THE PARLIAMENT OF KENYA

Mr. Speaker, Sir, I have a petition from one citizen of Mombasa County. This is a public petition. It is anchored under Articles 1, 2, 3, 142, 10, 19, 20, 21, 22, 24, 25, 26, 27, 28, 29, 40, 43, 44, 47, 238 and 119 as read with Articles 93, 94 and 96 of the Constitution of Kenya. This is a petition for the protection of the people and the economy of the Republic of Kenya from sabotage by the subversive activities of the foreign owned and controlled telephony mobile operator, Safaricom Limited.

On a point of order, Mr. Speaker, Sir. You heard the opening statement of the Senator referring to Safaricom as a subversive foreign owned company. That is completely unacceptable.

Safaricom is owned by Kenyans to a large extent and only a small potion which is 49 per cent is owned by foreigners. Therefore, 51 per cent of the shareholding is still owned by Kenyans in this country. But more importantly, subversive means that they have subverted the Constitution. Could she substantiate or withdraw those statements because they are not in order?

Mr. Speaker, Sir, I withdraw that statement.

The Speaker (Hon. Ethuro)

Order, Sen. Mbura! I would like to see a copy of your petition in order to confirm that it is the one that was approved. Resume your seat. We will move to the next Order. Once that is clarified, I will allow you to resume.

July 23rd, 2015 SENATE DEBATES

PAPERS LAID

Sen. Sang

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 23rd July, 2015.

DRAFT OF SIM CARDS REGISTRATION REGULATIONS, 2015

REPORTS ON THE OPERATIONS OF THE NTSA

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 23rd July, 2015.

QUARTERLY REPORTS OF THE TA FOR 2013/2014

July 23rd, 2015 SENATE DEBATES REPORT ON ASSESSMENT OF LEVEL 5 HOSPITALS

REPORT OF THE NATIONAL TEA CONFERENCE

I also beg to lay the following Paper on the Table of the Senate today, Thursday, 23rd July, 2015. Report of the National Tea Conference held on 12th to 14th October, 2014 at the Safari Park Hotel, Nairobi.

REPORTS OF THE AUDITOR-GENERAL ON THE FINANCIAL OPERATIONS OF VARIOUS COUNTY GOVERNMENTS

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 23rd July, 2015.

Report of the Auditor-General on the Financial Statement of Kajiado County Government for the 16 months period ended on 30th June, 2014;

Report of the Auditor-General on the financial operations of Uasin Gishu County Assembly for the year ended 30th June, 2014;

Report of the Auditor-General on the financial operations of Kisii County Executive and Kisii County Assembly for the period 1st July, 2013 to 30th June, 2014;

Report of the Auditor-General on the financial operations or Kisii County Assembly for the period 1st July to 30th June, 2014;

Report of the Auditor-General on the financial operations of Kisii County Executive for the period 1st July, 2013 to 30th June, 2014.

Report of the Auditor-General on the financial statements of Kitui County Government for the year ended June, 2014 and; finally,

Report of the Auditor-General on the financial operations of Marsabit County Executive and Marsabit County Assembly for the year ended 30th June, 2014.

July 23rd, 2015 SENATE DEBATES

POINT OF ORDER

MASSACRE OF KENYANS ON A BUS AND AT A QUARRY IN MANDERA AND KAPEDO

On a point of order, Mr. Speaker, Sir. I would like to make a correction on something that is on the Order Paper. This is on the second statement. This was not a statement, but a report of the Committee on National Security for Mandera, Kapedo and Laikipia.

I would like to inform the House that last week, we had agreed to lay this Report on the Table today. Unfortunately, the Report is still in the process of getting an approval. Therefore, with your indulgence, I request Sen. Billow to bear with us and to lay the report on the Table next week.

On a point of order, Mr. Speaker, Sir. I brought that Motion to this House more than six months ago. From the time I brought it, to this House, almost 300 Kenyans have been slaughtered in Garissa, Mandera, Turkana, Kapedo and everywhere. This matter is very serious. It looks into the circumstances surrounding the killings that happened at the quarry, in the bus and other places like Kapedo. It is important that we get this report by Tuesday, next week. I will appreciate if the Chairperson can facilitate that.

Mr. Speaker, Sir, I appreciate this is a very important and sensitive matter. As I said earlier, the report has already left the desk of the Committee. I signed it and we are now in the process of getting a report to lay it on the Table. I can confirm that.

The Speaker (Hon. Ethuro)

I can also confirm that the Committee has also finalised the report. Therefore, it will be laid on the Table on Tuesday, next week.

Sen. Musila

On a point of clarification, Mr. Speaker, Sir. I would like to know something regarding the approval that the Chairperson has talked about. Once the Committee finishes with a report, signs it, who approves it to be brought to the House? The Committee works on behalf of this House. We sent the Committee to do the work. They have signed the report. Who is supposed to approve it? I seek that clarification.

The Speaker (Hon. Ethuro)

The approval authority is the Speaker. I thought that was such a mundane matter that you would know. That is why the Speaker is aware of the process.

REPORT OF THE THIRD UN WORLD CONFERENCE ON DISASTER RISK REDUCTION

Sen. Njoroge

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 23rd July, 2015.

Report of the Third United Nations World Conference on Disaster Fisk Reduction from 14th to 18th March, 2015.

July 23rd, 2015 SENATE DEBATES

The Speaker (Hon. Ethuro)

Order, Sen. Njoroge! You are operating under Order No.5 which is just about laying the Paper on the Table. You should not go into details. What you started with is good enough for that Order.

Sen. Njoroge

Most obliged, Mr. Speaker, Sir.

Mr. Speaker, Sir, the Statement that I sought last week---

The Speaker (Hon. Ethuro)

Order, Sen. Bule! You are just compounding your problem which the Chair and the House had done you a favour by ignoring. So, just hold your horses for now.

Next Order!

NOTICE OF MOTION

ADOPTION OF REPORT OF THE THIRD UN WORLD CONFERENCE ON DISASTER RISK REDUCTION

Sen. Njoroge

Mr. Speaker, Sir, I beg to give Notice of the following Motion:- THAT, the House adopts the Report of the Third United Nations World Conference on Disaster Risk Reduction held from 14th to 18th March, 2015 in Sendai, Japan, laid on the Table of the House today Thursday 23rd July, 2015.

Thank you.

The Speaker (Hon. Ethuro)

Hon. Senators, under Standing Order No.39, I wish to reorganize the Order Paper. That Order No.9 becomes Order No.8, followed by Order No.10 and the rest can follow.

STATEMENTS

BUSINESS FOR THE WEEK COMMENCING TUESDAY, 28 TH JULY, 2015

Mr. Speaker, Sir, pursuant to Standing Order No.45, I wish to give the business for the week starting 28th July, 2015.

On Tuesday, 28th July, 2015, there will be a meeting of the Rules and Business Committee (RBC) at noon to schedule the business of the Senate for the week, and subject to the deliberations and decisions of that meeting, the Senate will continue with the business that will not be concluded today, focusing on the debate of Bills that are at the Second Reading stage.

The Senate is also expected to vote on the following three Bills which are due for Division:-

July 23rd, 2015 SENATE DEBATES

Mr. Speaker, Sir, I want to thank the Senate Majority Leader for that communiqué. However, the House recalls that a few weeks ago, he gave us an interim Statement concerning the programme of President Barack Obama in Kenya. One of the things he promised was that when the visit of the President will be nearer, he will give a confirmation of whether the President will address this Senate.

Could the Senate Majority Leader tell us now that it is confirmed that the nearest we can get is to be part of a crowd at Kasarani Stadium for the Address of the President, why the Government failed to convince the President to talk to the top leadership of this country in this Senate?

Could he also confirm that maybe the reason they failed is because the President is disappointed with the way the National Assembly has been fighting for the disbandment of the institution charged with fighting corruption?

Mr. Speaker, Sir, I thank Sen. (Dr.) Khalwale for the views he has expressed. However, the Government of Kenya has no control whatsoever in terms of deciding who the President of the United States of America (USA) would speak to. The Government would have wanted the President of the

July 23rd, 2015 SENATE DEBATES

The Speaker (Hon. Ethuro)

Statement (b) , Chairperson of the Committee on National Security and Foreign Relations.

Mr. Speaker, Sir,, I corrected this. This was not a Statement. It is a Motion that was awaiting a report of the Committee and I think I responded to it.

The Speaker (Hon. Ethuro)

Part (c) .

