

Mr. Deputy Speaker, Sir, since this a weighty matter that affects our leaders---

Yes, it is very weighty but have you been authorized?

Mr. Deputy Speaker, Sir, I would like to request the Chair to give us one hour so that we can get the proper documentation on that.

Sen. Malalah, you can make it shorter than one hour.

This is another culprit. Sen. Kasanga is not in the House. However, this Motion had been moved and seconded. Therefore, debate continues. The last time this matter was debated, Sen. (Dr.) Musuruve had 13 more minutes. The Standing Orders provide that if the Senator who has the first opportunity to complete a contribution is not present at the time when the agenda of the business is called, he or she loses the opportunity to exhaust the remainder of their time. Therefore, this Motion is now open for debate generally to those who had not contributed.

Senate Majority Leader.

Order, Senate Majority Leader! You are trying to establish how much time you have.

Yes, Mr. Deputy Speaker, Sir.

You have a maximum of 20 minutes.

Thank you, Mr. Deputy Speaker, Sir. I totally and fully support this Motion, which is very important. In fact, regulation of the motorcycle sector that we popularly call in Kenya the boda boda sector is an area that requires urgent and serious interrogation.

The use of boda boda as a means of transport is popular in this country. It is a good thing because it has opened opportunity for a means of transport that is accessible to villages. It is also fast and applied in the cities to beat traffic jams. This means of transport is also affordable, fast and has become a means of earning a living for so many young people in this great Republic.

Mr. Deputy Speaker, Sir, having said that, it is one sector that is improperly regulated, full of chaos and the cause of the worst traffic accidents in this great Republic. In fact, I do not know of any public hospital of Level Five and above that does not have a designate ward that is called ‘Boda Boda Ward.’ This is because so many boda boda riders suffer the worst accidents that we can ever imagine.

These boda bodas are causing the worst accidents in the country because they are accessible to the rural areas. When we usually talk about accidents we refer to highways, roads and so forth. We now find accidents in very small villages. You would find someone who has broken an arm, a leg or has head injuries somewhere in the village. Even transporting them to hospital is a problem because it can only be through boda boda. However, because of the nature of the accident and injuries they have sustained, it becomes difficult to get them from the village to towns.

Mr. Deputy Speaker, Sir, why am I saying that this has become a catastrophe? It is because first of all, the riders are not trained in anything. Somebody buys a motorcycle one morning--- I used to think that it is the young people who own the motorcycles, but I have realised that, that is not the case. They are just working for rich people. They are in

what they call a ‘squad’. You will find that a teacher, a police officer, a trader or a business person buys a motorcycle and takes a young person for training somewhere in a maize field or wheat farm. The following day that person will be on the road carrying passengers - other human beings. The accidents that we have witnessed related to motorcycles are most times fatal and costly.

For those of us who come from the North Rift, whenever we go to hospitals around Eldoret such as the Moi Teaching and Referral Hospital (MTRH) and other private hospitals, we get so many people being treated for serious head injuries as a result of those accidents. Somebody just gets to the road with no driving license, experience, knowledge or helmet and starts carrying passengers.

Mr. Deputy Speaker, Sir, we were having a conversation with Sen. Wamatangi the other day, and I think it was part of his contribution on the Floor. You would get a boda boda rider carrying a man with five children and he is on a highway. It is terrible. I believe that no one in this House has never seen a dangerous scene of a boda boda rider carrying human beings like luggage.

As I said the other day in relation to the accident in Kericho, who would really trust his children--- Sometimes you would see a mother and three or four children sitting on a boda boda and the rider is drunk and riding fast. That is ferrying a whole family. These are some of the problems that we need to think about when we say that we want to regulate the whole sector. This is because boda bodas are not only accessible to many people, but are also putting more Kenyans and citizens of this Republic at risk. The medical costs related to accidents that come from motorcycle riders in this country are very high. I am sure that you and other leaders who are here have been called to so many harambees to try to fundraise to get medical treatment for persons who have been involved in accidents.

Mr. Deputy Speaker, Sir, the other thing is the insurance. Most of these motorcycles are supposed to carry one passenger to start with. They do not even have a specific license. Somebody buys a motorcycle pretending to be for his own use, yet he knows that he is buying a public service transport motorcycle. There is no licensing or registration place for public service transport motorcycles. Therefore, those motorcycles do not have any licenses or insurance cover. People are just riding those motorcycles around.

Again, most of the riders are drunkards. They drink chang’aa in the village and rush to pick somebody somewhere. Those people do not even know what it means to keep left or a corner. You will find a motorcycle rider turning at a corner at a speed of 100 kilometres per hour. They do not even know how to slow at corners. Even when bumps are erected they jump over them at high speed.

Mr. Deputy Speaker, Sir, have you realised that the way passengers, especially women, are carried on boda bodas is very most humiliating? You will see somebody’s wife holding another man very tightly.

It is so humiliating and extremely embarrassing, and the rider just says: “Hold tighter”. If this nation can ever debate and discuss about sexual harassment, a lot of it is happening through the boda boda means of transport. It is embarrassing both in terms of how one sits with another man. In the case of two or three passengers, you will see a woman sitting in between two men; all holding each other tightly.

(The Deputy Speaker (Sen. (Prof.) Kindiki consulted with Sen. Mutula Kilonzo Jnr.) Mr. Deputy Speaker, Sir, I hope you heard what I said. It is the most embarrassing means of transport.

What did you say, Senate Majority Leader?

Mr. Deputy Speaker, Sir, I just want to repeat for your knowledge and information.

Senate Majority Leader, what did you say?

Mr. Deputy Speaker, Sir, I will repeat for your sake. One of the most embarrassing moments I have ever seen – I do not know how it escapes the definition of sexual harassment – is seeing a huge boda boda rider seated in front, somebody’s wife in between and another huge guy behind and all of them are holding tight, maybe trying to protect themselves from an accident or falling. It is extremely embarrassing.

Is it embarrassing because the two guys are huge?

An hon. Senator: Who is complaining?

On a point of order, Mr. Deputy Speaker, Sir. Beyond the question I am hearing on who is complaining, does the Senate Majority Leader have something against huge guys? Would it be better if the guys were small? I know I am not as huge as I was, but I can still speak on behalf of them, together with Sen. Malalah.

Actually, Sen. Sakaja’s concern is linked to what the Chair asked. Where is the problem? Is it because the guys are huge?

Mr. Deputy Speaker, Sir, I want to dare any male Senator here who thinks that there is no problem to volunteer their wife to be sandwiched in between two men on a motorcycle holding tightly. It is better when they are small but it is even worse when they are huge because---

Order Senator! You may proceed.

The question is, how huge is huge? Sometimes you think somebody is huge but relatively, because of the environment--- A huge person in North Eastern might be your size. In Kakamega---

Give another example, Sen.

On a point of order, Mr. Deputy Speaker, Sir. Why is he bringing in North Eastern?

Sen. Murkomen, you are treading on sensitive ground.

Mr. Deputy Speaker, Sir, people of North Eastern and generally pastoralists are the fittest people you can ever get. They take care of themselves, exercise a lot and eat well. You will never get obese people from places like North Eastern, West Pokot, Narok and most parts of Elgeyo-Marakwet. You have gone to Elgeyo-Marakwet. Those hills cannot permit you to be the size of Sen. Malalah.

You are creating more trouble.

On a point of order, Mr. Deputy Speaker, Sir. I think the Senate Majority Leader is out of order to quote me on matters hugeness. What kind of hugeness and which part of the body is he referring to?

