October 1st, 2015 SENATE DEBATES

Thursday, 1st October, 2015

Hon. Senators, are you looking at the Order Paper? On the appendix papers, we have a Paper to be laid by the Chairperson of the County Public Accounts and Investment Committee (CPAIC) . I recall yesterday a special reference was made to you with regard to the same Order.

Mr. Speaker, Sir, could you guide me?

It is on page 702, the second last page of the Order Paper.

Mr. Speaker, Sir, I have no Papers. They have not given me the Papers.

Mr. Speaker, Sir, the Papers have just been handed to me now.

Proceed, Sen. (Dr.) Khalwale. I appreciate your predicament.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table:- Report of the Auditor-General on the financial operations of Narok County Assembly for the year ended 30th June, 2014.

Who is presenting part (c) and (d) of Papers?

October 1st, 2015 SENATE DEBATES

Mr. Speaker, Sir, I beg to lay the following Papers on the Table:- Reports of the Committee on Labour and Social Welfare on the following Bills:-

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, WHEREAS Kenya is traditionally known for its outstanding performance in athletics, especially in middle and long distance running; AND WHEREAS athletics is part of Brand Kenya efforts and has immensely contributed to marketing the country abroad; APPRECIATING that the Kenyan athletes are good ambassadors and have greatly improved the image of the country; FURTHER APPRECIATING the performance of the team that participated in the recently concluded 2015 IAAF Championships in Beijing, China and were ranked number one overall out of the thirty two countries that participated; NOTING the sterling performance that yielded winning a total of sixteen medals of which seven were gold, six silver and three bronze; RECOGNIZING that the country won a gold medal in the elusive 400 meters hurdles; which has not been our specialty and a gold medal in the field event of javelin; ALSO APPRECIATING the Sterling performance of our sportsmen and sportswomen who participated in the just concluded All African Games in Congo, Brazzaville where they won a total of 12 medals of which three were gold, five silver and four bronze and finished in position nine out of 37 countries that participated; COGNIZANT that such outstanding performances will inspire and spur upcoming athletes and generally boost the Kenyan spirit; The Senate–

October 1st, 2015 SENATE DEBATES

Hon. Senators, that Motion is on the Order Paper of today by leave of the House, so we will slot it at some stage during this particular Session on only one condition from the Chair, that Order Nos.8 and 9 are equally handled. I hope the Whips and the leadership of the House are listening. The Motion whose notice has been given by Sen. Melly is listed on the Order Paper as item 10. It is by the leave of the Senate. I am putting a rider that it can only be done if the Whips ensure that we have numbers for Order Nos. 8 and 9. Hon. Senators, we need to put requests for statements. We will take the requests and then we come to the ones that are already scheduled as per the annex. Before we do so, I will make a communication.

Hon. Senators, I have a communication to make on the Joint Sittings of Parliament on Tuesday 6th October, 2015 at 2.30 p.m. for purposes of address by visiting dignitary. The Speakers of the two Houses of Parliament have received a request from the Office of the President to allow His Excellency (Dr.) Jakaya Mrisho Kikwete, President of the United Republic of Tanzania to address a Joint Sitting of the Houses of Parliament on Tuesday 6th October, 2015. His Excellency President Kikwete will be on a State Visit to Kenya. Hon. Senators, Standing Order No.25 (2) states as follows:-

“The Speaker may, in consultation with the Speaker of the National Assembly, arrange for a Joint Sitting of Parliament for purposes of an address by a visiting Head of State or such other visiting dignitary.” In this respect, I wish to inform the House that the Speaker of the National Assembly and I, have consulted and consented to the request. This is, therefore, to invite all Senators to a Joint Sitting of the Houses of Parliament which will be held on Tuesday 6th October, 2015 in the National Assembly Chamber, Main Parliament Building at 2.30 p.m. for the purpose of an address by His Excellency (Dr.) Jakaya Mrisho Kikwete, President of the United Republic of Tanzania. This being the first time that a visiting Head of State will be formally addressing our Parliament, I wish to take this earliest opportunity to request all of you Senators to avail yourselves for this auspicious occasion. If what I heard from the Floor is anything to go by, I can assume that it is an affirmation. Due to the normal legislative agenda before the Senate, particularly on the various Bills, the Senate will continue with its normal sitting shortly after the address by His Excellency the President of Tanzania. I thank you. What is it Sen. Khaniri?

October 1st, 2015 SENATE DEBATES

On a point of order. Mr. Speaker, Sir, whereas we appreciate and welcome President Kikwete to address the Houses of Parliament, in your reading of Standing Order No.25 (2) , there is a provision in that Standing Order No.25 (1) which says:

“The Speaker may, after consultation with the Senate Majority Leader and the Senate Minority Leader, allow a visiting Head of State or other visiting dignitary, to address the Senate.” Mr. Speaker, Sir, I just want to get your clarification if the Senate Minority Leader was consulted because this is provided for in the Standing Orders.

Mr. Speaker, Sir, when I look at today’s Order Paper, I do not see any Motion that will grant this House an opportunity to start on Tuesday 6th October, 2015 at a time other than 2.30 pm as far as the Standing Order is concerned. When we will adjourn this evening at 6.30 p.m., we will be expected to be back at 2.30 p.m. on 6th October. Where on this Order Paper do we have this Motion that will give you the legal power to convene this House at a time other than 2.30 p.m. on Tuesday, next week? The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, I wholeheartedly welcome the address to both Houses by President Jakaya Kikwete, who is not only a distinguished son of this region, but one of the few African Presidents who has resisted the greed and temptation to even imagine that he can go for a third term. We welcome that very much. We know how articulate and convincing President Kikwete is. In fact, I can put it on record that he is the only East African Head of State who always addresses the African Union in Kiswahili which is also an official African language, so, we will welcome him. Sen. George Khaniri has referred the Chair to Standing Order 25 (1) .

I want that Clerk to give you room to give me undivided attention.

You know the utility of the Clerk to the Chair. As you canvas your issues, I am also consulting. The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, I know we are on a learning curve and we do not want to either indict or even say something untoward to the Chair.

Mr. Speaker, Sir, I wholeheartedly welcome the address to both Houses by President Jakaya Kikwete, who is not only a distinguished son of this region, but one of the few African Presidents who has resisted the greed and temptation to even imagine that he can go for a third term. We welcome that very much. We know how articulate and convincing President Kikwete is. In fact, I can put it on record that he is the only East African Head of State who always addresses the African Union in Kiswahili which is also an official African language, so, we will welcome him. Sen. George Khaniri has referred the Chair to Standing Order 25 (1) . (The Speaker consulted with the Clerk-at-the-Table) I want that Clerk to give you room to give me undivided attention.

You know the utility of the Clerk to the Chair. As you canvas your issues, I am also consulting. The Senate Minority Leader (

October 1st, 2015 SENATE DEBATES

Order! Senators. Sen. Wangari, let me give you the last chance.

Thank you, Mr. Speaker, Sir. It is actually an honour for the Speaker to sit and give me a chance. So, I feel greatly honoured. I want to agree with Sen. Ong’era in terms of the application of Standing Order 25 (2) , but even in 25 (1) , it only gives a “may” option. “May” is either you can or you may choose not to. I support Sen. Ong’era. Again Standing Order 25 (1) , gives the Chair a leeway to choose and I know he always prefers to consult. This is a good practice. The word “may” indicates that it is not a must that he does so. But if it was “shall”, he would not have otherwise, but to consult. That is my understanding of this Standing Order. It is not a monopoly of anyone in this House to read the Standing Orders.

Mr. Speaker, Sir, I just want the Chair to acknowledge that there is an omission and we are on a learning curve. In future when we have such distinguished guests, we will follow the Standing Orders. We have no intention of standing in the way or even saying that your acceptance that the distinguished President of Tanzania addresses us is in any way not right. It is absolutely welcome. In future, we would wish that we get not only involved, but consulted. You must be assured that we will never withhold such consultation or request because it enriches the House and the country.

Thank you, Mr. Speaker, Sir. I will take the unprecedented approach by disagreeing with the Senate Minority Leader and also with the distinguished Senator for Vihiga. When I read the Standing Order No. 25 (1) , which will require the Speaker to consult the two leaders only in instances where the visiting leader will address the Senate.

October 1st, 2015 SENATE DEBATES

Order! Senators. Sen. Wangari, let me give you the last chance.

October 1st, 2015 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. I listened to Sen. Ong’era, and I am convinced that she is completely right. The President is coming to address the Joint Sitting of Parliament. However, with greatest respect to you, I disagree. The “may” regards ---

Order, Sen. Kembi-Gitura! I hope you know you are my deputy.