KILLINGS IN KITUI COUNTY

Mr. Speaker, Sir, I remember that we responded to this particular Statement extensively last week and the week before. I remember we visited the CS, Interior and Coordination of National Government with the Chairperson to discuss this particular matter. What was left was the response on the issue of the police reservists.

Mr. Speaker, Sir, let me confirm to this House and to Sen. Musila that I was in touch with the Minister for Interior and Coordination of National Government and the response was actually awaiting his signature for the purpose of documentation. Personally, I had spoken to the Eastern regional Commissioner - I am sure wherever she is she can hear this – and discussed with her insecurity that is affecting Kitui and Tana River and she assured me that she will make sure that they have dealt with the insecurity issues that are affecting that particular region. The response will be tabled in this House next week.

Sen. Musila

Mr. Speaker, Sir, I thank the Vice Chairperson of the Committee for the answer and for the efforts she has been making in giving us a response to this very important issue. I want to express my deepest disappointment over this matter. The killings were done three months ago. I raised the issue here and even after visiting the CS in his office, he promised that an operation to flush out the herders who were harassing and killing the people of Kitui County was going to be undertaken. However, up to today, it has not been done.

The second point was the issue of arming police reservists to protect themselves because, so far, the Government has failed to protect the people which is a right guaranteed by the Constitution. Twice now, the Vice Chairperson has said that the response is ready only awaiting signature. We have heard this many times before. As this

July 23rd, 2015 SENATE DEBATES

Sen. Leshore

On a point of order, Mr. Speaker, Sir. You have heard Sen. Musila talking of “flushing out”. Are these bandits or Kenyans? In Kenya, there are no bandits, but citizens.

Sen. Munyes

Mr. Speaker, Sir, it is true that the National Police Reservists (NPR) do a good job in the Arid and Semi-Arid Lands (ASALs) . Sen. Musila, I and many of us here, would want to have many NPR units in our areas. What policy has the Government put in place to ensure that there is recruitment and establishment of the NPR in strategic areas like Makueni and Kitui which have faced severe harassment by cattle rustlers?

The Speaker (Hon. Ethuro)

Chair, you will have to ignore the one from Sen. Munyes because the issue that we are dealing with now is about the process, but not the details on when the statement should be disposed of with finality. Therefore, I invite Sen. Munyes to be present on Tuesday when the matter will be concluded.

Sen. Musila, you were challenged on a point of order in terms of flushing out bandits. Who do you flush out? Do you flush out citizens or bandits? You need to clarify that. Is there any difference between Kenyan bandits and foreign bandits?

Sen. Musila

Mr. Speaker, Sir, Sen. Leshore is a friend of mine. Coming from Samburu County where banditry and cattle rustling is the order of the day, I am shocked that he appears to be supporting banditry. For his information, in Kitui County, we do not have such things. We are only hope that the issue will not be exported to our county.

Thank you, Mr. Speaker, Sir. The Senate Minority Leader (Sen. Wetangula) : On a point of order, Mr. Speaker, Sir.

This is a procedural matter. Let us not get deep.

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

The Speaker (Hon. Ethuro)

This is a procedural matter. Let us not get deep.

Senators

Point of order, Mr. Speaker, Sir.

The Speaker (Hon. Ethuro)

Order Members! Chair, could we get the response on Tuesday with finality?

Mr. Speaker, Sir, I will provide an answer to the statement on Tuesday. However, allow me to respond to---

The Speaker (Hon. Ethuro)

How long does it take to append a signature?

Mr. Speaker, Sir, I can only rely on the information given to me by the Clerk of the Committee and from the Cabinet Secretary’s (CS) office. However, we will provide an answer to the statement on Tuesday, next week.

The Speaker (Hon. Ethuro)

Order, Senator! I was very clear. This week, you rejected the Motion for extension. You went ahead to implore all of us to manage our time effectively. Therefore, I am subject to your own directions and I will not entertain any objections to that because you did it convincingly.

July 23rd, 2015 SENATE DEBATES

The Speaker (Hon. Ethuro)

Sen. Wetangula, I hope you are not on the same because I will rule you out of order. The Senate Minority Leader (

For once, you have made the distinction between “same” and “similar”. So, I agree with you.

The Speaker (Hon. Ethuro)

Thank you, Mr. Speaker, Sir, for giving me this opportunity to inform my good friend, Senator for Kitui County, to persuade his deputy leader, Sen. Abdirahman and Sen. Mohamud regarding the issue because most of the herders come from Wajir. They should flush out those herders.

Order, Sen. Leshore! You are completely out of order. The one you are giving information must agree with you. Sen. Musila has not agreed with what you have said.

To respond to the point of order raised by the Senate Minority Leader, I wish to confirm that that Bill was passed by the House. It was referred to the National Assembly and is still pending there. That should suffice for now. We will communicate further details at the appropriate time.

Sen. Adan, I direct that the response to the statement be made on Tuesday. We appreciate the progress you have made, but it is not enough until the matter is concluded.

Let us move to Statement (d) on the outbreak of malaria in the western region.

The Speaker of the House.

The Speaker (Hon. Ethuro)

Sen. Khaniri, this is your statement. We should hear from the Chair first. Is the Chairperson, Vice Chairperson or any Member of the Committee on Health around?

Proceed, Sen. Khaniri in their absence.

Mr. Speaker, Sir, you will recall that last week, the Vice Chairperson of the Committee on Health issued a statement. However, she did not answer

Mr. Speaker, Sir, the distinguished Senator for West Pokot County brought a Bill here regarding police reservists. He wanted them to be adopted, regularised and supported by the national Government to bolster security and we passed it. I have no doubt that you dutifully forwarded it to the “Lower House.” I seek to know, from you, the fate of that Bill because if it was dealt with in the “Lower House” and assented to, part of the problems that the distinguished Senator for Kitui County is talking about would be addressed. Mr. Speaker, Sir, is it one of the 17 Bills that the “Lower House” has refused to address having been passed in this House and forwarded to them in accordance with the Constitution and the Standing Orders?

The Speaker (Hon. Ethuro)

For once, you have made the distinction between “same” and “similar”. So, I agree with you.

Sen. Leshore

The Speaker (Hon. Ethuro)

Order, Sen. Leshore! You are completely out of order. The one you are giving information must agree with you. Sen. Musila has not agreed with what you have said.

Sen. Adan, I direct that the response to the statement be made on Tuesday. We appreciate the progress you have made, but it is not enough until the matter is concluded.

Let us move to Statement (d) on the outbreak of malaria in the western region.

OUTBREAK OF MALARIA IN THE WESTERN REGION

The Speaker (Hon. Ethuro)

Thank you, Mr. Speaker, Sir, I accept your apology. I did not convey yesterday’s request from the Senator because I knew that Sen. Elachi would give the message. We, as a Committee, were to meet the CS today in the morning, but he sent an apology. Therefore, we shall be meeting him next week. We will discuss the issues with him and report to the House.

Thank you, Mr. Speaker, Sir.

Sen. Khaniri

Sen. Omondi, that is not good enough. When will you meet the CS? My recommendation is that since we know there is an international conference this week, you can do it on Monday or even Tuesday. If the CS fails to turn up, you can do summons and we will approve them. This matter is clear. The most important thing for now is to get the CS. There is nothing that the rest of you will do.

July 23rd, 2015 SENATE DEBATES

The Speaker (Hon. Ethuro)

On a point of order, Mr. Speaker, Sir. Because of the suspected outbreak of malaria also in Trans Nzoia County, specifically Twiga area, where several deaths have been reported, could that be included also in the response?

Sen. Omondi

I thought that Sen. Khaniri had actually explained that the problem has even increased now. Therefore, that should be the expectation of the House; it is just common sense.

Next Statement!

The Speaker (Hon. Ethuro)

July 23rd, 2015 SENATE DEBATES CRITERIA FOR APPOINTMENT/REGIONAL DISTRIBUTION OF APPOINTMENT TO PARASTATALS

Sen. Omondi

Sen. Karue, I thought that this statement was made yesterday. What did you conclude?

The Speaker (Hon. Ethuro)

Mr. Speaker, Sir, the statement which was to be issued included some attachment which the Members requested to be tabled and photocopies be done and circulated to them before it is given.

Sen. Omondi

When does the statement come back?

Mr. Speaker, Sir, it should be answered now.

The Speaker (Hon. Ethuro)

Where is the Vice-Chair of the Committee or any Member of the Committee? Sen. Elachi!