It is in bad light to refer to me as huge because I believe I am a sizeable human being and this is how Luhyas are. I know that where Sen. Murkomen comes from, he is the hugest. Therefore, he is feeling inferior to me. Next time, he should not refer to a Luhya man as huge. This is our physical attribute and we are proud of it. He should not demean the hugeness of a Luhya man on a boda boda.

Senate Majority Leader, before you respond, you could have said the same things differently. You started attracting trouble when you started giving names. You started by exemplifying with the Chair and the Chair advised you to keep off. You went to North Eastern and attracted the ire of Sen. (Dr.) Ali and now you are in Western Kenya. At this rate, by the time you finish with the country, you would have gotten into a lot of trouble. Rephrase.

Mr. Deputy Speaker, Sir, I am not saying because of the areas they come from, Sen. Malalah has an expansive body size. That is all I said. Let us not lose the point. The point I was trying to make is that I have a problem with the dignity of both men and women that is exhibited---

In the Marakwet culture, you cannot sit on a boda boda the way people do with their mothers-in-law or a lady with her father-in-law because it is undignified. Maybe it is because of survival that you find people sitting in undignified manner.

There is empirical evidence that young girls are sexually assaulted therefore increasing cases of pregnancies. I cannot explain exactly what happens between the riding and ultimate molestation of our young girls.

All over the country, young girls, especially during school holidays, fall prey to many boda boda riders and I do not know why. Is it because they have wealth in the locality or because the means of transport is exciting?

This is a sector that we must--- In fact, we need to get the statistics. I wish I had gotten statistics from the National Transport and Safety Authority (NTSA) regarding the road accidents caused by them. Some of them are not road accidents because motorcycles are ridden along a path in the village. With that statistics, we must create a special section of the NTSA in terms of monitoring, licensing and oversighting all boda boda businesses. When I say this, it is not because we are disrespectful to boda boda people but the reality speaks for itself.

In fact, in my county, I have created a Savings and Credit Co-operative (SACCO) for them. I support them financially and call friends for fundraisers to improve the SACCOs but discipline must be enhanced in the sector. We must ensure that we have discipline in the sector and we must protect members of the public. When we talk about members of the public, it includes motorcycle riders because as I told you, most of them do not own the motorcycles. They are only rented to perform the task of carrying passengers without any licenses or regulations.

I have a suggestion that I mentioned during the previous discussion on traffic problems that we have in this country. We need to change the manner in which insurance is given. For our case, when you get insurance for your car, it is for your car. In most countries abroad, insurance is given to the individual driver.

If you go with a particular car, you are asked who will be driving the car. That person is given the insurance based on their experience. For example, in Italy, if it is your first time, you pay the highest premium. If you have driven for 15 years without incidences, you pay the least. For a particular car, you could pay, for example, an equivalent of Kshs200,000 if it is your first time. If you have been driving for 15 years without incidences, you can even pay an equivalent of Kshs20,000 for the same car. The difference is as a result of the experience that one has.

If we adopt the same, then every individual will take care of the vehicle or motorcycle they are given because they will be linked to their insurance. When someone knows that the cost will be double in future if they want another insurance cover having been arrested even once, then they will be more careful. These are some of the regulations that must be put in place to protect this sector.

Conclude.

As I conclude, Mr. Deputy Speaker, Sir, this Motion is timely. I hope that the Committees for Energy and for Roads and Transportation will take it up from here and sit with the stakeholders in the sector to ensure that a proper legal – not just regulatory – framework for regulating this sector is put in place.

With those few remarks, Mr. Deputy Speaker, Sir, I beg to support.

Thank you, Leader of Majority. You have tried not to stand in the temptation to get into trouble so much---

Order, Senators! Proceed, Sen. Wambua.

Thank you, Mr. Deputy Speaker, Sir. I stand to support this Motion by Sen. Kasanga. When all other sectors of our economy are probably struggling to remain afloat, this is perhaps one sector that is growing. It is perhaps one of the fastest growing sectors of our economy.

Mr. Deputy Speaker, Sir, looking at the boda boda industry, it would be easy to conclude that as the Government pursues the Big Four Agenda, especially in manufacturing, this is an opportunity where manufactures can invest and do pretty well because of the demand for motor cycles in this country. Having said that, there will be

need for proper training of the boda boda riders as well as proper procedures for licensing and issuance of insurance covers. This is because a young man would acquire a motorcycle today and they are already in business in the evening, transporting people and goods.

It will also be important to specify in these regulations if a motorcycle has been acquired as a means of public transport or not. What and how much of it is the motorcycle licensed to carry? Apart from ferrying passengers, it is not uncommon to come across motorcycles – the so called boda bodas – transporting all manner of things, including goats, cows and even sofa sets. Therefore, there is need for proper regulation as to what these motorcycles are supposed to carry.

Mr. Deputy Speaker, Sir, I do not want to say that because of the absolute lack of regulation in this sector, corrupt police officers manning road blocks or managing traffic on our roads are also having a field day, extorting bribes from boda boda riders, because they are not licensed to operate. It will, therefore, be important for the National Transport and Safety Authority (NTSA) to look into the whole issue of proper licensing so that we can also tame the appetite for extortion of bribes by corrupt police officers. In the same light, just as we have established Savings and Credit Cooperative Societies (SACCOs) for matatus, the same should also apply for boda bodas for ease of identification and management.

Mr. Deputy Speaker, Sir, I have listened to what the Majority Leader has said, about the dignity of passengers, especially ladies using boda bodas. We have also witnessed situations where ladies, in pursuit of their own dignity while travelling on boda bodas, are forced to sit sideways; which is a very dangerous position to take on a moving object.

Therefore, Mr. Deputy Speaker, Sir, I support this Motion by Sen. Kasanga, which is long overdue. I wish that the NTSA could move fast to come up with proper regulation of this sector in our transport sector.

Thank you, Mr. Deputy Speaker, Sir.

Thank you, Mr. Deputy Speaker, Sir. I also rise to support this Motion by Sen. Kasanga. It is, indeed, a timely one. Motorcycle business is a very important business in Kenya, particularly with regards to transportation. Many rural areas do not have good roads and these motorcycles can normally go deep into the areas that cars cannot access. You will realize that even during the rainy season, motorcycles come in handy to ferry passengers. In addition to ferrying passengers, they even ferry goods to the market.

However, the challenge has been the lack of clear regulation to ensure that this business is conducted in a better way. Why is this so? It is because it is one of the businesses that has contributed a lot to our economy. The number of passengers who use these motorcycles is very huge. Consequently, many accidents are caused by these motorcycle operators, and the number is going up every day. Because of the many accidents that occur, it has also created a social problem in our hospitals. Many of our hospitals have now been forced to create a section where motorcycle-related accident patients are treated.

I recently went to Kisii and visited the Kisii Hospital, where one large room has been set aside for motorcycle-related accident victims. This means that it has already taken away rooms from the hospitals which would have otherwise been used to treat other patients. Additionally, it even requires more health staff to treat those patients.

Thank you, Sen. (Dr.) Milgo. Proceed, Sen. Faki.

Asante, Bi. Spika wa Muda kwa kunipa fursa hii ili kuchangia Mswada huu wa kuimarisha sheria zinazoangalia maswala ya bodaboda.