Order, Members! I do not only speak good English, but I also read and understand English. There are certain usages in English and law that result in compulsion and options. That is a fact. In any case, Sen. Wetangula, I believe you may be a senior lawyer to your Whip in many respects. Standing Order No. 25 (1) says:

“The Speaker may, after consultation with the Senate Majority Leader and the Senate Minority Leader, allow a visiting Head of State or such other visiting dignitary, to address the Senate.” I am already done with Sen. Wangari. I am now addressing Sen. Ong’era. She is absolutely right. That was my understanding, our reading and that is why we felt Standing Order No.25 (1) – this was a matter for Sen. Khaniri – referred to the Senate. That is why we used Standing Order No. 25 (2) which is referring to a Joint Sitting of the two Houses. It does not make any reference to the Senate Majority or Minority Leader, contrary to my own expectations. By the way, I do not have a problem working with the leadership of the House. I know they will always grant it just as the Senate Minority Leader has confirmed this afternoon. Surely, under those circumstances, do we really need to continue debating on a matter that we seem to be agreeable?

October 1st, 2015 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. Let me, first of all, say that I am completely in agreement with the Deputy Speaker and the distinguished Senator for Murang’a County. I hold him in high distinction because I have practiced law with him from opposite sides, and I know his ability. With the greatest respect, the word “may” applies to your discretion to allow a visiting Head of State to address the Senate. He might be the greatest power in the world, but you still have that discretion. The consultation with the Senate Majority Leader and the Senate Minority Leader, is a condition precedent so that you cannot make that decision without making those consultations. I plead with you, where you are right, we will agree with you like on Standing Orders No. 25 (2) . Sen. Ong’era and your ruling are absolutely correct. However, on the first one, the consultations with the Senate Majority Leader and the Senate Minority Leader is what we call in law, a condition precedent. Therefore, you cannot make a decision without those consultations.

On a point of order, Mr. Speaker, Sir. Let me start by saying that English is not the preserve for only those who studied law, but it is understood by many other gentlemen and ladies. However, I just want to say that in respect to Standing Order No.25 (1) --

Order, Senators! Now, which is worse? One lawyer misrepresenting what Sen. Abdirahman has done and another one standing on his volition disregarding whether the Speaker has allowed him to do it or not. Proceed, Sen. Abdirahman. You are entitled to your opinion.

October 1st, 2015 SENATE DEBATES

Thank you. Mr. Speaker, Sir. I do not intend in any way to demean the legal or any other profession for that matter. Let me leave that since you have allowed me to do it. However, with regard to Standing Order No. 25 (1) , all I want to stay is that the Speaker’s Office is an institution and runs the institution of Parliament. An institution of Parliament, though headed by the Speaker, has the wings that form the majority and minority leadership. Therefore, it only adds value. Standing Order No.25 (1) , “at your discretion”, only helps to portray a better image in terms of working together. Therefore, it is important as clearly spelt by the Senate Minority Leader.

Order, Members! Let me rest this matter by saying that I seem to be a bit persuaded by the submission of Sen. Orengo, Sen. Kembi-Gitura and Sen. Ong’era. All of them happen to be lawyers. However, because this was a sub-matter and not the matter that was brought forward by Sen. Khaniri, I will also use this opportunity to assert myself in the near future to look at it more critically. If I will get an opportunity to prove you otherwise, I will seize the moment. If I will not, I will also come and concede before you. Secondly, I do not think that Sen. Abdirahman said anything bad about lawyers. He just assessed the number of contributors and realized that a majority of them happen to have been lawyers. You know how lawyers speak; they speak with a lot of conviction as if the rest of you never went to school. That is why they refer to themselves as learned friends. Who doubts that? Therefore, hold your opinion; I agree with it. Sen. (Dr.) Khalwale said that they have not brought a Motion. There is a communication to the Senators about this Sitting. Furthermore, a Joint Sitting is always gazetted. Therefore, that information will be provided through a gazette notice. In any case, Tuesday is naturally a Sitting day. So, all we will inform you is the time and where you will be sitting that particular day. What is it, Sen. (Dr.) Khalwale? I hope that it is not another professional matter. Unfortunately for you, there are not many doctors in the House. At least, there is Sen. (Dr.) Machage.

Order, Senators! Now, which is worse? One lawyer misrepresenting what Sen. Abdirahman has done and another one standing on his volition disregarding whether the Speaker has allowed him to do it or not. Proceed, Sen. Abdirahman. You are entitled to your opinion.

October 1st, 2015 SENATE DEBATES

Thank you. Mr. Speaker, Sir. I do not intend in any way to demean the legal or any other profession for that matter. Let me leave that since you have allowed me to do it. However, with regard to Standing Order No. 25 (1) , all I want to stay is that the Speaker’s Office is an institution and runs the institution of Parliament. An institution of Parliament, though headed by the Speaker, has the wings that form the majority and minority leadership. Therefore, it only adds value. Standing Order No.25 (1) , “at your discretion”, only helps to portray a better image in terms of working together. Therefore, it is important as clearly spelt by the Senate Minority Leader.

Order, Members! Let me rest this matter by saying that I seem to be a bit persuaded by the submission of Sen. Orengo, Sen. Kembi-Gitura and Sen. Ong’era. All of them happen to be lawyers. However, because this was a sub-matter and not the matter that was brought forward by Sen. Khaniri, I will also use this opportunity to assert myself in the near future to look at it more critically. If I will get an opportunity to prove you otherwise, I will seize the moment. If I will not, I will also come and concede before you. Secondly, I do not think that Sen. Abdirahman said anything bad about lawyers. He just assessed the number of contributors and realized that a majority of them happen to have been lawyers. You know how lawyers speak; they speak with a lot of conviction as if the rest of you never went to school. That is why they refer to themselves as learned friends. Who doubts that? Therefore, hold your opinion; I agree with it. Sen. (Dr.) Khalwale said that they have not brought a Motion. There is a communication to the Senators about this Sitting. Furthermore, a Joint Sitting is always gazetted. Therefore, that information will be provided through a gazette notice. In any case, Tuesday is naturally a Sitting day. So, all we will inform you is the time and where you will be sitting that particular day. What is it, Sen. (Dr.) Khalwale? I hope that it is not another professional matter. Unfortunately for you, there are not many doctors in the House. At least, there is Sen. (Dr.) Machage.

On a point of order, Mr. Speaker, Sir. I thank you for the accolades that you have given the legal fraternity in the House after you agreed with them that they are right. However, equity demands that after you have agreed with me, you should also give the same accolades to the medical profession because Sen. (Dr.) Machage, Sen. (Dr.) Kuti, although he is not in the House, and I, are here. Could you, please, exercise equity?

I always exercise equity, but there was no demand to acknowledge doctors. However, there was a deliberate and provocative demand from the Deputy Speaker, supported by Sen. Orengo for me to acknowledge lawyers. Therefore, I needed to address that matter. Your day will come under the sun and you will receive the same accolades, if not higher.

My apologies. I am stuck in the whole arrangement where the Vice Chairperson was to take the lead. Please, proceed Chair.

October 1st, 2015 SENATE DEBATES

Mr. Speaker, Sir, mine is connected to the same, but directed at you. It is now becoming quite evident that members of the public want to express themselves through that manner. In other Parliaments, there are particular areas that are designated for picketing. Could you guide us as to when you will designate a particular place in the precincts of Parliament where members of the public can go and picket without them unnecessarily interfering with the entrance and exit of the Members of Parliament? Mr. Speaker, Sir, it is not a very pleasant thing to see a naked human adult trying to express a point. As much as they are comfortable with it, there are some things that we like seeing in our own bedrooms.

My apologies. I am stuck in the whole arrangement where the Vice Chairperson was to take the lead. Please, proceed Chair.

Mr. Speaker, Sir, I do not mind delegating to her. This is a straight forward matter that will not require a lot of investigation. It happened in Nairobi. The police headquarters is here as well. Therefore, I will give an answer by Thursday, next week.

Mr. Speaker, Sir, I also seek to know whether a Petition was actually submitted by the demonstrators for the removal from office of Sen. Muthama and whether those demonstrators are aware of the procedure for the removal of a Senator so that we avoid the eventuality of people trying to get you out of your job unprocedurally and making nuisance at your place of work.

October 1st, 2015 SENATE DEBATES

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

Sen. Hassan, I hope that it is on a different issue. If not, I will rule you out of order.

Mr. Speaker, Sir, of late, when you see a copy of a Bill on a blue coloured paper, it means that it is a Senate Bill. If you receive a copy of a Bill on a green coloured paper, it means that it is a National Assembly Bill. Lately, we are getting printouts in various colours; some in green, pink, yellow, white and many others. What is the Clerk communicating to us when a paper is green in colour? Does it mean anything when a paper is pink in colour? Does it mean that we are expressing solidarity with people in pink? The Senate has become quite pink with its paper work.

Order, Members! This matter is very clear. If you have further issues, you can inform the Chairperson. The issues raised will be handled accordingly.

Sen. Mukite, the men are very far from you.

