September 24th, 2015 SENATE DEBATES

Thursday, 24th September, 2015

We have several statements lined up for delivery to the House today. The first one is from the Chairperson of the Standing Committee on Health.

Thank you, Mr. Temporary Speaker, Sir. Yesterday I was directed by the Speaker to give this Statement this afternoon but this is a supplementary question that you had requested. I have just received information that the Statement to the supplementary question is not available as the Cabinet Secretary and all the substantial staff in the Ministry of Health are in New York in a conference and although the Statement is ready, it has not been signed by either the Cabinet Secretary or any of the officers.

Mr. Temporary Speaker, Sir, we do not have this Statement and I ask your indulgence that we give it out as soon as it is signed by the officer, hopefully sometimes next week.

Thank you.

Very well! Since the Questioner is on the Chair, I do not want to execute that more. The next one is by the Chairperson on Agriculture, Livestock and Fisheries. Any Member here?

On a point of order Mr. Temporary Speaker, Sir. Although you had ruled on the issue of the first respondent on the question you had raised, did you hear the representative of the Chair say that every Government official is in New York? Does it mean business does not operate when Government officials have left the country?

Mr. Temporary Speaker, Sir, I am sure that I did not say every official in the Ministry of Health but the officials who are substantially senior

September 24th, 2015 SENATE DEBATES

Actually, even Statements by the Principal Secretaries can be rejected by this House. The Constitution is very clear on this. It is only the Cabinet Secretary who has the mandate to give answers to this House and, indeed, the Ministries should be completely discouraged and even stopped not to send to this House Statements signed by somebody other than the Cabinet Secretary. That is the law.

Mr. Temporary Speaker, Sir, I thought the Government recently committed itself that there is no money to increase salaries for teachers? The Chairperson is confiding in this House that the Government sent a huge delegation to the United States of America. They did not go on foot. The United States of America is not anywhere near Kenya and, therefore, a substantial amount of money must have been spent.

Is the Sen. (Prof.) Lesan in order to tell us what he told us at this time, when we want to save every coin for the sake of the kitty of teachers and other civil servants?

Actually it is you who is out of order. The Chairperson just shared information he was privy to. He has no part to play in the dissemination of the activities of the Jubilee Government. I do not think he is aware of any delegation to the United States of America. However, I think you have been overtaken by events because we have a Statement sought by a Member of this House, Sen. (Dr.) Khalwale, which is more detailed than you have put it, on the same issue. Let us wait for that Statement.

Where is the Chairperson of the Committee on Agriculture, Livestock and Fisheries? Did we get a reply to this Statement?

Proceed, Sen. M. Kajwang, you are Member of this Committee.

Mr. Speaker, Sir, the Statement on this matter is not ready. However, I undertake to follow it up and have it issued in the next two weeks.

Since precedence has already been set, where Sen. (Prof.) Lesan was ordered by the Chairperson to bring the Statement himself other than the substantive Chairperson and Vice Chairperson, I order you to bring the Statement in seven days.

Where is the Chairperson of the Standing Committee on Legal Affairs and Human Rights?

Proceed, Sen. Mutula Kilonzo Jnr.

September 24th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, Statement No.3 has been put on the Order Paper by mistake. We agreed yesterday that the Standing Committee on Legal Affairs and Human Rights will endeavour to deliver the response on Tuesday. The Independent Electoral and Boundaries Commission (IEBC) gave us several statements in one document. We requested them to separate them. We have requested for that Statement to be delivered on Tuesday.

Very well, it is so ordered. Where is the Chairperson of the Standing Committee on Labour and Social Welfare? Is there any Member of that Committee in the House?

Where is the Senate Majority Leader?

He is in New York!

Is he in New York also? I am disturbed because the Majority side has very few Members. So, who is acting on his behalf? The House must function. If there is nobody acting, Serjeant- at- Arms, look for the Senate Majority Leader and bring him to the House wherever he maybe or somebody to act in that capacity because the House must function. We will go back to that later.

What is it, Sen. M. Kajwang?