Bi. Spika wa Muda, ijapokuwa bodaboda zimeweza kurahisisha usafiri katika maeneo mengi nchini, kuna athari nyingi ambazo zimechibuka kutokana na biashara hii. Kwa mfano, wengi wanaoendesha bodaboda, hawana vibali rasmi vya Serikali vya kuwaruhusu kufnaya hivyo. Wengi wanaendesha bodaboda, bila ya kupata mafunzo yoyote ya uendeshaji wa boda boda hapa nchini. Vilevile, wengi wanaendesha bodaboda bila ya kuvaa vikinga kama vile kofia na reflector ambayo inaonyesha kwamba wao ni waendeshaji wa bodaboda.

Bi. Spika wa Muda, katika hospitali nyingi, kumetengwa wodi maalum za kutibu wahasiriwa na majeruhi wa boda boda. Wengi wa wahasiriwa hao wamevunjika mikono, miguu na vichwa kubondeka. Ajali za bodaboda huarithiri sana uchumi wa nchi yetu.

Mbali na hayo, waendeshaji boda boda pia huchukua sheria mikononi mwao. Wiki mbili zilizopita, walimuua kijana wa Chuo Kikuu cha Nairobi, katika eneo la Bamburi kule Mombasa. Kijana huyo alikuwa amekwenda na boda boda yake katika sehemu hiyo, lakini kwa bahati mbaya, akajaribu kuendesha bodaboda ambayo ilikuwa imeegezwa karibu na yake. Katika hali hiyo ya kuchanganyikiwa, waendeshaji boda boda wengine walidhani alikuwa mwizi, basi wakampiga na kumuua. Kijana huyo angehitimu masomo yake katika chuo hicho mwezi wa Disemba mwaka huu.

Bi. Spika wa Muda, ukipatikana na waendeshaji wa boda boda mahali popopote kulingana nao umekosea hata kama wao ndio wenye makosa. Wao huchukua sheria mikononi mwao na wanaweza kufanya lolote, hasa barabarani. Wanaweza kuyahatarisha maisha yako na hata kukuua kutokana na tabia zao mbaya. Wao hawapendi kufuata sheria za barabarani.

Bi. Spika wa Muda, waendeshaji boda boda wamekuwa tishio kubwa kwa wasichana wetu wa shule. Sehemu nyingi za mashambani na mjini ambapo wasichana wanapata shida ya usafiri kwenda shule au kutoka sehemu moja hadi nyingine, wanapata shida nyingi kutoka kwao. Wakati mwingine waendeshaji hawa huwapa wasichana wetu lifti na wakitoka hapo, inakuwa ni matatizo kwa wao na familia yao.

Kwa mfano, wengi wa wasichana hupata maradhi ya yanayotokana na ngono za lazima kama vile ukimwi. Baadhi ya waendeshaji boda boda wameziletea jamii zetu majonzi na shida nyingi kutokana na tabia zao mbaya.

Bi. Spika wa Muda, boda boda zimechangia pakubwa visa vya utovu wa nidhamu kwa wanafunzi wengi. Wanafunzi wengi wakipewa boda boda wakiwa wanaeza kuendesha, tayari wanaacha masomo yao ya shule na wanafuata biashara ya boda boda, wakati hana chochote cha kuweza kumsongeza mbele. Ni wakati muafaka sasa kuhakiksha kwamba, National Transport and Safety Authority (NTSA), wametoa sheria mwafaka, za kuhakikisha kwamba boda boda zinafuata sheria.

Bi. Spika wa Muda, juzi tulikuwa nchini Rwanda ambapo waendeshaji boda boda hufuata sheria maalum. Utapata kila mwendeshaji wa boda boda na abiria wake wanavaa kofia na reflector migongoni kulingana na sheria. Kwa hivyo, ni wakati mwafaka kuhakikisha kwamba biashara ya boda boda imedhibitiwa hapa nchini. Ni lazima tuwe na sheria kali za kuhakikisha waendeshaji bodaboda na abiria wao wanasafirishwa kwa njia ya heshima na usalama.

Thank you Sen. Faki. Proceed, Sen. Shiyonga.

Sen. Shiyonga: Thank you very much, Madam Temporary Speaker, for giving me this opportunity to contribute on this Motion.

Madam Temporary Speaker, many of our boda boda riders are not disciplined. It is high time we reinforced discipline in this sector. The National Transport and Safety Authority (NTSA) and SACCOS have failed to enforce these important regulations.

It is sad that smugglers, thieves and murderers are using boda bodas to do their business. That is why some of them are indisciplined; because they are being supported by these crooks. As much as we appreciate them because they have made our transport manageable, we expect them to behave in a certain civilized manner.

Madam Temporary Speaker, many hospitals in this country have established wards for boda boda accident victims. As I said, it is high time we enforced discipline on our roads. We cannot allow them to continue disregarding other road users with impunity. Most of them do not have licenses, insurance, helmets and so on.

The rich in the society are taking advantage of our youths. They buy them motorbikes and expect them to do business for them. They have even set targets of money they expect from them daily. That is why they ride those bikes with a lot of impunity because they want to make their ends meet and have something to take to the owners of the motorbikes. It is a high time the enforcement officers in this circle or the National Transport and Safety Authority (NTSA) work around the clock in its framework for the boda boda riders to get quality training, license, Public Service Vehicle (PSV) licence and insurance for lives to be saved.

Most families in our rural villages or even in urban areas opt to have the boda boda riders take their children to school because it is fast and cheap. However, the problem that comes with it and the consequences are immense, especially when someone entrusts a boda boda rider with his life and that of his three children. When an accident occurs, you are assured of a family being wiped out.

Yesterday, we had a burial service in our county for the many people that we lost in the bus accident at Fort Ternan, Kericho; and it was a very solemn mass. If we entrust the boda boda riders with our families, especially school going children, without proper training and quality services that I have said, then it is going to be cumbersome. It will lead to unnecessary accidents that we do not wish to have.

A legal framework is very important. I will appreciate if the NTSA can put in place strict measures that are of quality. They should have check-ups and evaluation of this for us to save lives by preventing accidents and unnecessary acts that come with these boda boda riders.

I support the Motion.

Thank you Senator. Could we hear from Sen. (Dr.) Ali?

Thank you, Madam Temporary Speaker. I will be very brief because of a lot of pressure from some Senators in here. I wish to support this Motion by Sen. Kasanga.

This is a very important Motion and I know that everybody has stressed that boda bodas, all over the country, are very important but also dangerous. Where I come from, they travel for over 40 to 50 miles a day. They go and look after their animals, they want

Thank you, Madam Temporary Speaker. I will be very brief because of a lot of pressure from some Senators in here. I wish to support this Motion by Sen. Kasanga.

This is a very important Motion and I know that everybody has stressed that boda bodas, all over the country, are very important but also dangerous. Where I come from, they travel for over 40 to 50 miles a day. They go and look after their animals, they want

Thank you Senator.

Thank you, Madam Temporary Speaker. I will be very brief. I totally support this Motion though I would have preferred if the Motion was addressed to a Committee of the Senate to look into this issue and report within 90 days. I doubt that the ministry will be able to look into this issue comprehensively as this Motion requires and report to us within 90 days. We should trust ourselves; therefore, our Committee would have done a better job and it would have even drafted regulations to regulate the operation of motorcycles.

Let us not underestimate the boda boda people. I have closely associated with them and I know that most of them are doing that as a temporal measure to get money before they join the university. Therefore, they not only contribute to our economy but they also to deal with one of the major problems facing this country, which is acute unemployment. It then becomes important that the Government gives them the attention that they require.