Mr. Speaker, Sir, of late, when you see a copy of a Bill on a blue coloured paper, it means that it is a Senate Bill. If you receive a copy of a Bill on a green coloured paper, it means that it is a National Assembly Bill. Lately, we are getting printouts in various colours; some in green, pink, yellow, white and many others. What is the Clerk communicating to us when a paper is green in colour? Does it mean anything when a paper is pink in colour? Does it mean that we are expressing solidarity with people in pink? The Senate has become quite pink with its paper work.

That is a very serious observation and I will give it my very serious consideration. Allow me to respond to your question next week.

Thank you very much, Mr. Speaker, Sir, for giving me this opportunity.

Order, Members! You must appreciate if you are on a point of order, you deal with the intervention button.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to seek a very important Statement. In pursuant to Standing Order number 45 (2) (b) , I rise to seek a statement from the Committee on Finance, Commerce and Budget with regard to the receding economic status of the country. In particular:-

a) The high inflation rate of 5.97 per cent as at September 2015 which has a spillover effect to the consumers, borrowers, investors, business people, energy, et cetera.

October 1st, 2015 SENATE DEBATES

Thank you, Mr. Speaker, Sir; I would like to ride on that question. Further, I would like to know why the economy is under-performing, why we have an unsustainable public finances? Why is our public finance doubling to unsustainable 10 per cent of Gross Domestic Product (GDP) ; 18 per cent of our revenue? Secondly, why has our foreign debt which has overtaken the external debt risen from 4 per cent to 10 per cent and why have our exports come down to 54 per cent from 67 per cent five years ago? Finally, is the Cabinet Secretary Ministry of the National Treasury competent enough to carry out his job in making sure that our economy is sustainable and we cannot have people living beyond their means? Thank you.

Order, Members! You must appreciate if you are on a point of order, you deal with the intervention button.

A

Mr. Speaker, Sir, in responding to the statement, will the Senate Majority Leader tell the House and the country where the much publicised proceeds of the Euro bond which was US$2 billion or thereabout, has been placed because we understand the proceeds of the Euro bond were banked outside the country yet we were told it was supposed to stabilise the foreign exchange regime and therefore stabilise the ratio of our exchange of the Kenya shilling to the hard currencies that we deal with. Where is this money from the Euro bond?

Hon. Senators, I am convinced that this is a matter squarely in the purview of the Committee on Finance, Commerce and Budget. The description of that Committee is sufficiently inclusive on all the matters you have raised. Where is the Chairperson of the Committee on Finance, Commerce and Budget? Any Member of the Committee? I think the Senate Minority Leader is a Member.

Mr. Speaker, Sir, indeed, I will transmit that information to the Chairperson. I want to reassure Sen. Orengo that on a scale of one to one, Sen. Billow will do a hundred times better than the Senate Majority Leader in tackling this matter.

October 1st, 2015 SENATE DEBATES

Mr. Speaker, Sir, in responding to the statement, will the Senate Majority Leader tell the House and the country where the much publicised proceeds of the Euro bond which was US$2 billion or thereabout, has been placed because we understand the proceeds of the Euro bond were banked outside the country yet we were told it was supposed to stabilise the foreign exchange regime and therefore stabilise the ratio of our exchange of the Kenya shilling to the hard currencies that we deal with. Where is this money from the Euro bond?

Hon. Senators, I am convinced that this is a matter squarely in the purview of the Committee on Finance, Commerce and Budget. The description of that Committee is sufficiently inclusive on all the matters you have raised. Where is the Chairperson of the Committee on Finance, Commerce and Budget? Any Member of the Committee? I think the Senate Minority Leader is a Member.

Mr. Speaker, Sir, indeed, I will transmit that information to the Chairperson. I want to reassure Sen. Orengo that on a scale of one to one, Sen. Billow will do a hundred times better than the Senate Majority Leader in tackling this matter.

Order, Sen. (Dr.) Khalwale! Do not go there, Senator.

Mr. Speaker, Sir, the reason I am going there is because we want to set the record straight---

That is the bit of sitting across the aisle. I have the misfortune of only looking at whoever is on the Floor.

Order! When is the response, Sen. (Dr.) Khalwale?

Mr. Speaker, Sir, this is a very serious issue. We need the answer quickly. Ideally, it requires around three weeks. However, because of the urgency, maybe you give us two weeks.

On a point of order, Mr. Speaker, Sir. I appreciate why you have given these questions to the Committee on Finance, Commerce and Budget. As you were saying it, I was looking at the Senate Majority Leader and he looked very relieved.

On a point of order, Mr. Speaker, Sir. You heard the Senate Majority Leader talking about Members availing themselves for a vote and you have also asserted it. Is he in order to bring the point because yesterday we were here, but he was not around? There were 23 Delegations and, therefore, we lacked only one Member for us to take a vote. It is not only yesterday that he was not around. That has always happened every other week when we have a vote to take.

Mr. Speaker, Sir, I wish to present the Statement on the business for next week with great relief. Hon. Senators, on Tuesday, next week, we shall have the Rules and Business Committee (RBC) meeting at 12.00 p.m. for the purpose of scheduling the business for next week. Subject to the directions of the RBC, the Senate is expected to continue with the business that will not be concluded this week, particularly focusing on debates on the Bills that are at the

October 1st, 2015 SENATE DEBATES

Hon. Senators, I also support the assertions of the Senate Majority Leader in terms of Members participating in voting. In the past two weeks, we have been unable to take any vote. The business of this House is through resolutions by taking a vote on any matter, be it a Bill or a Motion. I encourage the Whips to crack the whip next week. If it is broken, they should bring it to me for repairs.

Mr. Speaker, Sir, my colleague, Sen. Khaniri, who is my agemate, but my senior in politics, is misleading this House. I have always been present, except yesterday because I had gone to address the Tharaka-Nithi County Assembly in a special sitting. On all the other days, the Deputy Senate Majority Leader – who has done a good job – is always here whenever the Senate Majority Leader is not here. I have always heard Senators say that I should talk about myself. We have the Office of the Senate Majority Leader and that is why it has a Deputy. If I have to be away, I always ensure that the Senate Majority Leader is here. Actually, the problem of quorum has been caused by Members of the “international skyteam” which the Senate Minority Leader has now joined. The whole of last week, he was in the skies of the world. I am sure that he is about to travel. Therefore, Members of the Minority side should not put their problems on us. We are always here and we shall be here even on Tuesday.

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On a point of order, Mr. Speaker, Sir, as this Bill comes forth, I want you to make a constitutional interpretation or direction of what is the extent of reservation, which is the practice in the Commonwealth and other Parliaments around the world? Is reservation to the substance of the Bill that has been passed - where you note certain areas that will require amendments - or will reservations in a Presidential Memorandum include introduction of new sections that were not contemplate in the Bill as passed, in the first instance? Therefore, because it is a weighty constitutional argument, I would even advise that you stay further the introduction of that Motion until the Senate settles the extent of the reservations. This matter has been in our sister Chamber; I know that the extent of the reservations fundamentally introduced new sections of the Bill that were not contemplated in the original Bill. The Senate Minority Leader (

October 1st, 2015 SENATE DEBATES

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That is correct. The only problem is that on your way to that finality, a few other issues had been raised. I agree with you on that. That is a summary. Order, Members! We are still on Statements. I will make a short Communication and then allow the Chair of Committee on Agriculture, Livestock and Fisheries.

Mr. Speaker, Sir, again, I join my colleagues in requesting that deep thought is put on this matter. May I tell all who care to hear that we are not afraid to consider the reservation of the President, because we are aware that the Executive under this Constitution has every right to initiate legislation. Therefore, I will request you to apply the best legal mind, yours included, on this matter, to confirm to what extent the so-called reservation goes towards exercising veto power vis-a-vis an attempt to initiate new legislation. If you find that it goes towards an attempt of hiding through veto to participate in legislation, then I urge you to resist. This is because Parliament will be submitting itself to the Executive. We shall no longer be exercising the principle of separation of powers. We will have become, if everything, a mere appendage or department within the office of the President.

On a point of order, Mr. Speaker, Sir. I have heard you say that we are going to Mombasa courtesy of a member of the Senate, but you did not make it clear. If it is the whole Senate then I do not have any problem with it, but if a member of the Senate or any member of the public is seen to be paying for the Senate to do its official business, it has many consequences about integrity and accountability. It is something which must be totally frowned upon. Unless this matter is made very clear, some of us may not want to be party to that meeting. When we were on a visit to Russia, we tried to give a gift - the normal gifts that we give - and the Deputy Minister for Interior refused to accept it. He said that it may be construed to be a

October 1st, 2015 SENATE DEBATES

A bribe. We were completely embarrassed when

October 1st, 2015 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. I really respect the Chair and do not want to be misunderstood on this matter. I ended by saying that you have the final word and I abide by it. So, I hope that makes it clear.