July 23rd, 2015 SENATE DEBATES CRITERIA FOR APPOINTMENT/REGIONAL DISTRIBUTION OF APPOINTMENT TO PARASTATALS

The Speaker (Hon. Ethuro)

Order, Sen. Elachi. Do you have instructions from the Vice-Chairperson?

Sen. (Eng.) Muriuki

No, Mr. Speaker, Sir.

The Speaker (Hon. Ethuro)

Then how will you be competent to respond to supplementary issues?

Sen. (Eng.) Muriuki

Mr. Speaker, Sir, they have handed it over to me, but I know that there are very weighty issues that had been raised. Even though I can read the list, I will not be in a position to answer some of the questions that the Senator had asked in “b”, specifically.

The Speaker (Hon. Ethuro)

Absolutely. I do not think that we should be acting in vain. Let us make good use of our time. Sen. Elachi, I direct you to deliver the Vice- Chairperson of the Committee to the House on Tuesday.

Next Statement!

Mr. Speaker, Sir, can I read it?

The Speaker (Hon. Ethuro)

Order, Sen. Elachi. Do you have instructions from the Vice-Chairperson?

No, Mr. Speaker, Sir.

The Speaker (Hon. Ethuro)

Then how will you be competent to respond to supplementary issues?

The Speaker (Hon. Ethuro)

Absolutely. I do not think that we should be acting in vain. Let us make good use of our time. Sen. Elachi, I direct you to deliver the Vice- Chairperson of the Committee to the House on Tuesday.

Next Statement!

MYSTERIOUS DEATH OF CORPORAL BERNARD OKINDO MAGETO

Tuesday then.

The Speaker (Hon. Ethuro)

July 23rd, 2015 SENATE DEBATES OUTBREAK OF MALARIA IN THE WESTERN REGION

On a point of order, Mr. Speaker, Sir. Is it in order for the Senate Minority Leader to question his own responsibility in terms of the performance of this House? If there is someone who is culpable in so far as the performance of the Committees of this House is concerned, the leading one will be the Senate Majority Leader and the Senate Minority Leader. Is it in order for the Senate Minority Leader to question the performance of the Committees of this House, when this House, the Standing Orders and Constitution, put a responsibility on himself to ensure that Committees perform in the manner in which they are supposed to?

The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, that kneejerk reaction shows the culpability of this Government. Nowhere in the Standing Orders of this House does the responsibility of the performance of Committees rest on Senate Majority Leader or Senate Minority Leader. Once the Committees are set, they operate under the direction of the management of Parliament, which is, the Speaker and the Clerk.

Secondly, nowhere in the Standing Orders or Constitution does the Senate Majority Leader or Senate Minority Leader grant permission to any Member to go out of the country. We do not do so.

Thirdly, the Member crying louder than the bereaved is the Chairman of the Committee on Devolved Government, whose responsibility is greater than the Chairman of any other Committee, in ensuring that devolution works and people in the counties get value for money in health, education and everything. He and his colleagues are busy with helicopters moving around the country, donating---

The Speaker (Hon. Ethuro)

July 23rd, 2015 SENATE DEBATES

Order! Order! What is it, Sen. Murkomen? Avoid the accusations, Members.

The Speaker (Hon. Ethuro)

Mr. Speaker, Sir, I am personally flattered by the manner in which, for the first time, the Senate Minority Leader has showered a lot of praises on me. However, I want to tell him that I am not Makmende to sort out every Committee problem in this House.

Order, Sen. Murkomen! He has not only showered you with praises, but enhanced your stature and responsibilities.

(Laughter)

July 23rd, 2015 SENATE DEBATES OUTBREAK OF MALARIA IN THE WESTERN REGION

(Loud consultations)

Order, Senators! This is a matter that must be put it its context. There is a malaria outbreak, children are dying and there is no response. To me, the Senate Minority Leader, in desperation, is trying to understand the situation and giving the possibilities of “may it be this one, the other or the rest?” However, in terms of the responsibility of the House, the Senate Minority Leader knows that we do not micromanage Committees. Indeed, the Committees are appointed by the political leadership of the Houses. We approve as the RBC and allow them to work. They create their own schedules of travel, meetings and benchmarking. Where does the Speaker come in, Sen. Wetangula?

Sen. Murkomen should not assume that because he has been showered with praises, now he has become a senior leader. You remain a humble Chair of a Committee of the Senate.

(Laughter)

July 23rd, 2015 SENATE DEBATES

The Speaker (Hon. Ethuro)

Order! Order! What is it, Sen. Murkomen? Avoid the accusations, Members.

The Speaker (Hon. Ethuro)

Order, Sen. Murkomen! He has not only showered you with praises, but enhanced your stature and responsibilities.

(Laughter)

Order, Sen. Bule! There is a difference between the permission of being away and permission for your business to be postponed. Therefore, that is the end of that matter.

Next Order! What is it, Sen. Karaba?

(Loud consultations)

The Speaker (Hon. Ethuro)

Sen. Murkomen should not assume that because he has been showered with praises, now he has become a senior leader. You remain a humble Chair of a Committee of the Senate.

(Laughter)

July 23rd, 2015 SENATE DEBATES

CRITERIA USED IN ALLOCATION OF UWEZO FUND IN THE 47 COUNTIES

(Loud consultations)

The Speaker (Hon. Ethuro)

Mr. Speaker, Sir, I apologise.

What is it, Sen. Njoroge?

The Speaker (Hon. Ethuro)

Mr. Speaker, Sir, have you noticed that the “visitors” to Sen. (Dr.) Khalwale are out of order. Even the Jubilee Senator seated next to him also had some issues in the way he addressed the House. Again, it is the other Senator from Jubilee. What are they doing there?

(Laughter)

Mr. Speaker, Sir, I have a statement that I was supposed to issue. It was requested by Sen. Nabwala one month ago. I fear that by next week, we will have gone for recess. However, I am of the view that this is important for Members to know. They subscribed to---

July 23rd, 2015 SENATE DEBATES

The Speaker (Hon. Ethuro)

Order, Sen. Karaba! I have just told Sen. Bule how to proceed with such matters. Your statement is not listed. When it appeared on the Order Paper last time, you were given a reason why you could not proceed. Therefore, you need special consideration which you cannot obtain from the plenary of the House. Proceed,

Sen. Wetangula. (Sen. Mbura crossed the Floor without bowing to the Chair) The Senate Minority Leader (Sen. Wetangula) :

July 23rd, 2015 SENATE DEBATES

The Speaker (Hon. Ethuro)

Mr. Speaker, Sir, I have a point of order. Please, allow me.

(Loud consultations)

Mr. Speaker, Sir, I apologise.

The Speaker (Hon. Ethuro)

What is it, Sen. Njoroge?

Sen. Njoroge

(Laughter)

The Speaker (Hon. Ethuro)

Okay, each one of you will have one minute.

Proceed, Sen. (Dr.) Khalwale.

Mr. Temporary Speaker, Sir, allow me to request for your indulgence so that I be appreciated for being a good teacher. I have succeeded in convincing Sen. Mbura and Sen. Bule to move away from Jubilee because it serves no useful purpose to the people of the coast region whom they represent in this House.

The Speaker (Hon. Ethuro)

Sen. Mbura, did you hear what Sen. (Dr.) Khalwale said?

July 23rd, 2015 SENATE DEBATES

Order, Sen. Bule! Proceed, Sen. Njoroge.

The Speaker (Hon. Ethuro)

Mr. Temporary Speaker, Sir, if it is true that Sen. Bule has defected from Jubilee to CORD, he should not be in this House. He should lose his seat if it has gone on record that he has defected to that side.

Order, Sen. Bule! This is not a fish market in Tana River or a goat market in Hola. This is the Senate. Just listen, you will be given your time. Press the button and wait.

Sen. (Dr.) Khalwale, you have told the Senate that you have been a good teacher. Did you teach Sen. Bule about the Standing Orders and how to behave? You need to assist your neighbour.

Proceed, Sen. Ongoro.

The Temporary Speaker (Sen. Murkomen)

July 23rd, 2015 SENATE DEBATES

Hon. Senators

Mr. Temporary Speaker, Sir, is the hon. Senator in order to insinuate that Sen. Bule has defected from the Jubilee Coalition while we all know that he has never been a member of the Jubilee Coalition? Is he in order to misinform this House and the entire nation?