The Government should train them and also arrange for the insurance. The Government has been good at arranging insurance for other people and they should be able to arrange insurance for the boda boda people. Many Senators know that many of the harambes that we have at home are for people who have either died or have been injured as a result of accidents involving boda boda. Some of those accidents do not occur on the main roads, they occur on the rural roads. Therefore, a creation of a fund to assist such people will be needed.

I know that Members want to debate another Motion. I had a lot to say on this but I will stop there. I had promised to only take one minute and I am glad that they allowed me to speak for one minute for us to go to another Business of the House.

Thank you Senator.

Thank you, Madam Temporary Speaker, for giving me this opportunity to also support this particular Motion.

Boda boda business has supported our youths in various ways, particularly, by giving them self-employment. This means of transport is also the quickest in the rural areas. Despite the advantages, we need to come up with a policy framework that will regulate this business for it to be orderly. This business has become one of the most critical areas and it will continue to be so if we do not regulate it.

There are other Motions that are coming up and we would also like to support them. I support this Motion.

Thank you. I see that there are no further requests. I will have the Mover to reply.

Thank you. I see that there are no further requests. I will have the Mover to reply.

Thank you, Senator. Hon. Senators, I would like to draw your attention to Standing Order No.79 on voting on a matter other than a Bill. I would like to confirm that this Motion does not affect counties and for that reason, everyone will vote by acclamation.

Hon. Senators, there were two orders that were stood down for a short time; Orders No.11 and 12. Let us go back to them.

Hon. Senators, there were two orders that were stood down for a short time; Orders No.11 and 12. Let us go back to them.

What is your intervention, Sen. Malalah?

Thank you, Madam Temporary Speaker. This is an important Bill, and I am surprised that the Mover---

What was out of order?

The issue of withdrawing the Bill---

No, no. We have not finished---

We need to interrogate it because the issue---

Sen. Malalah, you are out of order! You stood on a point of order. When you stand on a point of order, you need to tell us what is not in order because the withdrawal process has not even been completed. I wish you waited for the withdrawal to be formalized.

Madam Temporary Speaker, the intent of withdrawing is what is disturbing me.

Sen. Malalah, are you under the belief that your intervention will change his mind?

Madam Temporary Speaker, yes, because---

Madam Temporary Speaker, yes, because---

I want to get clear information---

If you are getting information that is different, please, provide him information to convince him not to withdraw the Bill. However, procedurally, unless you want to give him information that is going to help him, in which case he has to decide whether he wants your information or not.

If you are getting information that is different, please, provide him information to convince him not to withdraw the Bill. However, procedurally, unless you want to give him information that is going to help him, in which case he has to decide whether he wants your information or not.

You have made your point. If your question is why it is being withdrawn he will take note of that and he will come back and answer that, anything else?

Is it being withdrawn or not? We would want to know that before we move on.

Sen. Malalah, you stopped him before he withdrew because we thought there was something out of order before the formal withdrawal is done.

I see some intervention from Sen. (Eng.) Mahamud.

Madam Temporary Speaker, we agree with the sponsor of the Bill. This Bill was referred to this Committee and was subjected to a lot of public participation from the counties, Council of Governors (CoG) , Controller of Budget, the CRA, the National Treasury and everybody else. Thereafter, we went through the Bill and then invited the whole Senate for a breakfast meeting where some Senators were present. This is a good Bill but requires a lot of intervention and changes. We looked at it in the Committee and agreed with its sponsor.

I would like the sponsor and Sen. Malalah to listen to me.

Senators. We do not have a standing area in this House. Could you resume your seats?

Madam Temporary Speaker, after subjecting this Bill to a lot of discussion from the Senate, stakeholders and with its sponsor, it was agreed that it cannot proceed in its form. Therefore, we subjected it to a lot of scrutiny and have agreed with the sponsor that the Bill should provide a national framework for ward based equitable projects. The amendments that this Committee looked at were very substantive

Madam Temporary Speaker, after subjecting this Bill to a lot of discussion from the Senate, stakeholders and with its sponsor, it was agreed that it cannot proceed in its form. Therefore, we subjected it to a lot of scrutiny and have agreed with the sponsor that the Bill should provide a national framework for ward based equitable projects. The amendments that this Committee looked at were very substantive

I hope that rests the case for Sen. Malalah?

Thank you, Madam Temporary Speaker. It does not convince me. If the changes are too many to change the gist of the Bill, they should come up with another Bill. However, this Bill addresses the issue of devolving funds from the county to ward level. What the Chairperson is trying to insinuate is that we will look at a Fund that will distribute national resources down to the wards. We should give this Bill a chance to go to the Second Reading and we do the amendments during the Committee of the Whole. However, withdrawing it will be doing injustice to the Members of County Assembly (MCAs) down there.

Proceed, Mover of the Bill.

Madam Temporary Speaker, what we can do so that we move forward, is to ask either the Chairperson or the staff to tell us the timeliness. Therefore, if we withdraw the Bill, we know within what timeliness we should have that publication. That way, everyone will be satisfied.

That is fair. Chairperson of the Committee, what timelines are you looking at?

Sen. (Eng.) Mahamud: Madam Temporary Speaker, we are already in the amendment form. Once the green light is given, we can publish it from next week.

Let us give you two weeks so that we are safe. Are we okay with that?

Yes, Madam Temporary Speaker.

Madam Temporary Speaker, we are already in the amendment form. Once the green light is given, we can publish it from next week.

Let us give you two weeks so that we are safe. Are we okay with that?

Yes, Madam Temporary Speaker.

Thank you. Therefore, can we have the Mover make his final statement?

Just a moment, Madam Temporary Speaker.

Madam Temporary Speaker, I understand. However, we have been part of this Bill and we have not been consulted. That is why I am aggrieved. I wish we were consulted.

Sen. Malalah, you are now over- stepping your mandate because you are a Member of the Senate Business Committee (SBC) . When the Bill went to the SBC, unless you were absent, it was discussed and the procedure that the Mover is following is a recommendation that he has also accepted. It is true it came before the SBC and you are our representative there.

Proceed, Mover.

Thank you, Madam Temporary Speaker. On the understanding that the Bill will be published within two weeks from today and that the Chair has already expressed himself on the HANSARD giving that pledge and you have also made a ruling that the publication should take place within two weeks from today, I hereby withdraw the Bill on those conditions.

was withdrawn)

They cannot be working on a document that is-- The Bill is already in a stage that is ready for publication.

Madam Temporary Speaker, I understand. However, we have been part of this Bill and we have not been consulted. That is why I am aggrieved. I wish we were consulted.

Madam Temporary Speaker, I beg to move the following Motion- THAT AWARE the that National Forum of Former Councillors petitioned the Senate regarding the need for legislative interventions to address the plight and welfare of former Councillors; FURTHER AWARE that the Senate Standing Committee on Labour and Social Welfare considered the Petition and tabled its report on Tuesday, 16th February, 2016; ACKNOWLEDGING that the Committee’s report on the Petition made five recommendations among them that-

Thank you, Madam Temporary Speaker. On the understanding that the Bill will be published within two weeks from today and that the Chair has already expressed himself on the HANSARD giving that pledge and you have also made a ruling that the publication should take place within two weeks from today, I hereby withdraw the Bill on those conditions.

was withdrawn)

Madam Temporary Speaker, I ask for this small token for the former councillors and beg my colleagues to support me, so that they live like any other Kenyans, because they have been leaders in this country.

I beg to move and invite my colleague, Sen. Cherargei, to second.