That is correct. The only problem is that on your way to that finality, a few other issues had been raised. I agree with you on that. That is a summary. Order, Members! We are still on Statements. I will make a short Communication and then allow the Chair of Committee on Agriculture, Livestock and Fisheries.

On a point of order, Mr. Speaker, Sir. I have heard you say that we are going to Mombasa courtesy of a member of the Senate, but you did not make it clear. If it is the whole Senate then I do not have any problem with it, but if a member of the Senate or any member of the public is seen to be paying for the Senate to do its official business, it has many consequences about integrity and accountability. It is something which must be totally frowned upon. Unless this matter is made very clear, some of us may not want to be party to that meeting. When we were on a visit to Russia, we tried to give a gift - the normal gifts that we give - and the Deputy Minister for Interior refused to accept it. He said that it may be construed to be a

October 1st, 2015 SENATE DEBATES

A bribe. We were completely embarrassed when

“I am not going to accept that because it does not look right.”

Hon. Senators, this is to bring to your attention that plenary sittings of the East African Legislative Assembly (EALA) will be held here in Nairobi from the 6th to 14th October, 2015. This will be the second meeting of the Fourth Session of the Third Assembly of EALA. Hon. Senators, His Excellency the President of the Republic of Kenya, the hon. Uhuru Kenyatta CGH, has graciously requested your Speaker to address a Special Sitting of the Assembly on his behalf on Tuesday, 6th October, 2015 at 11.00 a.m. This particular sitting will be held in the Senate Chamber. In this respect, I wish to invite all of you to this auspicious occasion. We now resume to statements. Proceed, Sen. Murungi.

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Order Sen. Hassan, this has nothing to do with Mombasa County. Proceed, Sen. Murungi.

Mr. Deputy Speaker, Sir, on the onset, I wish to thank the Chair of the Committee on Agriculture, Livestock and Fisheries for the answer he has given. While I thank him, I want to say that I am really disappointed, more so on the fact that last year, as per the request by the farmers, there was a subsidy on the cost of fertilizer for tea irrespective of the economy of the country which had not changed much and the farmers had a subsidy of Kshs321.

Sen. (Prof.) Lesan, you were seeking a clarification.

October 1st, 2015 SENATE DEBATES

Mr. Speaker, Sir, I rise to make a response to Sen. (Prof.) Lesan who requested the Chairman of the Senate Standing Committee on Agriculture, Livestock and Fisheries to respond to the following issues:-

Are you requesting the Chairman to go and come back with a further Statement or you are asking for time to go and read the statement so that you can understand it better?

October 1st, 2015 SENATE DEBATES

No! No! It is abnormal for us to defer an issue so that you can come back again if you are not satisfied with it. The trouble here is that you do not appear to have read the statement which means I do not know how you are seeking clarifications.

Mr. Deputy Speaker, Sir, I was making a response on this as to what I have heard and read---

I want to assist you. We are dealing with a very sensitive area called tea. So, if you do not feel like you are fully satisfied with this issue or

October 1st, 2015 SENATE DEBATES

Mr. Deputy Speaker, Sir, let me make it clear. I actually have not read the statement and I would really want to go and read it again. I now ask that I come back to the House again and request the Chairman to---

Now that is the problem because already we have spent about 30 minutes on an issue that was going to be deferred anyway. If you had told me or the Speaker that you had not read the statement, maybe I would have looked at it differently and allowed you more time and asked Sen. Murungi to issue it at a different day.

Mr. Deputy Speaker, Sir, I want to make some contribution towards the tea industry. I do not know what your ruling has been of late.

You can only seek a clarification. There is no debate. It is a statement that has been issued. Let me propose a way forward for this issue because we might spend a lot of time on an issue that we are not going to finish. I am surprised that Sen. (Prof.) Lesan agreed to stand on his feet and seek clarification on a statement that he had not read and which he says was not even read in full by the Chairman of the Committee. This means that he cannot be clear in his mind. I would suggest that this statement be furnished to Sen. (Prof.) Lesan and any Senator who also wants to have a copy of it like Sen. Karaba. You should get it from the dispatch office so that we can have sufficient ground on which to interrogate. Otherwise, we will be spending time for nothing. Sen Murungi, may I request that you are not going to issue the statement again. However, if it is on Tuesday or whatever other day next week, I will grant leave for Sen. (Prof.) Lesan to interrogate it. Tuesday does not look convenient, may be Wednesday or Thursday.

Mr. Deputy Speaker, Sir, I will be ready on Tuesday.

October 1st, 2015 SENATE DEBATES

Mr. Deputy Speaker, Sir, I am satisfied.

Good. Is there any other statement being issued? Sen. Khaniri yours is on the Sessional Committee on Devolved Government?

Yes, Sir.

I thought Sen. Lesuuda was here.

Indeed, Mr. Deputy Speaker, Sir, she was here.

Sen. Okongo, you were also expecting a statement from the Chairman. Sen. Adan, are you ready?

Mr. Deputy Speaker, Sir, I am satisfied.

Good. Is there any other statement being issued? Sen. Khaniri yours is on the Sessional Committee on Devolved Government?

Yes, Sir.

I thought Sen. Lesuuda was here.

Indeed, Mr. Deputy Speaker, Sir, she was here.

Sen. Okongo, you were also expecting a statement from the Chairman. Sen. Adan, are you ready?

On a point of order. Mr. Deputy Speaker, Sir. It is unacceptable that we do not have a statement with regard to the question that Sen. Okongo asked on the case of Don Bosco. This is a young man who was incarcerated over two and a half years ago, as I speak now, in Tanzania, without any complainant being raised. It is a serious matter. This young man has a family that has been suffering without having the benefits of having a bread winner. He is a young man who had great businesses in this country which have been disrupted. Therefore, I find it unacceptable because he comes from my Kisii County. Up to now, two and a half years later, no action has been taken and the way in which we are getting the reply, with due respect to my sister, the Deputy Chair of this Committee, I find that that answer extremely unacceptable.

Sen. Okongo, are you satisfied with the explanation by Sen. Adan?

Not really, Mr. Deputy Speaker, Sir. As my colleague, Sen. Ong’era has mentioned, at least, they could come with something. Not just to say that it s is not ready. It means they have not even communicated with the relevant Ministry. Reluctantly, I would ask the Chair to take this matter seriously and we expect a very substantive and elaborate answer on this. As Sen. Ong’era has mentioned, this is a very serious issue. The family of the businessman is suffering and he is a Kenyan. If the Government of Kenya cannot protect her citizen who is incarcerated in a friendly country, who will then?

I oblige.

October 1st, 2015 SENATE DEBATES

Yes, Mr. Deputy Speaker, Sir, but let me inform Sen. Mong’are that we discussed this matter even yesterday in our Committee meeting. We really urged the clerk to follow it up with the relevant Ministry. So, by next week, we will have an answer for him.

That is encouraging. We will have the Statement on Wednesday next week.

On a point of order. Mr. Deputy Speaker, Sir. It is unacceptable that we do not have a statement with regard to the question that Sen. Okongo asked on the case of Don Bosco. This is a young man who was incarcerated over two and a half years ago, as I speak now, in Tanzania, without any complainant being raised. It is a serious matter. This young man has a family that has been suffering without having the benefits of having a bread winner. He is a young man who had great businesses in this country which have been disrupted. Therefore, I find it unacceptable because he comes from my Kisii County. Up to now, two and a half years later, no action has been taken and the way in which we are getting the reply, with due respect to my sister, the Deputy Chair of this Committee, I find that that answer extremely unacceptable.

Sen. Okongo, are you satisfied with the explanation by Sen. Adan?

Not really, Mr. Deputy Speaker, Sir. As my colleague, Sen. Ong’era has mentioned, at least, they could come with something. Not just to say that it s is not ready. It means they have not even communicated with the relevant Ministry. Reluctantly, I would ask the Chair to take this matter seriously and we expect a very substantive and elaborate answer on this. As Sen. Ong’era has mentioned, this is a very serious issue. The family of the businessman is suffering and he is a Kenyan. If the Government of Kenya cannot protect her citizen who is incarcerated in a friendly country, who will then?

I oblige.

Thank you, Sen. Okongo. I wanted to know that you have accepted that it be deferred to next week. So it will be on Wednesday, you said so Sen. Adan?

Yes, Mr. Deputy Speaker, Sir, but let me inform Sen. Mong’are that we discussed this matter even yesterday in our Committee meeting. We really urged the clerk to follow it up with the relevant Ministry. So, by next week, we will have an answer for him.

That is encouraging. We will have the Statement on Wednesday next week.

If you look at your Order Paper, we are considering the final item “g,” under Statements. There was a Statement to be given on quack doctors.

That is exactly what I answered. We will bring the answer in two weeks time.