The Temporary Speaker (Sen. Murkomen)

Mr. Temporary Speaker, Sir, I am worried from the statement that came from the Chair. You reminded the hon. Senator from Tana River that this House is not a fish market. I am from Siaya. Fish markets are very honourable places. Maybe, next time you go with me to Siaya, they will remember that statement. I have to prepare some fish for you when you come to Siaya.

Sen. Orengo, fish markets all over the world are important places. You and I visited a fish market in Japan. However, there are no rules there per se. People crisscross each other as they wish. However, we need order in this House.

The Senate Minority Leader (Sen. Wetangula) : Mr. Temporary Speaker, Sir, on a point of order, I want to correct the impression created by the distinguished nominated Senator from Nakuru, Sen. Njoroge because Sen. Bule, the distinguished for Tana River County was elected to this House on a ticket of the Federal Party of Kenya (FPK) which is an affiliate party of CORD. He has a signed pre-election and post-election agreement with CORD and deposited the same with the Registrar of Political Parties. Therefore, Sen. Bule has just come back home and we welcome him with both hands.

The Temporary Speaker (Sen. Murkomen)

Proceed, Sen. Kindiki. Sen. Bule, I will give you a chance later on since you are the subject of this discussion. So relax.

Mr. Temporary Speaker, Sir, earlier on, I had sympathized with my brother, the Senate Minority Leader when he was under attack from another Senator who has now become something bigger than an ordinary Senator.

What the Senate Minority Leader has done is to complicate the already bad situation of Sen. Bule. To the best of my knowledge, the FPK entered into a post-election agreement with the Jubilee Coalition. So, what the Senate Minority Leader says is that the FKP to which Sen. Bule belongs has more than one coalition agreement. The more reason that Sen. Bule may be declared something that we do not want to say here.

The Temporary Speaker (Sen. Murkomen)

Order, Sen. Bule! You will be given time in a dignified manner.

Sen. Njoroge

Unanionea.

(Laughter)

Order, Sen. Bule! This is not a fish market in Tana River or a goat market in Hola. This is the Senate. Just listen, you will be given your time. Press the button and wait.

Sen. (Dr.) Khalwale, you have told the Senate that you have been a good teacher. Did you teach Sen. Bule about the Standing Orders and how to behave? You need to assist your neighbour.

Proceed, Sen. Ongoro.

July 23rd, 2015 SENATE DEBATES

The Temporary Speaker (Sen. Murkomen)

(Loud Consultations)

Mr. Temporary Speaker, Sir, on a point of order, I want to correct the impression created by the distinguished nominated Senator from Nakuru, Sen. Njoroge because Sen. Bule, the distinguished for Tana River County was elected to this House on a ticket of the Federal Party of Kenya (FPK) which is an affiliate party of CORD. He has a signed pre-election and post-election agreement with CORD and deposited the same with the Registrar of Political Parties. Therefore, Sen. Bule has just come back home and we welcome him with both hands.

The Temporary Speaker (Sen. Murkomen)

Proceed, Sen. Kindiki. Sen. Bule, I will give you a chance later on since you are the subject of this discussion. So relax.

The Temporary Speaker (Sen. Murkomen)

Order, Sen. Bule! You will be given time in a dignified manner.

(Laughter)

The Temporary Speaker (Sen. Murkomen)

Just relax. You will have your time. The person being discussed is you. Therefore, you need to take notes as they raise the issues they are raising. I will give you the last chance. Once we are done with your interventions, you will speak. I will listen to one more from this other side and then we conclude.

July 23rd, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, I know that Sen. Bule is out of order. I want to remind him---

The Temporary Speaker (Sen. Murkomen)

Order! It is not in your place to determine whether he is out of order or not. Just raise your point of order.

Mr. Temporary Speaker, Sir, I want to remind him that the Political Parties Act is very clear. Therefore, if today Sen. Bule and his party, have decided that they have dissolved the memorandum they signed with Jubilee Alliance Party (JAP) , he has a right to move to any other party. However, he should ensure that it has been done by the Registrar of Political Parties. It is very clear in Section 14 of the Political Parties Act.

(Loud Consultations)

The Temporary Speaker (Sen. Murkomen)

Mr. Temporary Speaker, Sir, thank you for the consideration. What the distinguished Senator for Tana River did was not only to be found on the right side, but he also confirmed by word that he is on the right side. Probably, the Chair should consider at this time, we do a fresh stock-taking, so that we know which Senator is on which side such that should it be found that the majority of the Senators are on the CORD side, then Sen. (Prof.) Kindiki should leave office as the Leader of Majority and Sen. Wetangula becomes the Leader of Majority. This is not a small matter. This determination must be made. We insist that we want to be given an opportunity to know where we are.

Mr. Temporary Speaker, Sir, this is a House that creates history. The matter before the House now is not a simple matter. Your own party has issued threats out there to the public that it is pulling out of JAP and nobody has ever questioned that position. What Sen. Bule has said here is not different from what has been said by some of the Members that sponsored the candidates of the Senate Majority Leader. FPK is a party within a coalition, but an independent party which can move out in the afternoon, go back in the evening, get out in the morning and go back in the afternoon.

We are making history here. We do not want this matter to be taken lightly. If Sen. Bule moves to this side, the Senate Majority Leader will have no majority votes to keep him sitting on that seat. He should immediately vacate so that we take over the leadership. The leadership will not only be taken in this House, we will also take the top seat which we lost through votes that were stolen.

The Temporary Speaker (Sen. Murkomen)

Order! The last intervention is by Sen. Lesuuda.

Mr. Temporary Speaker, Sir, I can see that my colleagues in the opposite side are very hungry to have these positions of leadership. Let me remind them that 2017 is not far. Let them wait. On a serious point, you have said that the debate that

(Laughter)

The Temporary Speaker (Sen. Murkomen)

Order!

(Loud Consultations)

The Temporary Speaker (Sen. Murkomen)

Order, hon. Senators! There is no information under a point of order.

July 23rd, 2015 SENATE DEBATES

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

The Temporary Speaker (Sen. Murkomen)

Sen. (Dr.) Khalwale, do you not think that we are constrained of time and we should move on?

I will give you half a minute.

The Temporary Speaker (Sen. Murkomen)

- THAT, WHEREAS the President of the United States of America, Mr. Barrack Obama is to visit Kenya between 24th – 26th July, 2015 to attend the Global Entrepreneurship Summit;

AND WHEREAS the visit is the first to the Republic of Kenya by a sitting President of the United States of America;

NOW THEREFORE, the Senate welcomes the President and records its appreciation for the historic visit to Kenya and calls upon both Governments to deepen and broaden their relations in order to promote social and economic development of the two countries based on shared values of liberty, justice, human rights and democracy.

Sen. Lesuuda

Hon. Senators, the Motion being moved by Sen. Orengo is very important. We have a very important visitor in the President to the United States of America (USA) , coming to the country tomorrow. The Senator for Siaya County, where President Obama has roots, must be heard in silence.

July 23rd, 2015 SENATE DEBATES

July 23rd, 2015 SENATE DEBATES

(Loud Consultations)

The Temporary Speaker (Sen. Murkomen)

Order, hon. Senators! There is no information under a point of order.

Sen. (Prof

Mr. Temporary Speaker, Sir, I have been enjoying the debate. It is a very good debate. There is one thing that we need to clarify because this is a House of records. We need to clarify that the position of the Senate Majority Leader is not being contested. The assumption that Sen. Ongoro and company are trying to sell around is that the majority in this House is determined by one Senator which is not true. What has happened this afternoon has set in motion, I fear, to a process that might lead to a by-election in Tana River.

(Loud Consultations)

The Temporary Speaker (Sen. Murkomen)

Order, Senators! I have almost ten requests. The Speaker has ruled and nothing has changed from the time I made the ruling. The position remains the same. Whether Sen. (Dr.) Khalwale, Sen. Khaniri or Sen. Bule sit on the left or right side, the side they belong by law, is the side their coalition agreement demonstrates in whatever coalition agreement they have written.

I have said in no uncertain words that unless there is a written letter from a political party to the Speaker indicating that the coalition agreement has changed, there is no legal instrument for the Speaker to determine which is the majority or minority side, except that which is written and deposited with the Registrar of Political Parties. Therefore, for that reason, the debate we have been having in the afternoon amounts to an exposition of the law. It is a lively and enjoyable debate, but we have not crossed that river yet.