Madam Temporary Speaker, I beg to move the following Motion- THAT AWARE the that National Forum of Former Councillors petitioned the Senate regarding the need for legislative interventions to address the plight and welfare of former Councillors; FURTHER AWARE that the Senate Standing Committee on Labour and Social Welfare considered the Petition and tabled its report on Tuesday, 16th February, 2016; ACKNOWLEDGING that the Committee’s report on the Petition made five recommendations among them that-

Madam Temporary Speaker, I ask for this small token for the former councillors and beg my colleagues to support me, so that they live like any other Kenyans, because they have been leaders in this country.

I beg to move and invite my colleague, Sen. Cherargei, to second.

Madam Temporary Speaker, thank you for this opportunity. I rise to second this very important Motion. There are about 12,000 former councillors in this Republic who served between 1963 and 2012 when we transited to the devolved form of governance. I am aware of some county governments which have started the process of paying off the former councillors.

Madam Temporary Speaker, many people forget that former councillors played a critical role in the society. Even before Independence there were many local native councils. I think Kenya inherited the local government system in 1963. From that time to 2013 we have had about 12,000 former councillors in this Republic. Their functions were mostly administrative. In 1978 there was an Act or law that is no longer in place, that is, the local government regulations. This was followed by the Local Government Act (Cap.265) , Laws of Kenya. It provided the legal framework on how the county councils would operate. This came after the regional assemblies were removed.

Madam Temporary Speaker, you have to appreciate that in 1963 Uasin Gishu County, where you come from, was called Sirikwa County Council. The people who ensured that service delivery was closer to the people were the former councillors. Therefore, devolution started a long time ago. They used to play very critical functions such as in education, healthcare and roads. These are functions that have been devolved under the Fourth Schedule of the Constitution. Those who grew up in the villages know that many roads were done by county councils. I know that the Senator for Kisumu County, Senator for Nairobi City County and Senator for Mombasa County did not have such opportunity. The councils did many things with regard to healthcare and roads. That is where real devolution came from.

Rural development was initiated in the late 1990s through the District Commissioners (DCs) and in partnership with the former councillors. The issue of last mile connectivity, for example, was started way back even before the Jubilee Government made it a reality. Therefore, the 12,000 former councillors did a good job.

The Mover has proposed we need to give them a one-off payment. Even though the Government says that there is no money to pay them, I know that there is money to pay them. When we went to address my County Assembly of Nandi, some of the Members of County Assembly (MCAs) were asking what would happen to them after serving one term. They wanted to know whether they would be paid. Those are challenges that we need to resolve, so that in the near future we do have MCAs, who were honourably retired by the people, struggling in the village, yet they did a lot and sacrificed for this nation. They are the opinion leaders.

When you go to the villages and wards the opinion leaders and those who enlighten the public are normally the former councillors. Why is it hard to pay them Kshs1 million or Kshs1.5 million? I know that the Chairperson of the Committee on Finance and Budget will say that there is no money, yet we are losing so much money

I must inform you, Senator, that the requests from Members are very many. Therefore, please be considerate of the hon. Members who would like to contribute by being very brief. You should summarize your contribution.

On a point of order, Madam Temporary Speaker. When I read this Motion, is it in order for the Seconder, and even to some extent the Mover, to proceed to justify this Motion by creating grounds which had already been debated in 2016 by this Assembly? That is why this Senate mandated the Standing Committee on Labour and Social Welfare to look into it, and they tabled that Report. At that time, all these things were said. The Report was tabled on 16th February, 2016. The Committee made recommendations to this House and we agreed to them because they were justified.

Is it, therefore, in order for the Senator to keep on hammering this point, which has already been hammered many times? This Senate accepted that these people are entitled to payment. Therefore, what we should be aiming at in our debate here is to urge the relevant Ministry and State departments to pay them. In fact, it is a problem of implementation of a resolution already passed. Is he in order to keep on repeating what had been said?

Hon. Senator, my feeling is that, that is his way of urging.

Can you finish, Seconder?

Thank you, Madam Temporary Speaker---

Madam Temporary Speaker, I appreciate that the Attorney- General emeritus is the institutional memory of this country. However, as a country, there is a way we must insist and urge.

Finally, Madam Temporary Speaker, I know that this Motion – as Sen. Wako has said – is one that this Senate has taken with the seriousness it deserves. I, therefore, call upon the Government and the necessary agencies to work together to ensure that we give a dignified life, and not a dignified exit, because we do not want to--- I, therefore, call upon all Senators to come together and support the 12,000 former councillors who are watching us today. That is the reason they brought the Petition to the Senate and not the National Assembly, because they know that the Senate will always protect their interests. We do not only protect the interest of councillors, but those of Kenyans at large, because they have a right, just like any other Kenyan who demands for their rights. We will, therefore, be interested to ensure that this issue is fast tracked for the welfare of former councillors and many others. Many people have been mentioned here who have been councillors before and are still leaders to this level.

With those few remarks, Madam Temporary Speaker, I beg to second.

equipped through that money. Therefore, these people laid a foundation on which we are building devolution.

Madam Temporary Speaker, it is sad to note that those former councillors are living in a sorry state such that most of them are even unable to sustain their families. Some of them even come to me for assistance to pay school fees for their daughters; it is embarrassing! Therefore, it is important, as leaders, that we consider this Motion. However, as we do this, we would like to have a legislative instrument that is going to implement this resolution. According to the report that was adopted by this House, it is requesting that we give a one-off honorarium of Kshs1.5 million and a monthly pension of Kshs30,000. This is lucrative! However, we need to have a structured way and rules on how we are going to disburse this money.

Madam Temporary Speaker, you will find Hon. Members who are sitting in this House, for example Sen. Kang’ata, who is a former councillor, saying that he is also entitled to this money.

Kanjo!

Thank you, Madam Temporary Speaker. I support this Motion. As I do so, I hope the former herdsman who used to look after the cattle, goats and sheep of my grandfather when I was a boy is listening. This is the man who threw tutelage at my grandfather’s home and then he became a councillor in Butula Ward, Busia County. Last evening, he sent me a message asking me not to forget them when this Motion is before us. He reminded me that we used to be together when we were herding the cattle.

These councillors are entitled to payment. To me, the foundation of democracy lies with the councillors and now the Members of the County Assembly (MCAs). They are the bedrock of our democratic system. The problems being faced by these ex- councillors is the problem that was also being faced by Members of Parliament (MPs). However, through the Parliamentary Service Commission (PSC), amendments were moved by former MP Peter Oloo-Aringo which allowed us to look after ourselves to an extent of being pensionable.

We also to some extent looked after at the former MPs who were not able to get into the bracket of pensions. They also paid some amount of money, but we completely forgot former councillors. That is why the justification for this payment is so obvious that I would not want to belabour that they be paid. We should be asking ourselves why it has taken almost three years since these recommendations were made for the payments to be effected.

Madam Temporary Speaker, it cannot be because of lack of funds. It is not that much money, particularly given the amount of money we lose through corruption. The money that we lose through corruption in one deal can be used to pay off all these councillors. To me, Kshs30,000 per month, in this day and age, is a very modest sum to be paid. They are not that many because some of them have gone and joined their maker. However, for those who are still alive, let us give them something so that when they pass on, they will know the country also appreciated the services they rendered to it.

I support and hope the Committee on Implementation, particularly will follow up this matter to the letter and see to it that former councillors are paid.

The same thing is happening to the former teachers. They are not being paid their dues. Let us look after old people. A nation that does not respect the old in the society is a nation that is not civilised and lacks manners. We must respect the old, particularly those above 70 years in our society. I am glad that I am now in that bracket. I also should be respected.