Sen. Wangari is not seeking a Statement for the first time. It was due today and she is wondering why it has not been delivered. I was asking whether you can shed any light, but, obviously, you cannot.

Mr. Deputy Speaker, Sir, it is not ready today. I require another two weeks.

On a point of order, Mr. Deputy Speaker, Sir. It is quite unfortunate that the Senator is actually answering in a very casual manner. This Statement has been pending for two weeks. I got an SMS today from the Clerk’s Office informing me that this Statement is ready. I still do not know why it was sent to me, because that is not normally the procedure. But most important, that request for the Statement had very urgent issues. It had the issue of the children who had died in Elgeyo-Marakwet out of a measles jab and they have already been buried. It also had the case of the quack doctor, Mugo Wairimu, that is ongoing. We needed to get an update. There are very many issues surrounding the quack doctors. This Statement actually needs to be prioritized by the Committee.

October 1st, 2015 SENATE DEBATES

On a point of order, Mr. Deputy Speaker, Sir. I was hoping that the Statement would be issued today, but I want to also excuse myself because I will not be in next week. I request that you direct that the Statement be brought to the Floor on Tuesday of the following week.

Then it cannot be as urgent as you made it appear. If it was urgent, you would have let it be given anyway because it is the property of the House.

Mr. Deputy Speaker, Sir, you appreciate that I was standing in for the Chair and Vice-Chair. I may not have been privy to the discussions between Sen. Wangari and the Clerk’s Office. Therefore, I am not sure whether the Statement will be ready on Wednesday, as you have ordered, but I will try, knowing that I have no other information. As you may know, the Chairperson is sick and the Vice-Chairperson is out of the country. So, I am being given a herculean task to look for this information. Give me at least two weeks.

It does not appear urgent anymore. In any case, Sen. Wangari will not be here. So, it will be delivered when it is next on the Order Paper. What is your point of order, Sen. Karaba?

October 1st, 2015 SENATE DEBATES

I am directing that the Statement be issued next week on Wednesday because of the Joint Sitting on Tuesday. Sen. Machage, I asked you for an indication and I suspect you had not quite seen the Statement sought. You might not be fully seized of the issue. I, therefore, request that the Statement be given on Wednesday, 7th October, 2015, during Statements time. Is that okay?

On a point of order, Mr. Deputy Speaker, Sir. I was hoping that the Statement would be issued today, but I want to also excuse myself because I will not be in next week. I request that you direct that the Statement be brought to the Floor on Tuesday of the following week.

Then it cannot be as urgent as you made it appear. If it was urgent, you would have let it be given anyway because it is the property of the House.

Mr. Deputy Speaker, Sir, you appreciate that I was standing in for the Chair and Vice-Chair. I may not have been privy to the discussions between Sen. Wangari and the Clerk’s Office. Therefore, I am not sure whether the Statement will be ready on Wednesday, as you have ordered, but I will try, knowing that I have no other information. As you may know, the Chairperson is sick and the Vice-Chairperson is out of the country. So, I am being given a herculean task to look for this information. Give me at least two weeks.

It does not appear urgent anymore. In any case, Sen. Wangari will not be here. So, it will be delivered when it is next on the Order Paper. What is your point of order, Sen. Karaba?

October 1st, 2015 SENATE DEBATES

When was that?

Which case, Sen. Karaba?

Item (c) under Statements in the Order Paper.

What do you mean when you say that you have just seen it?

It had not been requested by anybody. I have just seen it in the Order Paper?

Mr. Deputy Speaker, Sir, the Committee has today received the response to the Statement that Sen. Khaniri sought, with regard to the operations and terms and conditions of service for county security and enforcement officials and what the national Government and county governments are doing to ensure that there is uniform training platform for them. After receiving the response from the Cabinet Secretary for the Ministry of Interior and Coordination of National Government, we felt, as a Committee, that he only responded to the first question. He said that so far there are no standards which are operational. We felt that he did not dwell on the other questions that sought what the national Government and county governments are doing. I did communicate to Sen. Khaniri, that as a Committee, we will deliberate on the issue and write back to the Cabinet Secretary, so that we can get a proper response to the questions that he raised.

October 1st, 2015 SENATE DEBATES

How would I know? It is supposed to be given today.

I have been here all the time and would have heard about it.

Order, Sen. Karaba. What you need to do, in my considered opinion, is to consult with the Clerk’s Office and the HANSARD, because it is unlikely that a Statement would be slotted in the Order Paper if it had not been sought. It would be fairer for you to say that you are not aware of it but you cannot say that it was not sought. I advise you to liaise with the Clerk’s Office; you might get some way forward.

Sen. Lesuuda, you have a Statement to issue.

Mr. Deputy Speaker, Sir, I withdraw that word and state that the answer that has been given does not meet the threshold.

October 1st, 2015 SENATE DEBATES

Thank you, Mr. Deputy Speaker, Sir.

On a point of order, Mr. Deputy Speaker, Sir. I wish to draw your attention to a ruling that you made at the beginning of this week; that when we have visitors in the Public Gallery you might not be aware of their presence. We have students seated in the Public Gallery, and I am not sure whether you have been informed about it. Could they be recognized before they leave?

I think you may have been in the House yesterday or watched the proceedings when this issue came up. Sen. Orengo correctly summed up the issue; that when there are visitors in the Public Gallery, unless, there is a special interest and the Speaker is informed about it, it is not a requirement that the Speaker must recognize them. But we do it out of courtesy, particularly when they are students because that they come here to learn. You may need to look at yesterday’s HANSARD because the matter was canvassed at great length and concluded, in my opinion, on the point which was made by Sen. Orengo. There is a way that things are done. If I am informed by the Clerk’s Office, I will do what is necessary. But from where you are sitting, you do not even have any details at all about who is in the Gallery.

Mr. Deputy Speaker, Sir, I just wanted to add that Sen. Ong’era, being a Member of the Committee, I hope that she will also input to the riders and other issues, so that we can have a comprehensive Statement. So that we are sure that the Statement will be ready, I request for two weeks.

Sen. Khaniri is not here. I will grant you two weeks. That is the end of Statements.

October 1st, 2015 SENATE DEBATES

Hon. Senators, the Bills under Order Nos.8 and 9 were up for Division yesterday. The Division Bell was rung but we did not make a threshold for voting. Quite obviously, today, we are nowhere near the threshold. So, I will defer Order Nos.8 and 9.

On a point of order, Mr. Deputy Speaker, Sir. I wish to draw your attention to a ruling that you made at the beginning of this week; that when we have visitors in the Public Gallery you might not be aware of their presence. We have students seated in the Public Gallery, and I am not sure whether you have been informed about it. Could they be recognized before they leave?

I think you may have been in the House yesterday or watched the proceedings when this issue came up. Sen. Orengo correctly summed up the issue; that when there are visitors in the Public Gallery, unless, there is a special interest and the Speaker is informed about it, it is not a requirement that the Speaker must recognize them. But we do it out of courtesy, particularly when they are students because that they come here to learn. You may need to look at yesterday’s HANSARD because the matter was canvassed at great length and concluded, in my opinion, on the point which was made by Sen. Orengo. There is a way that things are done. If I am informed by the Clerk’s Office, I will do what is necessary. But from where you are sitting, you do not even have any details at all about who is in the Gallery.

I wish to give a short Communication and not because Sen. Karaba intervened. I wish to recognize the presence of pupils and teachers from Chepkitony Primary School in Elgeyo-Marakwet, seated in the Public Gallery, who are visiting the Senate today. As you all know, the tradition of receiving and welcoming visitors to Parliament is a long time tradition and one which we shall endeavor to continue upholding. On behalf of the Senate and my own behalf, I extend a warm welcome to the teachers and pupils of Chepkitony Primary School and wish them a good learning experience here in the Senate today. I also wish to mention to them that in normal circumstances, their Senators would be here and I would have allowed him to say a word or two. Sen. Murkomen is out of the country on official duty and that is the reason he is not in the House this afternoon. Once again, I wish to extend to you a very warm welcome to the Senate this afternoon.

Sen. Khaniri is not here. I will grant you two weeks. That is the end of Statements.

October 1st, 2015 SENATE DEBATES

Hon. Senators, the Bills under Order Nos.8 and 9 were up for Division yesterday. The Division Bell was rung but we did not make a threshold for voting. Quite obviously, today, we are nowhere near the threshold. So, I will defer Order Nos.8 and 9.

I wish to give a short Communication and not because Sen. Karaba intervened. I wish to recognize the presence of pupils and teachers from Chepkitony Primary School in Elgeyo-Marakwet, seated in the Public Gallery, who are visiting the Senate today. As you all know, the tradition of receiving and welcoming visitors to Parliament is a long time tradition and one which we shall endeavor to continue upholding. On behalf of the Senate and my own behalf, I extend a warm welcome to the teachers and pupils of Chepkitony Primary School and wish them a good learning experience here in the Senate today. I also wish to mention to them that in normal circumstances, their Senators would be here and I would have allowed him to say a word or two. Sen. Murkomen is out of the country on official duty and that is the reason he is not in the House this afternoon. Once again, I wish to extend to you a very warm welcome to the Senate this afternoon.