July 23rd, 2015 SENATE DEBATES

APPRECIATION OF THE SENATE FOR THE HISTORIC VISIT OF PRESIDENT BARACK OBAMA TO KENYA

Order, Sen Wetangula. This is not a CORD Motion, but one brought by a CORD Member. However, that does not mean anything in so far as ---

The Senate Minority Leader (Sen. Wetangula) : Mr. Temporary Speaker, Sir, I am not casting aspersions on anybody.

- THAT, WHEREAS the President of the United States of America, Mr. Barrack Obama is to visit Kenya between 24th – 26th July, 2015 to attend the Global Entrepreneurship Summit;

AND WHEREAS the visit is the first to the Republic of Kenya by a sitting President of the United States of America;

The Temporary Speaker (Sen. Murkomen)

The Senate Minority Leader (Sen. Wetangula)

July 23rd, 2015 SENATE DEBATES

With those remarks, I now ask my leader, Sen. Wetangula, to second.

Mr. Temporary Speaker, Sir, this Motion is very important to us. It is disheartening that as Sen. Orengo started moving the Motion, a majority of our colleagues across the Floor walked out; I do not know for what reason. Senators like Eng. Muriuki who has a Motion coming immediately after this should know that when they choose to boycott, we shall do the same for their Motions.

Sen. G.G. Kariuki

On a point of order, Mr. Temporary Speaker, Sir. Is it in order for the Senate Minority Leader to behave as if he is a headmaster of a class? We are free to walk out and come back. Quite a number of Senators are out. To me, if a Motion is so important, I will make sure that I am here. If it is not so important to Sen. Muriuki, that is up to him. I do not think he is in order. The Senate Minority Leader (

On a point of order, Mr. Temporary Speaker, Sir. There is what is known as the House Leadership in this Senate. This does not belong to two Members;

(Laughter)

The Temporary Speaker (Sen. Murkomen)

Order, Sen Wetangula. This is not a CORD Motion, but one brought by a CORD Member. However, that does not mean anything in so far as --- The Senate Minority Leader (

The Senate Minority Leader (Sen. Wetangula)

Mr. Temporary Speaker, Sir, I take your ruling with a lot of humility. I know we hold our positions because they have been entrusted upon us so that we help this House in terms of business and steering it into the greatness that we want to see.

Mr. Temporary Speaker, Sir, I commend my senior, Sen. James Aggrey Bob Orengo, one of my mentors in the legal profession. For many years, he has been very consistent in terms of his contribution not only to the growth of the legal profession in our country but also he has been a very sober politician even when the temptation to veer off from the straight but narrow path is very great, especially when you have a leader like him.

Mr. Temporary Speaker, Sir, I also thank the Seconder of the Motion, my brother and senior in the profession, Sen. Wetangula. He is one of the very good debaters in this House and country. He is somebody I hold in very high respect. At some point, I had some professional interaction with him years back when I was a law professor. He offered me an opportunity to work in his firm. However, my applause ends at that point.

(Laughter)

Sen. Wetangula, please listen to me. You are completely digressing from the spirit of the conversation of Sen. Orengo who tabled the Motion. If Sen. Orengo can listen to me, the spirit of the moving notes – I listened very carefully to him – was moving away from “us” versus “them” and trying to create middle ground for both sides. So, it is unnecessary for you to go to that tangent. There are enough things to say about President Obama.

July 23rd, 2015 SENATE DEBATES

hon. Senator

Mr. Temporary Speaker, Sir, just for the record, I respect Sen. (Prof.) Anyang'-Nyong'o a lot. The reason why I am a bit concerned is that I have been in Sen. (Prof.) Anyang'-Nyong'o’s county as the Senate Majority Leader. Therefore, when people start talking about the Jubilee people who only think about where they come from and where they got votes, I wonder which world they live in.

I am sure that the Senate Minority Leader has not been to Tharaka-Nithi County. The last time he was there, he had gone to see if he could get five votes from some misguided people. Of course, he did not get the votes because they did not know him even before that time.

Mr. Temporary Speaker, Sir, when time comes and we go to Katolo in Kisumu County where we were with Sen. (Prof.) Anyang'-Nyong'o, I will get votes. However, I

July 23rd, 2015 SENATE DEBATES

I am unable to rule both of you out of order, but my advice to the Senate Majority Leader is that your time is running out and the House is waiting to hear you on the substance of the Motion.

(Loud consultations)

The Temporary Speaker (Sen. Murkomen)

For those murmuring, the Senate Minority and Majority Leaders have priority under the Standing Orders. Once they bring an issue to the notice of the Speaker, they always have the first say.

Proceed, Sen. (Prof.) Kindiki.

Sen. (Prof.) Kindiki

Thank you, Mr. Speaker, Sir.

On a point of order, Mr. Temporary Speaker, Sir. There is what is known as the House Leadership in this Senate. This does not belong to two Members;

July 23rd, 2015 SENATE DEBATES

The Temporary Speaker (Sen. Murkomen)

Order, Senator. You should have declared your interest before saying what you have just said. However, the Standing Orders are very clear. The Senate Majority and Minority leaders not only have priority in speaking but also have longer time to speak.

Sen. (Prof.) Anyang'-Nyong'o

(Laughter)

July 23rd, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, the House is allowed to wonder about the efforts that I make reference to. These intelligent men and women will make good my statement and translate it whichever way.

As a nation and even at the individual level, Mr. Obama’s life teaches us that humble beginnings cannot be an excuse to anybody. In addition, it teaches us that we live in a world of possibilities. It teaches me that life’s challenges can be anything if you want to look to them as problems or as platforms to the next level. This is what President Obama has taught us: That with focus, intelligence, strategy, integrity and hard work, there are no limits to anybody.

Mr. Temporary Speaker, sir, we, as leaders, must consider that in positions of leadership, we must leave a legacy. We have seen his efforts with Obamacare. Some good leaders will fight very hard and overcome every challenge just to ensure that the less fortunate in their communities are well taken care of.

I have several expectations from his visit. I believe that his visit at that institutional level between the two countries should give particular interventions. One is that the institutions of governance in our country should be strengthened. We should depart from a legacy of dependence to a legacy of independence by insisting that the only

The Temporary Speaker (Sen. Murkomen)

July 23rd, 2015 SENATE DEBATES

(Laughter)

Sen. (Prof.) Kindiki

Mr. Temporary Speaker, Sir, when time comes and we go to Katolo in Kisumu County where we were with Sen. (Prof.) Anyang'-Nyong'o, I will get votes. However, I

July 23rd, 2015 SENATE DEBATES

The Temporary Speaker (Sen. Murkomen)

I am unable to rule both of you out of order, but my advice to the Senate Majority Leader is that your time is running out and the House is waiting to hear you on the substance of the Motion.

Mr. Temporary Speaker, Sir, I will finish in good time. All I was saying is that President Obama represents humility, simplicity and not grandiose. You do not have to tell us who you are because we know you. You do not have to tell us all your titles because we know them already. This country must move from a leadership that sees the public as fodder to a situation where leaders are humble enough, like President Barrack Obama.

Sen. M. Kajwang

On a point of order, Mr. Speaker, Sir. With a lot of humility, I have sat here and listened to your directions to the Senate Minority Leader not to veer off the substance. Would it be in order to request that you also firmly, kindly and humbly guide the Senate Majority Leader, the same way you guided the Senate Minority Leader?

The Temporary Speaker (Sen. Murkomen)

Actually, I was guiding the Senate Majority Leader. I told him very clearly that his time is running out and the country and House is waiting to hear him on President Obama’s visit. Meanwhile, when he was delving into that matter, you interrupted. So, let us give him a hearing.

Because of constraints of time and I see many requests and the subject is important, I request the Senators that we minimize the interruptions, but also let us reduce the provocations. If you can follow what Sen. Orengo did, I think it will be very good.

Thank you, Mr. Temporary Speaker, Sir. President Obama represents simplicity and the possibility of a simple and sophisticated person without a lot of good history to become a great person. I think that is

July 23rd, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, I rise to contribute to this important Motion. As a Kenyan, I am excited. For the first time in the history of this nation, a sitting President of the most powerful country on planet earth is visiting our country. However, that is not the only point for the excitement. I am excited because this visit is heavily laden with a lot of beneficial and important agenda for our country.

We, as a nation, must feel proud to host this important person. Let it not be lost to us. Sometimes we have to pat ourselves on the back. As a nation, a people, we are proud to have produced the most powerful person on planet earth, as at now, being the President of the United States of America (USA) .