With those few remarks, Madam Temporary Speaker, I support.

Sen. Wako, you may proceed

Thank you, Madam Temporary Speaker. I support this Motion. As I do so, I hope the former herdsman who used to look after the cattle, goats and sheep of my grandfather when I was a boy is listening. This is the man who threw tutelage at my grandfather’s home and then he became a councillor in Butula Ward, Busia County. Last evening, he sent me a message asking me not to forget them when this Motion is before us. He reminded me that we used to be together when we were herding the cattle.

These councillors are entitled to payment. To me, the foundation of democracy lies with the councillors and now the Members of the County Assembly (MCAs). They are the bedrock of our democratic system. The problems being faced by these ex- councillors is the problem that was also being faced by Members of Parliament (MPs). However, through the Parliamentary Service Commission (PSC), amendments were moved by former MP Peter Oloo-Aringo which allowed us to look after ourselves to an extent of being pensionable.

We also to some extent looked after at the former MPs who were not able to get into the bracket of pensions. They also paid some amount of money, but we completely forgot former councillors. That is why the justification for this payment is so obvious that I would not want to belabour that they be paid. We should be asking ourselves why it has taken almost three years since these recommendations were made for the payments to be effected.

Madam Temporary Speaker, it cannot be because of lack of funds. It is not that much money, particularly given the amount of money we lose through corruption. The money that we lose through corruption in one deal can be used to pay off all these councillors. To me, Kshs30,000 per month, in this day and age, is a very modest sum to be paid. They are not that many because some of them have gone and joined their maker. However, for those who are still alive, let us give them something so that when they pass on, they will know the country also appreciated the services they rendered to it.

I support and hope the Committee on Implementation, particularly will follow up this matter to the letter and see to it that former councillors are paid.

The same thing is happening to the former teachers. They are not being paid their dues. Let us look after old people. A nation that does not respect the old in the society is a nation that is not civilised and lacks manners. We must respect the old, particularly those above 70 years in our society. I am glad that I am now in that bracket. I also should be respected.

With those few remarks, Madam Temporary Speaker, I support.

Sen. (Dr.) Langat, you may proceed.

Thank you, Madam Temporary Speaker, for also giving me this opportunity to support this Motion by Sen. Kinyua. At times, seeing the former councillors in our villages, it really discourages us from deeply engaging into politics. These people are suffering. Most of them went into politics when they were young. Imagine that time when Sen. Kang’ata was a councillor. Suppose he had not become a Member of the National Assembly and now a Senator in this House? What could have happened to his child who is in Standard three? Some former councillors have children who are eight or ten years old. No one in the society is ready to support them.

Two weeks ago, one of them came to my house to seek school fees for his children. When I asked him why he was not given the bursary, he told me that everybody knows he was a councillor. That is why they could not support him. They rejected his forms. Leadership is associated with wealth in this country. It is unfortunate when you are not wealthy and you are a leader. I hope this young man from Kericho is listening seriously to what I am saying. Whenever they call for fundraisings, nobody is ready to support them because they are reminded they were leaders.

They are also aware that this Motion is before this House today. On Saturday, four of them came to my house and requested me to support it. I am supporting it that they be given honorarium and a monthly stipend as stated here. However, when a Motion like this is tabled before us, we say there is no money. How much money are we losing through corruption? A lot of money is swindled by individuals through corruption in this country. We need to use our resources prudently so that we fight corruption. Corruption is always motivated by idle money. Some people might think that by taking it away is a way of using it prudently. That is not the case.

The former councillors must be supported by this Government. There is a lot of discrimination of the MCAs. Most of them are struggling and yet they are the closer to the constituents more than us. Most of their time is spent on attending fundraisings, funerals, graduation ceremonies, weddings and so on. Right now, they do not receive car grants like us. This is discrimination. They are also discriminated in terms of pension. Even after serving for two terms as MCAs, they do not qualify to earn pension. We must correct these things for justice to prevail to all of us.

With those few remarks, I am very aware the intelligence of a person is always measured by how he can summarise things by communicating effectively. I want to belong to that class. I summarise by saying I support this Motion.

Sen. (Dr.) Kabaka, also summarise.

easily be done through the County Public Service Boards (CPSBs). They can come up with a framework on what needs to be done to people who serviced during the defunct municipalities and local authorities. They can set a particular figure and pay them either as a one-off honorarium or give them a small stipend every month.

Leadership is a sacrifice and many times when you serve as a leader, you give out everything that you have. I can bet my last coin that everybody in this House has at least sent something in the course of the day to a constituent to support a burial somewhere that needed our assistance or someone who is sick and they have ran short funds. There are many things that leaders do but it is not formerly recognised in the context the job description. When you are out of office, it is not unusual to find people asking what you did because they will be looking for the classrooms that you built and roads that you constructed.

One of the hugest expenditure kitties for any leader is the welfare work that we do as politicians. Nobody accounts for that but it is only you who knows that you spend “x” amount of money every month assisting your constituents but nobody considers that part of the work that you do. Therefore, when there is such an opportunity, as it is being presented to us this afternoon, we need to speak up for the former councillors. Perhaps we should bind all the contributions that will be made and send them to the committee that oversees the implementation of such matters to ensure that this is followed up to the end, so that we redeem the image of our former leaders.

With those many remarks, I beg to support.

are large sums of money being lost through corruption. Therefore, such money should be given without any hindrance.

It is high time that a substantive Bill was introduced in the Senate for us to debate and have the same enforced as soon as possible before the closure of this year.

I support.

Madam Temporary Speaker, in the spirit and the mood of the House, I will also try and keep it brief because that is the trend. As my colleague, former lecturer and good teacher, Sen. (Dr.) Langat, has said, summarizing is a measure of intelligence. I did not know that until today.

I support this Motion by Sen. Kinyua which is concerned about the welfare of former leaders who served this country with pride and distinction but are forgotten on many occasions. Back in the days of municipal authorities, they did not have the kind funds that are available to MCAs nowadays. In many forums, you will find people comparing the kind of work that they did and what the present MCAs are doing without realising that they were operating on minimal resources.

This is not a popular topic with the population especially in these days of austerity measures where the discussions are on how to cut down on costs. It will appear as if we are doing something unpopular because the perception is that we are selfishly thinking about ourselves as leader. The truth of the matter is that in every work that you do, there is always an appreciation at the end of the work you have done.

At the end of the service of, be it teachers, police officers and other civil servants, there is a pension. There is a way that they are properly remunerated for the work and the services that they provided. The most unfortunate lot amongst them are the politicians. Many people believe that we are paid more than we deserve and that whatever we earn during a particular period of work should be enough to take care of us. They forget that we have a five-year contract that we agree with them. The truth of the matter is that many people do not know that out of even the salary that---

I say this as an MP knowing fully well that whatever people earn in Parliament, they virtually give it all away. I do not know of a politician who can comfortably say that they are living or surviving on their salary alone because you will not be able to meet the needs and demands of your constituents. Therefore, this Motion is timely because it is about the welfare of members of the leadership group who retired and were forgotten.

A figure has been proposed by other people but my proposal is slightly different. I propose that we just pay every former councillor Kshs1 million honorarium. Whether somebody served one, two or three terms, we should give them the amount just to appreciate them for the work they did. If they still have families or they are in their old age, they should find how to decently take care of themselves. Since most of them are old and nobody is speaking for them, we assume that they do not deserve this.