October 1st, 2015 SENATE DEBATES

Thank you very much, Mr. Deputy Speaker, Sir, for allowing me to appreciate the presence of students from Elgeyo-Marakwet. I know it is a long distance to Nairobi. They must have had a purpose to come to the Senate. For them to choose to come to this House is a great moment. I wish them the best of luck and moreso, I wish them success in their forthcoming exams.

Sen. Melly, you may now move your Motion.

Mr. Deputy Speaker, Sir, thank you for giving me an opportunity to move this important Motion.

Sen. Ong’era, you know that in this House, we have the Majority and the Minority.

On behalf of the Minority, I want to welcome the students of Chepkitony Primary School from Elgeyo-Marakwet County. They are most welcome to learn the functions of Parliament particularly the Senate, which as we are all aware under Article 96 of the Constitution, our function is to protect the interests of county governments and the counties themselves. I want to tell the young students that it is unfortunate that their son, who is the Senator for Elgeyo-Marakwet is not here but, nevertheless, he is a distinguished Senator and an illustrious son of Elgeyo-Marakwet; a flamboyant and eloquent speaker in this House. I hope that these students can rise up one day to be like the distinguished Senator of Elgeyo-Marakwet.

Finally, the Chairman of the Committee on Education, Sen. Karaba.

Thank you very much, Mr. Deputy Speaker, Sir, for allowing me to appreciate the presence of students from Elgeyo-Marakwet. I know it is a long distance to Nairobi. They must have had a purpose to come to the Senate. For them to choose to come to this House is a great moment. I wish them the best of luck and moreso, I wish them success in their forthcoming exams.

Sen. Melly, you may now move your Motion.

Mr. Deputy Speaker, Sir, thank you for giving me an opportunity to move this important Motion.

On a point of order, Mr. Deputy Speaker, Sir. I do not wish to interrupt the distinguished Senator from Uasin Gishu, but did you notice that the distinguished Sen. Melly is actually reading his speech instead of moving the Motion. Is he in order?

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THAT, WHEREAS Kenya is traditionally known for its outstanding performance in athletics especially in middle and long distance running;

October 1st, 2015 SENATE DEBATES

Order, Senator. Just one minute. Just for the record and for the benefit of Members, when the Notice of Motion was given earlier in the afternoon, the Speaker emphasized that it was by leave of the Senate and that is what appears on the Order Paper. It is good that all of you are acquainted with the Standing Orders. It was given by leave of Senate and it is assumed under Standing Order No.2 (1) (a) . For the record, we are proceedings procedurally and there is no breach of the Standing Orders. Sen. Melly, you may proceed.

Thank you for that clarification. Mr. Deputy Speaker, Sir, I was saying that as a country, we are well respected internationally because of our sportsmen and sportswomen. They are our nation’s pride. We owe them because they are selfless and have put our country high in the community of sporting nations. They are indeed our ambassadors. The importance of sports in Kenya cannot be overstated. The sector has created thousands of jobs for many people who would otherwise be

October 1st, 2015 SENATE DEBATES

October 1st, 2015 SENATE DEBATES

Thank you for allowing me. I wanted to point out the issue of doping as one of the challenges affecting our athletes. Lately, some of our athletes have been banned from participating in various sports due to doping. It is a sad state of affairs as such cases impact heavily on sports careers. Stringent measures must be put in place to ensure that our sports persons are not misled by their managers. Those found to have compelled them to use banned substances should be banned from managing our athletes. I also call upon the sports associations and Federationss of this country to align their constitutions with the country’s new Constitution. That way, sub-county and national levels can be actively involved in competitions and choosing their leaders in accordance with the Sports Act 2013. Sportsmen and women should have the upper hand in leadership and election of their respective Federationss. Mr. Deputy Speaker, Sir, we have seen a number of our athletes suffer in their retirement. We are all aware of the difficulties that sports people such as veteran footballers, Joe Kadenge and James Siang’a and many others, are facing financially or otherwise. It would be a great betrayal to our sportsmen and women, if we forget them and let them suffer despite bringing this country overwhelming pride. The Government should consider setting up a fund for our heroes and heroines to benefit from during their retirement. I think it is evident to all of us on exactly what our athletes have done for this country. Kenyans are happy every time that they see a gold, silver and even bronze medalist. The reason is that these athletes have demonstrated the spirit of patriotism that they are Kenyans and not coming from specific tribes of this country. The unity of our country has been demonstrated very well whenever our athletes win medals in championships within and outside the country. As I conclude, let me echo these words, “Unless we have leadership in this country, the department of our sportsmen and sportswomen may not prevail in the coming years.” Mr. Deputy Speaker, Sir, unless there is a strategy starting from the leadership of the Ministry, different Federationss under sports; football, athletics and ball games, we must see that as realistic. I think as the Senate, we have what it takes to follow up on that and ensure that we regain our lost glory in terms of all the sports.

October 1st, 2015 SENATE DEBATES

Thank you, Mr. Deputy Speaker, Sir. From the outset, let me take this opportunity to thank the youthful Senator, who also doubles as the Captain for the Senate for bringing this Motion to congratulate our athletes who really did Kenya proud in the last International Association of Athletics Federations (IAAF) championships, and in the just concluded All Africa Games in Congo Brazzaville. Since Independence, Kenya has been a powerhouse in all events specifically athletics, which we have been known for from the times of Kipchoge Keino, Nyandika Maiyoro and others. The Mover of the Motion has mentioned challenges bedeviling these sportsmen and women. He has spoken of challenges whereby we glorify these athletes when they have won medals. However, back home, huge taxes are imposed on them on training kits, their investments and winning prices. Mr. Deputy Speaker, Sir, I have been a consultant and a coach in the athletics field for over ten years; I have nurtured a number of talents. The challenge of the present and past governments is that when an athlete is running abroad, he has an agent who takes taxes on the athlete. When this youngman or woman comes to Kenya, taxes are also imposed by the mother country which has no facilities. What are these taxes for if the Government cannot give incentives to these young talents? Some of these athletes sometimes drop out of school because of either poverty or lack of support from Government. So, the only field and way to sacrifice their lives to make a living is through athletics. When Kenyans hear an athlete has won a race and received US$100,000, they think that this is something which was won in a day. If our media could go behind the scenes to see how many hours these athletes put in training and the kind of diet that they feed on, it is terrible. However, these men and women make us proud. When you see the national flag raised in China or wherever else, all Kenyans from all walks of life stand up to cheer these athletes. They bring solidarity and a sense of nationalism which fails and fades as some of these athletes fall into vagaries and challenges of life; like quick money, drugs and beer. As we recognise other talents, we also need to work on a framework. I am told that The Sports Act 2013 is in place and it has a number of ways of achieving Vision 2030 in terms of infrastructural development to assist these athletes. For instance, in Nairobi County, pupils and students in schools do not have playgrounds. There are now big game parks and all the land has been grabbed. It is important that we stand and fight for the rights of these athletes so that they can know what is beneficial for them and the country as a whole. Mr. Deputy Speaker, Sir, the budgetary allocation in the Ministry of Sports, Culture and Arts, it is a meagre amount. When we debated the budgetary allocation here, we realised that the National Assembly hid some money for the Committee on the Finance, Planning and Trade. An amount of Kshs10 billion was hidden to be used by Members of those budgetary committees, whereas such kind of money can be put to good use---

Order, Senator! I would not like you to go against our Standing Orders. Unless you have very good facts, I cannot allow you to impute what would appear to be an improper motive on our sister House.

Mr. Deputy Speaker, Sir, as we debate the level of allocation – we are glad that we have the Chairperson of the Committee on Finance Commerce and Budge there – there are some allocations which were not well explained. However, I stand guided and I withdraw that remark.

October 1st, 2015 SENATE DEBATES

Mr. Deputy Speaker, Sir, I rise to support this Motion because it is significant and worthwhile. It draws our attention to a very important sector of our society that is hardly recognized, except when we see the performance on television. As the Mover said, this

October 1st, 2015 SENATE DEBATES

October 1st, 2015 SENATE DEBATES

I must remind you the rules of debate. You either choose to speak in English or Kiswahili and you have chosen English and you proceed in that line.