I recognise and appreciate the people of Luo Nyanza, Siaya County and especially the people of Kogelo Village and Mr. Barrack Obama Snr for his efforts of producing the President of the USA.

The Temporary Speaker (Sen. Murkomen)

Sen. Orengo and Sen. Wetangula, Sen. Ongoro shall be heard in silence. However, the House is allowed to wonder about his efforts.

Mr. Temporary Speaker, Sir, the House is allowed to wonder about the efforts that I make reference to. These intelligent men and women will make good my statement and translate it whichever way.

July 23rd, 2015 SENATE DEBATES

The Temporary Speaker (Sen. Murkomen.)

Proceed, Sen. G.G. Kariuki. Hon. Senators, because of the interest, I would like to reduce the time to 10 minutes.

July 23rd, 2015 SENATE DEBATES

Sen. G.G. Kariuki

Mr. Temporary Speaker, Sir, first, I congratulate my friend, Sen. Orengo, whom we have worked with for quite some time. I know him very well. Sometimes he is so genuine. For instance, the statement he made today was very good. He behaved like a statesman.

Madam Temporary Speaker, I thank you for allowing me to make a statement on the visit of the President of the USA.

Madam Temporary Speaker, first of all, I want to congratulate those who made an effort including the President of the United States of American (USA) for agreeing to come to Kenya to see how far we have gone since he was here last as a Senator. His coming here did not just happen like some of us want to believe and to tell us that it happened because he was coming home.

The President of USA is a President of the whole world and he is leading a strong nation. Before I say what I want to say, I sometimes find it difficult when we have a visitor like the USA President and we start arguing about our problems. He is not coming here to manage us. He is coming to help us appreciate what happens when a nation is run properly, has good leadership and believes in the rule of law and democracy. This is what may have attracted his coming because it did not just happen. You cannot invite a friend to your house and you and your husband start to talk about what he should have done or what you should have done. When a visitor comes, we listen to what he says, we let him go back and we remain with our own problems. We should learn something from him. If we do not, we should stay with our dumbness. That is how the world is.

Madam Temporary Speaker, I think we need to mature. President Obama is not coming to where is father was born. I worked with his father. He was a specialist in economics and we engaged him to do write-ups on economic matters. I was personally his vice Chairman and Ole Tipis was the Chairman. So, I know President Obama’s father very well. These are things that one should keep with himself. One should not be talking about how they have worked with so-and-so. I do not know who they want to tell and what they will get out of it. They can tell somebody who was not born here.

Madam Temporary Speaker, we must look beyond our borders. The President of the USA has seen beyond our trivial problems of whether the Independent Electoral and Boundaries Commission (IEBC) did a good job or not. He is coming here because he is concerned about world peace. He would like to see a peaceful world and that is the work of the USA. In that peaceful world, where will the USA and Kenya be? He has Kenyan roots and he cannot forget Kenya. When he is here, he does not think that he came from

July 23rd, 2015 SENATE DEBATES

The Temporary Speaker (Sen. Ongoro)

Senator, there is an intervention. Take your seat.

Madam Temporary Speaker, the hon. Senator alluded to some of us Senators using “our big mouths” the way we discuss issues when we know very little and those Americans know better. Is he in order to say so, when the same Americans and the same Johnnie Carson he is talking about, a few days ago, wrote a strong article criticizing the manner in which this Government is handling security and terrorism? It is not the Senators who have a problem; it is the Executive who have a problem because they do not listen to their Senators.

Madam Temporary Speaker, my friend was not here when the Motion was being moved, so he may not understand what transpired here.

The Temporary Speaker (Sen. Ongoro)

Senator, he has made specific reference to a word that you have used. I remember very well that you have used the word “big mouths’. Could you clarify, substantiate or withdraw that remark?

(Loud consultations)

Sen. Murkomen, the word “professor” has raised a lot of issues with the Senators. Can you clarify that? Were you a professor or a lecturer?

The Temporary Speaker (Sen. Ongoro)

I have said very clearly that I used to teach International Trade and Investment Law. Sen. (Prof.) Anyang'- Nyong'o is seated here and can attest that unlike Kenya, all my lecturers that taught me in America, including Obama when he used to teach, once you have your PhD, you do not have to go and study again for professorship. However, in Kenya, you have to go formally through the process of doing a PhD. I do not want to dwell on that.

One of the things that the African countries must do is to remove the mentality in our minds that we must move everywhere when we meet sovereign nations with begging bowls. It must be an opportunity for us to exchange what we have with the USA and take what they have. This is the great opportunity that we will have on Saturday when entrepreneurs meet at the Global Summit. It will be a great opportunity for us to export our goods to the USA and for the investors to come here and invest in the large-scale and small-scale industries.

It is also another great opportunity for us to discuss how we can improve on the already existing trade agreements, including African Growth and Opportunity Act (AGOA) which I must confess here that in my stay in Washington DC, I had an opportunity to go and lobby before the Senate Committee on Foreign Trade for the extension of AGOA to 2015 and it is now going for further extension.

Madam Temporary Speaker, it is therefore important for us to imagine and think beyond petty things. We should think about how to improve our trade, investment and opportunities for us to fight terrorism. I was shocked to watch the CNN reporting that President Obama is visiting the hotbed of terrorism. Our country has been misrepresented

July 23rd, 2015 SENATE DEBATES

The Temporary Speaker (Sen. Ongoro)

Madam Temporary Speaker, I support.

Madam Temporary Speaker, thank you very much for the opportunity. I have listened to what has been said before by my colleagues. Kenyans have

The Temporary Speaker (Sen. Ongoro)

July 23rd, 2015 SENATE DEBATES

On a point of order, Madam Temporary Speaker. You have heard the serious allegation by the Senator for Machakos County that State House which is the Office of the President of the Republic of Kenya has been put under the management and the running of Americans. The people who work there are not just the ones who make tea; there are Principal Secretaries (PSs) and other Government officers. Is he in order to suggest that the running of State House has been taken over by American workers? Can he substantiate or withdraw?

The Temporary Speaker (Sen. Ongoro)

Sen. Muthama, you could actually cause quite a scare - because we are a sovereign nation - to tell us that our State House has been taken over.

Madam Temporary Speaker, it is being reported in the news that roads will be closed. Street beggars have been collected and taken away. Nobody knows where they are now. It is not just a single item. It is very clear that from tomorrow, no flight will be allowed to take off or land at the Jomo Kenyatta International Airport (JKIA) .

The Temporary Speaker (Sen. Ongoro)

On a point of order, Madam Temporary Speaker. Every country has problems on their roads when there are visitors. That is not important. However, the Member must substantiate or withdraw the allegations that State House has been taken over by Americans. This is a serious matter. He cannot say, on one, hand that we are handing over our sovereignty and then make allegations without any substantiation. He must substantiate or withdraw.

Sen. Muthama, it would be in order for you to substantiate that point.

July 23rd, 2015 SENATE DEBATES

(Loud consultations)

The Temporary Speaker (Sen. Ongoro)

Sen. Murkomen, the word “professor” has raised a lot of issues with the Senators. Can you clarify that? Were you a professor or a lecturer?

July 23rd, 2015 SENATE DEBATES

The Temporary Speaker (Sen. Ongoro)

Order, Senators! Let us allow him to conclude.

Madam Temporary Speaker, no flights will be allowed to take off or land at JKIA or Wilson Airport. These are losses to our country. If roads are closed from tomorrow to Sunday, you can count the losses that the country will incur. You may deny it, but that is the naked truth. Mikokoteni pushers on the roads will not be in business. I hope when President Obama leaves this country, he will leave behind a huge cheque to compensate Kenyans who will suffer losses in these three days.

If president Obama is coming here to put a stamp on what the Government of Kenya is doing by sending our armed forces to Somalia to fight on behalf of Americans, then we have lost it. Our soldiers in Somalia are not there to defend the territories of this country, but to defend and serve the interests of the Americans. Americans went there but they were defeated, killed and they ran away. However, Kenya is keeping her soldiers there while people in Sen. Billow’s county are suffering. Those are the results of the actions of your Government; to serve Americans instead of Kenyans.

Madam Temporary Speaker, Kenya is a free country. We shed blood to liberate it. We can only deal with Americans with great respect. Even with his visit, Kenyans must be allowed to move on with their daily lives and generate their income. I respect this son of Kenya; however, he must come and make the lives of Kenyans better.