I strongly agree with what Sen. Kinyua said when he was moving the Motion. He said that many of them, especially the last lot that served before municipalities were disbanded and counties formed, did not get anything because the Transition Authority (TA) never factored them into consideration. Nobody expressed concerns on their behalf.

I urge MCAs that if this initiative proves to be difficult to be executed at the national level, they should do it at the county assembly level. This is something that can

Let us now listen to Sen. (Dr.) Musuruve.

Thank you, Madam Temporary Speaker, for the opportunity to contribute to this very important Motion. When we are talking about councillors, we are directly talking about the counties because they worked there. By the time someone is a councillor, that person is directly dealing with the constituency.

Madam Temporary Speaker, talking of the time when councillors were in service, you would find that the experience they had was not very interesting. Very early in the morning at 6.00 a.m., you would find constituents at your door. The same situation was evident in the evening at around 10.00 p.m., when you were about to sleep.

Madam Temporary Speaker, councillors played a big role in this country. It will be good for the Senate to acknowledge their work and contribution to this nation. Even the salary that the councillors were paid was not enough. However, with the little that they were getting, they gave it back to the constituents in form of donation for funerals, school fees and so on. Councillors were the ones who were on the ground and they knew the problems affecting their constituents. When they were in service, they worked tirelessly. They dedicated their energies to serving their constituents. They did not have time to rest.

Moreover, some of them gave all their family time to the constituents because they were actually called to serve. By the time someone is a leader, you are selfless and you even lose your family’s and friends’ time; because you are called to commitment. When you commit and you are really keen on serving, there is no way you will have time for yourself. Therefore, councillors gave all they had.

There is need to ensure that these leaders who did a noble job do not languish in poverty. As we speak, there are some councillors who are almost begging on the streets. They are not even able to cater for their medical expenses, to take their children to colleges, yet they served this nation.

There is need to ensure that when leaders are in service and they work tirelessly, we acknowledge them by giving them honorarium. It is a good thing for them to get honorarium. It should be a reasonable amount that will help them, even if it is starting a business or doing a list of things, because it will very painful. In fact, it will be unacceptable if they are languishing wherever they are. There are those who are not able to cater for themselves, their children and families. Some of them could even be laughing stocks. I can imagine in a village where people would be saying and mocking them, “Can you imagine this one was a mheshimiwa at one point, he was a councillor yet he cannot support himself and he is now a now charcoal dealer?” Sometimes things get to that extent.

There is need to come up with a policy that will ensure that councillors get their dues. At the moment, in any job placement, you will find that if someone has been working in an institution for a number of years, people eventually get the lump sum. In addition to getting a lump sum amount as a sendoff, they get something at the end of the month. This will help them a lot.

Madam Temporary Speaker, it is very painful and wanting. It is a situation that this Senate needs to intervene and with speed, so that the councillors who have been serving this country, who are miserable somewhere at home, will cheer up and see that their efforts have been acknowledged and appreciated. Appreciation is very important. Any committed worker feels good when he or she is appreciated for the work that he or she is doing. Therefore, there is need to acknowledge them. It is in a form of respect that we are saying: “Yes, you did this and as a nation, we are happy.”

Madam Temporary Speaker, there is need for a policy to be put in place, that will ensure councillors are paid. As one of the Senators said, people like Sen. Kang’ata and Sen. Malalah will be out of this package because when they are through with their term, the former councillors will already be on a pension scheme, because he will have served two terms. Think of a councillor who is on nothing and has served tirelessly.

Since the Senate represents the counties and their interests, there is need for us to ensure that councillors get honorarium. When they get that, they will be able to manage their lives even in old age and plan for their families. At the moment, some of their children are out of school.

It is so difficult if you were once a leader and you are not in leadership anymore, then you go seeking for support from your constituents. People will always look at you as a leader and nobody will even step in to support you in any way when it comes to finances. Therefore, if we are able to support them so that they could get this honorarium, at the end of the day, they will organize their lives.

Councillors have a wealth of experience even when they are not in office. They have a lot of experience with regard to the constituents, leadership and they can even voluntarily give advice to the leadership of this nation. There is need to see how to come up with policies which will bring our councillors on board as part of leaders for this nation.

When someone has been a councillor before, it does not mean, that since he is not a Member of a County Assembly (MCA), he is not a leader. He is still a leader in his own right because he has a wealth of experience. It is experience that he or she can pass on to other young leaders that are upcoming or to anybody aspiring to be a leader. I suggest that once a leader, you will always be a leader and people will be looking to you for advice and words of wisdom.

Madam Temporary Speaker, I support this noble Motion. It should not end here. It should be translated into a Bill that will eventually become law.

have served several broken periods? I say that because to the best of my knowledge, the people who have been paid something post their time, were those who served for 20 years consistently, and they are few. To me, that is unfair because when we compare with other professions or areas, once you serve in a position, at the end of your term, you are entitled to an honorarium.

Mr. Temporary Speaker, Sir, this Motion talks of an honorarium; one pay-off. Therefore, it will not be a burden on the taxpayer. This is in tandem with general labour practices, which have been happening the world over; it will not be an exception to Kenya. Therefore, I support this idea because I know that it will not be a burden to the taxpayer and it is something that happens in all forms of employment. When you employ a person for a certain contractual period say, one, three or four years, at the end of it, you are supposed to give a certain honorarium. However, for the former councillors that never happened which, to me, is unfair.

Again, there is the problem of the transition of local authorities to counties. Several counties ignored the liabilities which were owing after devolution came into effect.

In my opinion, one of the aspects owing is that of human resource, particularly the councillors aspect and their emoluments, that they ought to have been paid by the various local authorities. At times, I get it to be funny that people who are at the apex of leadership or government, usually get unfair treatment compared to the people who are below them, that is the employees. You will find a clerk in the former local authorities getting paid some lump sum. A chief officer or an employee who is not elected by the people gets money whereas a councillor, who has been elected by universal suffrage, does not get anything in return to the huge service that he or she rendered to the public.

I want to give tribute to the people we served with in Murang’a Municipal Council between the year 2002 and 2007. In particular, I know of one councillor who was not a Kikuyu. I come from a predominantly Kikuyu region but we used to vote for him notwithstanding the fact that he was not a kikuyu and that he had some disability. He was called Councillor Oluoch and he was a Luo. He never used to canvass in Kikuyu but the people of Murang’a used to vote for him day in day out. That tells me that councillors used to rise above ethnicity and that they were people who would rhyme well with the people. That was positive. We, therefore, need to celebrate councillors and that is why I am supporting this Motion. It makes all the sense as to why we should push for this Motion to come into place.

The question then would arise of what happens once we pass this. I urge the Mover of this Motion to move with speed and if we had the Committee on Implementation, he would have talked to them to ensure that money is allocated and these people get their rightful dues. I know of some people who have served for almost 30 years like my friend Mr. Kamande, who has been the councillor for Kagunduini in Kandara. He has served for a very long period. In fact, he lost the other day after serving for almost 30 years as a leader. That means that such a person has expended all his productive years in leadership and he deserves some payment. Otherwise, he would have probably done other things apart from being a politician.

The work of leadership does not pay at times. You will find yourself putting all your energies to the public service or spend all your resources with the public that you do not even accumulate for your family. Therefore, in such a case, we need to reward those people who have served this country well. To me, those people include councillors. Councillors have done a very good job. Were it not for them, there would be no resources or assets which would have been devolved to the so-called county governments. They are the pioneers of the entire superstructure that is called devolution.

I support.