My apologies, Mr. Deputy Speaker, Sir. I apologise and I will continue in English. It is important that we bring out this sport to the rest of the country so that this nation feels this is athletics for Kenya and those people are Kenyans, they need to be taken to Mandera, they need to be flown by the Government to Mombasa, they need to be paraded in those trucks to Nairobi so that people can know these are the people who are doing us proud in this country and globally. The Government needs to do that, not to lift them from the Jomo Kenyatta International Airport and rush them to Eldoret. I do not think that is good because when you travel out of this country, you will be asked about the athletes and who won the javelin medal and you do not know the name. It is important that as a nation, we promote them by waiving double taxation that the Mover talked about. Why do you tax a person who has brought glory to this nation? The Government can waive tax for them. It is not something earned every day. He gets some little allowance and he can go and invest that money in his training and family so that he can concentrate in that activity. Even if you want to tax it, reduce it significantly but where this athlete is already taxed in another country, for heaven’s sake, do not tax him again. It does not help. It is a disincentive and one of the things that discourages these sportsmen.

Mr. Deputy, Speaker, Sir, the state of the training facilities has been mentioned. If you go to one of our stadia across this country, I watched on television the famous Kipchoge Keino Stadium a few years ago - may be it has been renovated - that stadium was in a dilapidated condition. It is a disaster yet the name of that person is known nationally and globally but the stadium named after him is in total disrepair yet international sportsmen are coming to train in them. A few months ago, the British sprinter, Mo Farah, was spotted in the midday in Uasin Gishu, Eldoret, training. There are many who come there because of the altitude yet we do not even invest nor have a system of taking advantage of those facilities and encouraging the sports industry the Mover mentioned.

In any industry, you maximize on your competitive and distinctive advantage. In this country, it is known we do not perform very well in soccer, for example, but we perform well in athletics. Why do we not put in more resources, time, effort and investments into athletics so that we become the global leader in that? You do not go into ten different activities but your

October 1st, 2015 SENATE DEBATES

Thank you, Mr. Deputy Speaker, Sir, for the opportunity so that I also support this Motion. I congratulate the distinguished Senator for Uasin Gishu for moving this very important Motion that seeks to honour our athletes and look for a resolution by this Senate to develop an award scheme for them. I also congratulate the Seconder of the Motion, the distinguished Senator for Nyamira. Mr. Deputy Speaker, Sir, I also take this opportunity to congratulate all our athletes who performed extremely well in the just concluded World Athletics Championships in Beijing and

October 1st, 2015 SENATE DEBATES

October 1st, 2015 SENATE DEBATES

October 1st, 2015 SENATE DEBATES

I do not think that is what Sen. Ong’era said. I think she is questioning the longevity of some people in certain positions. However, what I am wondering about is whether these are elective positions or whether those people have imposed themselves in the organisations. That will also be an important point to consider. You may proceed.

October 1st, 2015 SENATE DEBATES

Mr. Deputy Speaker, Sir, I support this wonderful Motion tabled by Sen. Melly who is also the chairman of the sports club in the Senate. He is the right person to have moved this Motion which was seconded by Sen. Okong’o. He is fit to be an athlete but I do not know whether he has ever been one. I have personally participated in athletics.

October 1st, 2015 SENATE DEBATES

On a point of order, Mr. Deputy Speaker, Sir. Is the hon Senator in order to impute improper motives on the older generation in this country by suggesting that when you get a little old, you cannot perform despite your experience?

October 1st, 2015 SENATE DEBATES

I do not think that is what Sen. Ong’era said. I think she is questioning the longevity of some people in certain positions. However, what I am wondering about is whether these are elective positions or whether those people have imposed themselves in the organisations. That will also be an important point to consider. You may proceed.

Mr. Deputy Speaker, Sir, what I meant is: Why should such people stay in office for so long when we can inject new blood so that we have more progress and enhance sports in this country? Mr. Deputy Speaker, Sir, the Government should use the upcoming Mashujaa Day to award our athletes – we will talk about some of the awards in this Senate – and recognise them for the good work they did in Beijing. I know that there are many private schools. However, I will be happy to see the establishment of a training school funded by the Government for our upcoming young athletes so that we not only have athletes from one region but also from other regions being trained and learn sports, so that they also bring glory to this country. Mr. Deputy Speaker, Sir, I would like to conclude by supporting the person who said that Kenya is a hotbed of champions. Indeed, it is so. I have a quote here by the Rt. Hon. Raila Amolo Odinga that was in the social media which I thought was very interesting. I would like to read it.

“I offer my congratulations to Team Kenya for the remarkable run that has seen our nation open a new chapter in athletics history books by emerging on top of the world. There is no prouder moment to be a Kenyan.” I thank you, Mr. Deputy Speaker, Sir, and beg to support.

Mr. Deputy Speaker, Sir, I support this wonderful Motion tabled by Sen. Melly who is also the chairman of the sports club in the Senate. He is the right person to have moved this Motion which was seconded by Sen. Okong’o. He is fit to be an athlete but I do not know whether he has ever been one. I have personally participated in athletics.

Tell us; that must have been a very long time ago.

You can proceed.

October 1st, 2015 SENATE DEBATES

October 1st, 2015 SENATE DEBATES

What is your point of order, Sen. Karaba?

Mr. Deputy Speaker, Sir, I want to inform my friend, Senator---

Does he want to be informed?

Yes, Mr. Deputy Speaker, Sir. Initially, he had said that all those champions come from the Rift Valley region, it is not true but he has corrected himself by saying that even Somalis, Kikuyus and Kambas participate.

Bw. Naibu Spika, sitaki kusema kwamba uzee umemuingia mwenzangu. Nilisema kuhusu hata Wakuria, Wakisii na makabila mengine yote 42. Hata Mmasaai anaweza kufanya vizuri katika mbio za nyika. Kuna michezo mingi ambayo inastahili kuungwa mkono. Kuna Mkenya mmoja ambaye amefanya vizuri katika mchezo wa kurusha mkuki licha ya kuwa alijifunza mchezo huo mwenyewe kupitia mtandao. Hivi sasa tunampigia makofi na vigelegele. Kuna mchezo mwingine wa kurusha mishale kupitia upinde. Mmeru au Mkuria akipewa nafasi hiyo anaweza kufanya vizuri. Hata hivyo, wengi wao hawajui kwamba kuna mchezo kama huo. Pia, kuna mchezo wa kutupa sahani na jiwe kuu. Hii ni michezo ambayo Wakenya wengi wanaweza kufanya vizuri. Nina uhakika kwamba Sen. Karaba akipata nafasi hiyo anaweza kuitupa mbali sana. Lakini wengi wetu tunafikiri kwamba michezo inahusu tu riadha. Baada ya wanariadha wetu kufanya vizuri kule ng’ambo, wanaporudi nchini wanapokelewa na Waziri siku zingine. Lakini wakati mwingi wanarudi na kupokelewa na jamii zao tu. Hata magazeti huripoti habari hizo katika kurasa zao za mwisho. Hii ni licha ya kwamba wanariadha wetu wanatuletea rasilmali kubwa hasa pesa za kigeni wakati utalii na kilimo cha kahawa na chai kimeathirika. Shukurani yetu ni mateke ya punda. Nawasifu na kuwashukuru wengi wa wanariadha wanaorudi nchini na kuekeza pesa zao vizuri. Wengi wamejenga nyumba, hoteli nzuri na maduka makubwa. Je, kama sisi ni wazalendo, tumewafanyia nini? Tukiwatambua, kuwatuza medali wanazostahili vile Sen. Melly alisema, huenda tukawatia moyo wengine ambao wana vipawa ili wafanye vizuri. Wengi wao wanapatikana katika shule, lakini pia kuna wale hawakuenda shule na wanaweza kukimbia. Mtu hahitaji kuwa na elimu ya kemia au kufika Darasa la Nane au Kidato cha Nne ili atambulike kwamba anaweza kukimbia. Kwa hivyo, tunafaa kuunda sera na desturi mashinani za kuwatambua hata wale wanariadha ambao hawakuenda shule. Kuna wanariadha wengi kama hao kule vijijini. Hawana namna ya kutambulika kwa sababu hawakupata nafasi ya kwenda shule. Viwanja vinafaa kujengwa katika vijiji ili watu wote wenye vipaji wapate nafasi. Hatua hii itawapa nafasi wanariadha wote hata wale hawakuenda shule na wale wanaojificha kule mashinani.