If Kenyans try to imagine the gains that we have attained, it is on record that President Obama said that there will be consequences with the choices that Kenyans make in leadership. One Senator said here that one of the consequences could be whether he is going to greet the Deputy President. That was a casual statement and whether he greets the Deputy President or not, Kenya is not going to change. Things will remain the same. It is wrong for someone to come here and try to make that a big issue, because Kenya is an independent country and we deserve respect come what may. Whether we are poor, beggars or not, we beg those who can give us but we do not want to beg those who ask us to send our children to Somalia to be killed for us to be friends.

I know for sure that if it was not for our soldiers in Somalia, President Obama would not be in this country. I hope President Obama will leave behind some compensation for Kenyans who have been killed in defence of American lives.

July 23rd, 2015 SENATE DEBATES

July 23rd, 2015 SENATE DEBATES

The Temporary Speaker (Sen. Ongoro)

Madam Temporary Speaker, I rise to support this Motion. In so doing, I welcome President Obama. I thank him because of what he represents. To some of us who believe in the Bible, that all men were created equal, we thank President

July 23rd, 2015 SENATE DEBATES

Colleagues, you will make your contributions. I have just provoked your imagination with my contribution.

Madam Temporary Speaker, it will be a big privilege for only a few Kenyans to talk to the USA President. I beg all the people – right from the President of the Republic of Kenya and whoever else will have an opportunity – to tell the President of the centre of commerce in the world, hon. Obama, the truth. We must tell him the truth that our problem is terrorism. We must remind him that on Monday, he sat with President Buhari of Nigeria and gave him about US$503 million to help him face the challenge of the Boko Haram. We should request him to remember that terrorism in this country has cost us a lot; both in life and property.

Madam Temporary Speaker, they must tell him the truth; that our troops must leave Somalia. Our troops are, today, in Somalia against the Geneva Convention that provides that a country that shares the same border with another country cannot

The Temporary Speaker (Sen. Ongoro)

July 23rd, 2015 SENATE DEBATES

On a point of order, Madam Temporary Speaker. Could Sen. (Dr.) Khalwale substantiate his statement because there are 19 CSs who are not in the House to defend themselves? He cannot claim that among them, there are those who are thieves without substantiating his statement. This is not fair to those who are not in the House to defend themselves. Could he substantiate or withdraw that kind of unparliamentary language on public servants?

The Temporary Speaker (Sen. Ongoro)

Madam Temporary Speaker, it is the practice and tradition of this House that a Member cannot substantiate a matter which is already in the HANSARD. In the Parliamentary HANSARD of a joint sitting in June, President Uhuru tabled a list of shame and named his own CSs. How sorry we are that he did not include Ms. Ann Waiguru and the Deputy President because they are also involved in corruption.

On a point of order, Madam Temporary Speaker. Sen. Khalwale cannot be allowed to continue saying things which he cannot substantiate. The President did not bring names of thieves. You better change your language. What he brought was names of officers who were told to step aside so that investigations could be done.

(Loud consultations)

The Temporary Speaker (Sen. Ongoro)

Order, Senators! Let us allow him to conclude.

July 23rd, 2015 SENATE DEBATES

Sen. Lesuuda

Madam Temporary Speaker, I would like to take this time to thank Sen. Orengo for bringing this important Motion and for the way he moved it and articulated issues with regard to the visit by the President of America. I think this is also a very important week for us as a country. We also had the First Ladies of Africa coming for a conference which was discussing issues to do with health; Stop Cervical, Breast and Prostate Cancer in Africa. I think this is just a culmination this week with President Obama visiting Kenya.

I would like to disagree with Sen. Wetangula that the Jubilee Government does not have a foreign policy. It is important to appreciate the work the CS for Foreign Affairs has been doing. We have seen it in various fronts. It is also important because it has also created a good opportunity to spruce up the Nairobi City. We have seen a lot of work going on. We have even seen grass having to grow in three days. Most importantly, this has given Kenyans time to humour ourselves about all the development that we would love to see especially with regard to development of our capital city.

We hope that this development will continue even after President Obama leaves our country. We should make it a habit, culture and norm to keep our cities and towns clean. We should do the refurbishment and maintenance more often. Those who are charged with that responsibility should do it as an everyday thing so that grass does not have to grow in three days.

Madam Temporary Speaker, I also would like to say that this is a great opportunity for us as a country because the wait was worthwhile. We are going to wait for what the bilateral talks are going to bring out – the goodies he has – but also more importantly, the summit which is going on – The Global Entrepreneurship Summit (GES) . This is coming at a time when the Jubilee Government has given opportunity to young people, women and people with disability to open up. There is the 30 per cent of procurement in every Government institution being given to these groups. We have also seen the Uwezo Fund and the Youth Enterprise Fund. I think it is a great time for our young people who are the hub of innovation to interact with the businessmen who will be coming with President Obama.

I hope that as a country, we will take stock of what we can do to continue to advance and to promote entrepreneurship among our people in terms of education and curricular so that we can bring out people who are innovative and can be employers because we know the challenge of unemployment in our country. It would also be important to consider issues of corruption which have been a bottleneck for young people and everyone who would like to do business. There is the red tape for people who would like to do business and to go into entrepreneurship. I think it is time for us to take stock of all these matters so that we can grow our economy and provide opportunities for the young people engaged in entrepreneurship.

Madam Temporary Speaker, it has been stated and I cannot even belabor it, that we are facing great challenges of insecurity as a nation. This is time to take stock as a country on issues of insecurity which we all agree - especially with regard to terrorism - that it is a global issue. We have to look at it in the context of a nation. How do we handle it and ensure that normalcy is restored in parts of this country like the northern region? It is unfortunate that there are schools which are still closed and I know that it

July 23rd, 2015 SENATE DEBATES

July 23rd, 2015 SENATE DEBATES

Colleagues, you will make your contributions. I have just provoked your imagination with my contribution.

July 23rd, 2015 SENATE DEBATES

The Temporary Speaker (Sen. Ongoro)

Take your seat, Senator. There is an intervention.

Sen. (Prof.) Lonyangapuo

The Temporary Speaker (Sen. Ongoro)

What is out of order?

July 23rd, 2015 SENATE DEBATES

Sen. (Prof.) Lonyangapuo

Is he in order to continue using unparliamentary terminology here and accusing people who are not present in this House to defend themselves?

The Temporary Speaker (Sen. Ongoro)

Proceed, Sen. Khalwale.

Madam Temporary Speaker, the thieves in this Government are responsible for the deaths of our children and pregnant women because of lack of essential drugs.

An hon. Senator: So what?

Even if you say “so what,” our children are dying. Since you are rich, you do not know how---

On a point of order, Madam Temporary Speaker. For how long will Kenyans be treated to this kind of charade? It is highly irresponsible, and in my view, out of order for a Senator of good standing like Sen. (Dr.) Boni Khalwale; a highly educated Kenyan and medical doctor to stand here and tell Kenyans about some purported thieves in Government, while he knows that the Opposition Chief Whip and the Mover of this Motion was in that list. I request that you demand an apology and withdrawal.

The Temporary Speaker (Sen. Ongoro)

What is it, Sen. Muthama?

Madam Temporary Speaker, the Senate Majority Leader says that I am one of those who were in the list. I never denied that. I am ready to go to court. What we are talking about here is the confession by the Head of State of this country; that his own office is filled with thieves.

The Temporary Speaker (Sen. Ongoro)

Order, Senators! Sen. Khalwale, can you conclude, so that I can give other Senators time to also contribute?

Madam Temporary Speaker, we must tell the President the truth; that these so-called travel advisories by the western world are hurting our tourism. We must tell President Obama that when the Twin Towers was hit, the world did not move to ask the people of the world to deny America the billions of dollars they get out of tourism. We must tell President Obama that we want more and more business opportunities. We do not want aid from the United States of America.

Madam Temporary Speaker, because of the many interruptions, please allow me just two minutes.

The Temporary Speaker (Sen. Ongoro)

Please, conclude.

Sen. (Prof.) Anyang'-Nyong'o

Thank you, Madam Temporary Speaker. This is the only way we are going to prevent our Kenya shilling from sliding further to the standards that we have in Zimbabwe. This is the only way we are going to save the sugar industry, including Mumias Sugar Company and Nzoia Sugar Company.

I beg to support and thank you for the two extra seconds that you have given me.