Thank you, Madam Temporary Speaker. I am happy to be the last one. I stand to support the Motion. I have never been a councillor like many of my friends here but I know what they do. They are very helpful and important people in the community for they are the ones who are at the grass root level. Whenever there are problems, talks, rallies, clashes or problems at family level, they are the people who are consulted. They suffer more than anybody else. The Members of Parliament are away most of the time and the best they can do is appear there over the weekend and the Senators do the same. The former councillors were real grass root leaders and they are very important in the community. In our areas, we still depend on them up to now.

They have all been thrown out because of the requirement on education and they could not vie because most of them were illiterate. Many of them are not Members of the County Assemblies (MCAs) now but when you compare the MCAs and the councillors, you will realise that the MCAs are mostly young men who have gone to school but they do not know the traditions and neither do they know what should be done with problems at family, constituency or even ward level. Therefore, we still use the councillors up to this time.

I wish that we would be able to give the one-off honorarium without limiting it. Some people will say that politicians fight for themselves but there are times when you just have to do that. In this world, nobody is going to help you if you do not help yourself. The reality is that councillors are very important and they do a lot of things for this community at the grass root level. The Kshs30,000 per month will not be much but it will at least enable them help their families.

When I go home, several of them come to see me and they always petition us asking for the reason the Senate is not helping them. The MCAs also have problems right now especially the nominated MCAs who do not get mileage and I do not know why. Some of these issues should be looked into and this is the responsibility of the Senate because it is the custodian of the county. We need to help the leadership of the counties in whatever way we can.

have served several broken periods? I say that because to the best of my knowledge, the people who have been paid something post their time, were those who served for 20 years consistently, and they are few. To me, that is unfair because when we compare with other professions or areas, once you serve in a position, at the end of your term, you are entitled to an honorarium.

Mr. Temporary Speaker, Sir, this Motion talks of an honorarium; one pay-off. Therefore, it will not be a burden on the taxpayer. This is in tandem with general labour practices, which have been happening the world over; it will not be an exception to Kenya. Therefore, I support this idea because I know that it will not be a burden to the taxpayer and it is something that happens in all forms of employment. When you employ a person for a certain contractual period say, one, three or four years, at the end of it, you are supposed to give a certain honorarium. However, for the former councillors that never happened which, to me, is unfair.

Again, there is the problem of the transition of local authorities to counties. Several counties ignored the liabilities which were owing after devolution came into effect.

In my opinion, one of the aspects owing is that of human resource, particularly the councillors aspect and their emoluments, that they ought to have been paid by the various local authorities. At times, I get it to be funny that people who are at the apex of leadership or government, usually get unfair treatment compared to the people who are below them, that is the employees. You will find a clerk in the former local authorities getting paid some lump sum. A chief officer or an employee who is not elected by the people gets money whereas a councillor, who has been elected by universal suffrage, does not get anything in return to the huge service that he or she rendered to the public.

I want to give tribute to the people we served with in Murang’a Municipal Council between the year 2002 and 2007. In particular, I know of one councillor who was not a Kikuyu. I come from a predominantly Kikuyu region but we used to vote for him notwithstanding the fact that he was not a kikuyu and that he had some disability. He was called Councillor Oluoch and he was a Luo. He never used to canvass in Kikuyu but the people of Murang’a used to vote for him day in day out. That tells me that councillors used to rise above ethnicity and that they were people who would rhyme well with the people. That was positive. We, therefore, need to celebrate councillors and that is why I am supporting this Motion. It makes all the sense as to why we should push for this Motion to come into place.

The question then would arise of what happens once we pass this. I urge the Mover of this Motion to move with speed and if we had the Committee on Implementation, he would have talked to them to ensure that money is allocated and these people get their rightful dues. I know of some people who have served for almost 30 years like my friend Mr. Kamande, who has been the councillor for Kagunduini in Kandara. He has served for a very long period. In fact, he lost the other day after serving for almost 30 years as a leader. That means that such a person has expended all his productive years in leadership and he deserves some payment. Otherwise, he would have probably done other things apart from being a politician.

The work of leadership does not pay at times. You will find yourself putting all your energies to the public service or spend all your resources with the public that you do not even accumulate for your family. Therefore, in such a case, we need to reward those people who have served this country well. To me, those people include councillors. Councillors have done a very good job. Were it not for them, there would be no resources or assets which would have been devolved to the so-called county governments. They are the pioneers of the entire superstructure that is called devolution.

I support.

Thank you, Madam Temporary Speaker. I am happy to be the last one. I stand to support the Motion. I have never been a councillor like many of my friends here but I know what they do. They are very helpful and important people in the community for they are the ones who are at the grass root level. Whenever there are problems, talks, rallies, clashes or problems at family level, they are the people who are consulted. They suffer more than anybody else. The Members of Parliament are away most of the time and the best they can do is appear there over the weekend and the Senators do the same. The former councillors were real grass root leaders and they are very important in the community. In our areas, we still depend on them up to now.

They have all been thrown out because of the requirement on education and they could not vie because most of them were illiterate. Many of them are not Members of the County Assemblies (MCAs) now but when you compare the MCAs and the councillors, you will realise that the MCAs are mostly young men who have gone to school but they do not know the traditions and neither do they know what should be done with problems at family, constituency or even ward level. Therefore, we still use the councillors up to this time.

I wish that we would be able to give the one-off honorarium without limiting it. Some people will say that politicians fight for themselves but there are times when you just have to do that. In this world, nobody is going to help you if you do not help yourself. The reality is that councillors are very important and they do a lot of things for this community at the grass root level. The Kshs30,000 per month will not be much but it will at least enable them help their families.

When I go home, several of them come to see me and they always petition us asking for the reason the Senate is not helping them. The MCAs also have problems right now especially the nominated MCAs who do not get mileage and I do not know why. Some of these issues should be looked into and this is the responsibility of the Senate because it is the custodian of the county. We need to help the leadership of the counties in whatever way we can.

Having no other requests, I now call upon the Mover to reply.

Thank you, Madam Temporary Speaker. I want to take this opportunity to thank my colleagues who have supported this Motion. I want to thank Sen. Cherargei, who seconded it. I also want to thank my colleagues; Sen. Malalah, Sen. Wako, Sen. (Dr.) Langat, Sen. (Dr.) Kabaka, Sen. Cheruiyot, Sen. (Dr.) Musuruve, Sen. (Dr.) Ali, Sen. (Prof.) Kamar and Sen. Kang'ata.

Hon. Senators, with consultation with the Mover of the Motion, it is agreed that the same be deferred. We move on to the next Order.

I determine that this is a matter that does not affect counties. Therefore, it does not require voting by county delegations. I, therefore, proceed to put the question.

COGNIZANT that hearing impaired learners who are educable can master the essentials of English language as they are able to sign sing the National Anthem in Signing Exact English (SEE); NOW THEREFORE, the Senate calls upon the Ministry of Education, Science and Technology to-

Hon. Senators, with consultation with the Mover of the Motion, it is agreed that the same be deferred. We move on to the next Order.

Hon. Senators, this Motion is deferred.

Hon. Senators, with consultation, the Movers of the reminder of the Orders in the Order Paper are not available. Therefore, these Orders are deferred.

(20CCEM) held in Nadi, Fiji from 19-23 February, 2018, laid on the Table of the House on Thursday, 12th July, 2018. (Motion deferred)

Hon. Senators, having concluded the business of the day, it is now time to adjourn the House. The Senate, therefore, stands adjourned until Tuesday, 23rd October, 2018 at 2.30 p.m.

The Senate rose at 5.35 p.m.