October 1st, 2015 SENATE DEBATES

Thank you, Mr. Deputy Speaker, Sir, for giving me an opportunity to also add my voice on this very important Motion that has been brought before this House by Sen. Melly. He comes from an area which has continued to produce people who have made this country very proud. I also congratulate him for being the Chairman of the Senate Sports Team. It is never too late to pass our congratulations, but it is also a time for us to reflect on what needs to be done better. We need to add address some of the issues that have been raised by my colleagues that surround sports in general and also athletics since it is the matter that we are discussing this afternoon. I think Sen. Ong’era read my mind, because I also wanted to name them. It is a nice feeling to hear your name being called out for doing exemplary work. The same way they carry our flag very high when they are out there, they should also be remembered and celebrated even at an individual level once they are back home. Many of us may not really know the work that these athletes do behind the scenes. We only see them when they finally run and win in their respective races. We must acknowledge that they put in a lot of effort, sacrifice and resilience. They do not win everytime. Sometimes they run and lose, but their resilience and sacrifice to continue trying until they win is something that we must celebrate. We must acknowledge the efforts that these athletes put into the work they do. As my colleagues have said, for most of them athletics is their career. Most of us are trained in different professions, but there is always something that we can fall back to. But we should remember that most of our athletes and sportsmen and women, because of the dedication and sacrifice they put into sports, might not be able to advance their education. Therefore, they may not have a fall back plan. Therefore, I agree with my colleagues who have said that as a country, we should cushion and allow them to enjoy the benefits of their career. We know that one’s career in sports and athletics can be quite short, because of the energy levels. Therefore, when they are at their peak, it is important for us as a country to think how we can waive the taxes on the money they get when they run out of the country. We should also remember that sometimes they participate in sports events which do not have monetary appreciation or value. They only run because they want to represent our country and fly our flag high. Therefore, I agree with my colleagues that we have to think of how to cushion our sportsmen and women out there. I agree with the Senator for Migori County on the issue of remembering young people out there who may not have the privilege of going through formal schooling. The places where we can nurture these talents are in our learning institutions. I know this because I was a student in Iten, ‘the home of champions’. I went to Sing’ore Girls Secondary School which produced so many athletes. Those athletes have continued to make this country proud; for example, Janeth Chepkosgei and many others, who I studied with. Our neighbouring school, St. Patrick Iten, where Sen. Murkomen studied, also nurtured a number of athletes. There was always the aspect of schools nurturing and giving students an opportunity to train. Sometimes students would miss classes because they were participating in sports. We must encourage our learning institutions to create time for extracurricular activities. They should support students who show interest in sports and excel in other disciplines.

October 1st, 2015 SENATE DEBATES

October 1st, 2015 SENATE DEBATES

Thank you, Sen. Lesuuda. Sen. Melly, you may now reply.

Thank you, Mr. Deputy Speaker, Sir. I take this opportunity to thank all the Members who have made their contribution to this very important Motion. There are other things that we may have left out, but I know that we still have time to walk as a family in ensuring that we recognise and reward our athletes. Let me point out a few issues. The first one is the depreciating standards of our volleyball team. For the first time, our men’s volleyball team did not participate in the All Africa Games. You cannot imagine that a young team like Rwanda played up to the semi-finals, led by the one who was a coach of this country for some time, my neighbour, Mr. Paul Bitok. He is now the national coach for Rwanda. I think he went to Rwanda because of some few frustrations here and there. Having said that, I think the history of this country has it that Kenya does not do well in track events especially the short races. The time when we used to say that Kenya cannot compete in these short races is gone. From what we experienced in Beijing, China – again my neighbor, the young man who won 400 metres hurdles – is the best example that this country has come to a level where it can produce the best athletes for 100 and 200 metres and the relays.

October 1st, 2015 SENATE DEBATES

Thank you, Mr. Deputy Speaker, Sir, for giving me an opportunity to also add my voice on this very important Motion that has been brought before this House by Sen. Melly. He comes from an area which has continued to produce people who have made this country very proud. I also congratulate him for being the Chairman of the Senate Sports Team. It is never too late to pass our congratulations, but it is also a time for us to reflect on what needs to be done better. We need to add address some of the issues that have been raised by my colleagues that surround sports in general and also athletics since it is the matter that we are discussing this afternoon. I think Sen. Ong’era read my mind, because I also wanted to name them. It is a nice feeling to hear your name being called out for doing exemplary work. The same way they carry our flag very high when they are out there, they should also be remembered and celebrated even at an individual level once they are back home. Many of us may not really know the work that these athletes do behind the scenes. We only see them when they finally run and win in their respective races. We must acknowledge that they put in a lot of effort, sacrifice and resilience. They do not win everytime. Sometimes they run and lose, but their resilience and sacrifice to continue trying until they win is something that we must celebrate. We must acknowledge the efforts that these athletes put into the work they do. As my colleagues have said, for most of them athletics is their career. Most of us are trained in different professions, but there is always something that we can fall back to. But we should remember that most of our athletes and sportsmen and women, because of the dedication and sacrifice they put into sports, might not be able to advance their education. Therefore, they may not have a fall back plan. Therefore, I agree with my colleagues who have said that as a country, we should cushion and allow them to enjoy the benefits of their career. We know that one’s career in sports and athletics can be quite short, because of the energy levels. Therefore, when they are at their peak, it is important for us as a country to think how we can waive the taxes on the money they get when they run out of the country. We should also remember that sometimes they participate in sports events which do not have monetary appreciation or value. They only run because they want to represent our country and fly our flag high. Therefore, I agree with my colleagues that we have to think of how to cushion our sportsmen and women out there. I agree with the Senator for Migori County on the issue of remembering young people out there who may not have the privilege of going through formal schooling. The places where we can nurture these talents are in our learning institutions. I know this because I was a student in Iten, ‘the home of champions’. I went to Sing’ore Girls Secondary School which produced so many athletes. Those athletes have continued to make this country proud; for example, Janeth Chepkosgei and many others, who I studied with. Our neighbouring school, St. Patrick Iten, where Sen. Murkomen studied, also nurtured a number of athletes. There was always the aspect of schools nurturing and giving students an opportunity to train. Sometimes students would miss classes because they were participating in sports. We must encourage our learning institutions to create time for extracurricular activities. They should support students who show interest in sports and excel in other disciplines.

October 1st, 2015 SENATE DEBATES

October 1st, 2015 SENATE DEBATES

Thank you, Sen. Lesuuda. Sen. Melly, you may now reply.

Thank you, Mr. Deputy Speaker, Sir. I take this opportunity to thank all the Members who have made their contribution to this very important Motion. There are other things that we may have left out, but I know that we still have time to walk as a family in ensuring that we recognise and reward our athletes. Let me point out a few issues. The first one is the depreciating standards of our volleyball team. For the first time, our men’s volleyball team did not participate in the All Africa Games. You cannot imagine that a young team like Rwanda played up to the semi-finals, led by the one who was a coach of this country for some time, my neighbour, Mr. Paul Bitok. He is now the national coach for Rwanda. I think he went to Rwanda because of some few frustrations here and there. Having said that, I think the history of this country has it that Kenya does not do well in track events especially the short races. The time when we used to say that Kenya cannot compete in these short races is gone. From what we experienced in Beijing, China – again my neighbor, the young man who won 400 metres hurdles – is the best example that this country has come to a level where it can produce the best athletes for 100 and 200 metres and the relays.

October 1st, 2015 SENATE DEBATES

October 1st, 2015 SENATE DEBATES

October 1st, 2015 SENATE DEBATES

October 1st, 2015 SENATE DEBATES

October 1st, 2015 SENATE DEBATES

Mr. Deputy Speaker, Sir, I beg to move that the HIV and AIDS Prevention and Control (Amendment) Bill (Senate Bill No.4 of 2015) be read the Second Time. Although, there is no much time but I think I will do justice to start the discussion on this Bill so that we can have good time in the next allocation. The Human Immunodeficiency Virus otherwise referred to as HIV which is the main cause of the auto-immune deficiency disease syndrome, was first diagnosed in Kenya in 1981. When I was a third year medical student in 1978, in medical school, I remember having seen cases that I could very well have catergorised as cases of this syndrome. However, scientific diagnosis was done in 1981. It has been a scourge, trauma, killer and destroyer of mankind. Mr. Deputy Speaker, Sir, the virus does not cause the disease. It just infects the white blood cells in the human body that protects it from infection, especially the T helper cell line of the white cells in the human blood and therefore, rendering the person whose white cells have been destroyed, vulnerable to any kind of infection; even the slightest cold that should take one or two days to clear by itself becomes detrimental, lethal and fatal. However, there are good signs. In Canada, the treatment of patients with this syndrome is so thorough such that studies are beginning to indicate that actually patients with HIV/AIDS now live longer than the normal populations because of the effectiveness of treatment and prevention of certain infections that afflict these individuals. This is because they have made efficient follow-up, diagnosis and treatment of patients with HIV/AIDS. They have made it efficient to diagnose that one has the virus and therefore, one can live longer with early treatment. It is for that concern that I have come up with an amendment of the Bill that governs the management of this syndrome by the Government, hence, the HIV and AIDS Prevention and Control (Amendment) Bill (Senate Bill No.4 of 2015) . It is a short amendment.

Order, Members. Sen. (Dr.) Machage, when we resume or when this Bill resumes for Second Reading, you have a balance of 55 minutes.

Order, Members! Hon. Senators, it is time now to adjourn the Senate. The Senate stands adjourned until Tuesday, 6th October, 2015 at 2.30