Sen. Chiaba

Asante sana, Bi. Spika wa Muda, kwa kunipa nafasi hii niungane pamoja na wenzangu kuunga mkono Hoja iliyoletwa na Sen. Orengo---

The Temporary Speaker (Sen. Ongoro)

Order, Senator! Bearing in mind that it is 10 minutes past six and we still have Senators who would like to speak, I would like everybody to have an opportunity to speak; I order that we reduce the time from 10 minutes to three minutes.

July 23rd, 2015 SENATE DEBATES

Sen. Chiaba

Madam Temporary Speaker, I rise to support this Motion. I am one of the few Kenyans who know President Obama personally having spent one year with him in 1990/91when we both studied at Harvard Law School. He is a very bright person and we studied courses related to reinvention of democracy, human rights and international law. I spent time taking tea with President Obama and he was very concerned and took a lot of interest about the happenings in Kenya at that time. That was the time of the clamor for multi-partism.

There is a lot of hullaballoo in this country about the coming of President Obama. He is not a Kenyan but an American of Kenyan origin and he is coming here as an American President to promote America’s vital interests abroad. They are three at the moment. One is economic interest – promoting American trade and investment in the world. Two, he is coming to fight terrorism. The war against terror is also part of the American vital interest. Three is to expand the frontiers of democracy. Do not be surprised if he talks about gay rights because that is part of the agenda. In fact, they call it promotion of democracy abroad.

Madam Temporary Speaker, those Kenyans who live in mud and grass thatched houses and who think that they will now live in a stone house because President Obama has come are wrong. Kenyan goats are not going to produce twins because President Obama has arrived. For a long time, the American foreign policy has caused a lot of suffering and poverty in this continent. Do not forget about the Structural Adjustment Programmes (SAPs) which reduced public spending by governments especially on vulnerable groups in the 1980s.

We should not forget that the American foreign policy has focused more on values than on economic development and infrastructure of Africa. I do not remember a road in this country which was constructed by USA. Neither do I remember water projects which have been done by Americans. They have been left to Japan and China. Now that he has come to Kenya, fetched water in Kogelo and knows the problems of Kenyans, time has come for the American foreign policy towards Kenya to shift so that we do not merely focus on the lectures that they give us on democracy and corruption. They have lectured us for ten years and more, some of us have also gone to school with them and we know those things. Surely, even foolish people, after being taught for 10 years, should have learnt.

Madam Temporary Speaker, let them come with new things. We would like more focus to be on economic transformation of this country. However much we preach to hungry Kenyans, they will never become democratic. The boys will still follow people with their little money and even kill opponents during campaigns.

Let us promote the economy, do infrastructure and appeal to President Obama to shift the American foreign policy towards this country.

The Temporary Speaker (Sen. Ongoro)

Madam Temporary Speaker, I also rise and thank the Mover of the Motion. I thank President Obama for finding time to come to our country for a State

Sen. M. Kajwang

July 23rd, 2015 SENATE DEBATES

July 23rd, 2015 SENATE DEBATES

The Temporary Speaker (Sen. Ongoro)

Madam Temporary Speaker, I thank everybody who has contributed to this Motion. The only thing I regret was the sideshows. I hoped that at the end, if this debate was held in the manner that it should, one could even have taken a transcript of the HANSARD and presented it to the Government of the USA or the authorities there to show what Senate said on the occasion of the visit by the President of the USA. The views of Sen. Murungi were very valid comments about American foreign policy on this part of the world.

President Obama has been described as a transformational President. I am so happy that he is being considered among the great Presidents of the last century. There are only two names that come up whenever this question comes up for debate; that of Roosevelt who was the President for more three terms, and that of President Reagan. As a son of a man from Kenya, this is something to be proud about.

Finally, at the end of the day, Kenya will remain to resolve its own problems. President Obama will not come here with the magic wand. It is left to us. Whatever we say about each other, we need not be overly sensitive. For example, when we were talking about the list of shame here, as politicians, let us not be sensitive. There is a great politician from Zimbabwe who used to tell me that when you are in politics, be prepared to be embarrassed. If you are not prepared to be embarrassed, get out of politics because people will continue to embarrass you. People like President Obama have gone through that process when some people said that he was not born in America which is not true.

Therefore, as we are left to deal with Kenyan problems, my plea is that we, as Kenyans, must learn how to have a conversation together. I am sure if the leadership is talking together about common problems, for example, Sen. Billow has been raising about the security issues in north eastern. I would be happy one day to see the President meet with the leaders of the Opposition. This is a problem that we must resolve together. Nobody will come from Mars to resolve these issues. We should be mature in the way we practice our politics.

The other day, in the USA, the Congress invited the Prime Minister of Israel against the wishes of the administration. It caused some waves, but at the end of the day, they said that America is a free nation. Let the Prime Minister come and say what he wants. He had a lot of criticism against the Obama Administration. At the end of the day, let us not be afraid to point out our mistakes to each other. Let us not be afraid to say

Sen. (Prof.) Anyang'- Nyong’o

July 23rd, 2015 SENATE DEBATES

Sen. Omondi

Thank you, Madam Temporary Speaker, for this opportunity to contribute to this Motion. I also thank the Mover of this Motion, Sen. Orengo. I take this opportunity to welcome President Obama to this country. I am so happy that he is coming at a time when I am a Senator. That reminds me about the history of his life which I compare to mine. It reminds me that it does not matter who you are, where you were born, what you look like and what you have gone through; God has good plans for each and everyone. For those reasons, I am so happy that I will be meeting him on behalf of people with disabilities.

Like my colleagues have said, as we welcome him, we should not make Kenyans suffer. We should live our life the way we have been doing. He should see the way we struggle with traffic jams in Nairobi. We should not hide our suffering. This is our country and what we are going through should not be hidden simply because a visitor is coming. If I had the powers, I could have ordered that all roads should be accessible to all people, so that we do not make people suffer or stay in their houses, simply because the President of the USA is coming to visit Kenya.

I would like to finish by saying that Kenyans are suffering because of corruption and the leadership in this country. We cannot pretend that people are not suffering. The common Kenyan is suffering because of poor health services and economic hardship. We must talk about this. I have no apologies as a person or a Senator to say that there is corruption in this country and it is killing the economy.

The Temporary Speaker (Sen. Ongoro)

Your time is up.

Sen. Kisasa

Asante sana Bi. Spika wa Muda. Namshukuru Sen. Orengo kwa kuleta Hoja hii. Mgeni njoo mwenyeji apone. Naomba kumkaribisha ndugu Obama hapa Kenya. Rais Obama ni kaka yetu na pia Rais wa Marekani.

July 23rd, 2015 SENATE DEBATES

Madam Temporary Speaker, I also want to associate myself with this Motion. This gentleman inspired many people in the world when he came into office in

July 23rd, 2015 SENATE DEBATES

Sen. Murungi

Let us promote the economy, do infrastructure and appeal to President Obama to shift the American foreign policy towards this country.

Madam Temporary Speaker, I also rise and thank the Mover of the Motion. I thank President Obama for finding time to come to our country for a State

July 23rd, 2015 SENATE DEBATES

Sen. (Prof.) Lonyangapuo

Madam Temporary Speaker, I join my colleagues in congratulating Sen. Orengo for bringing this timely Motion, when we are about to have a visitor in town.

This is a historic matter in the sense that for the very first time, a sitting President of the United States of America (USA) is coming to Kenya. We have even seen types of helicopters that have not been seen in Kenya before. Even the Kenya shilling has strengthened today by about Kshs3. We hope that as a result of the visit by President Obama, there will be an impact on the economy, even though the traffic on our roads will be affected.

Madam Temporary Speaker, we need to learn lessons from this visit. One of the lessons is that Kenya has 54 political parties spread in the county assemblies, National Assembly and the Senate, while in America they have less than four political parties. No wonder, President Obama, who comes from a minority, could become President. If there were many political parties in the USA, he would have not have been President. This is a lesson that Kenyans must learn. We need to reduce our political parties to two or three, so that when one vies, he is seen as a member of a political party.

We will also learn a lot from the technology that they will bring. For example, now the whole world is focusing on us because of this visit. We thought that the CNN knew where Kenya is. They are referring to Kenya as the “hotbed of terror”. This means that they do not know where Kenya is. For the very first time, all media Houses are

July 23rd, 2015 SENATE DEBATES

The Temporary Speaker (Sen. Ongoro)

I am standing up to invite you to reply. I am wondering why the orderlies are all over. We are not adjourning yet. The Mover has not yet replied.

I call upon the Mover to reply.