On a point of order, Mr. Temporary Speaker, Sir. In the English language, there is a word called “absconding” which refers to a situation where a leader or someone gives up a job that they have been given to do. Would I be in order, in light of the fact that the Senate Majority Leader is not here and the President is also not in the country to say that the Jubilee Government has abdicated and absconded duty?

Well, I cannot interfere with your opinion. The Chair is not privy to the fact that the President is out of the country neither is he privy to the information that the Senate Majority Leader has absconded. However, let us wait. I have given an order. In a few minutes we will know the truth, but maybe you have a point.

Where is the Chairperson of the Standing Committee on National Security and Foreign Relations? Is any Member of the Committee in the House?

What is it, Sen. (Dr.) Khalwale?

On a point of order, Mr. Temporary Speaker, Sir. I do not know whether you have noticed that in the Statement being sought, which you have just called out, there is reference to “affected by boda boda crime.” in my view---

Which statement are you referring to?

Mr. Temporary Speaker, Sir, I am referring to statement

What is it, Sen. Kagwe?

September 24th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, as much as I may agree with the sentiments of my friend, are we in order to discuss the question even before it has been answered?

These are words put to us by the questioner, Sen. Sang. Maybe, as Sen. Kagwe has said, we wait for the answer, listen to how the answer has been framed and see whether the meaning of “boda boda crime” really stands to your comment, then we question why it is so.

What is it, Sen. Musila?

On a point of order, Mr. Temporary Speaker, Sir. I am assuming that you have completed Statement (e) . Mine concerns two issues about cash transfers to the elderly, the youth and the disabled. First, you will recall that the Acting Cabinet Secretary for Labour and Social Welfare came here and promised to come back. That was before we went on recess. When we resumed, I asked when the Cabinet Secretary will come here. I was promised that I will be given a date this week.

Secondly, there was the issue of security in Kitui-Tana River border whereby before we went on recess, the Chair ruled that the Cabinet Secretary for Interior and Coordination of National Government would be coming here to meet the Committee of the Whole House to discuss the issues that had been raised since the Chairperson could not give us a satisfactory answer. I am requesting that I get the dates when the Cabinet Secretary for Interior and Coordination of National Government and the Cabinet Secretary for Labour and Social Welfare will also come.

These are very serious matters. The moment this House continues to leave matters like these pending for too long, they will have no meaning because my people at the border have continued to be harassed yet I am not getting any answer.

The House should rise to the occasion and ensure that the Cabinet Secretaries concerned come here and address these issues.

What is it, Sen. Obure?

On a point of order, Mr. Temporary Speaker, Sir. It is a follow up on what my colleague, Sen. Musila has said. Five Statements were scheduled to be issued today. Not a single one has been issued. You can also see that the mood in this House is somewhat dull. I do not think that this is the way we will go on transacting our business. Perhaps time has come when, as the leader of this House, you should categorically direct, particularly the committees to do their work.

If there are Cabinet Secretaries or Ministries which are not up to the task, they should come here so that they can face us and we tell them exactly how business should be conducted. I want to register my position that the way we have been this weeks is very unsatisfactory.

Your concerns are legitimate. If you listened carefully, the Chair raised this concern, of a House, actually in process without even representation of the Senate Majority Leader. That is a situation that should not be entertained and accepted at all. It is a failure on the part of the concerned persons.

However, I so direct as you prayed. I also direct that the secretariat looks at the HANSARD and gives us the answer to the concerns of Sen. Musila. He should get his communication by Wednesday next week.

What is it, Sen. Kagwe?

September 24th, 2015 SENATE DEBATES PERSONAL STATEMENT APPRECIATION TO PARLIAMENT AND FRIENDS FOR SUPPORT ON BEREAVEMENT

Mr. Temporary Speaker, Sir, I rise on a point of order in accordance to Standing Order No. 46 to make a short Personal Statement.

On behalf of myself and my family, I want to record my appreciations, deep-felt thanks to Parliament and many friends who came to be with us and condole with us during the funeral of my late father, Kagwe Mutahi.

Mr. Temporary Speaker, Sir, I want to record that the family appreciated the financial support from this House, the moral support of the visit to my house by some Senators here, and for those who personally attended the funeral in Nyeri and by the many prayers that were said for our family by Members of this House in a bi-partisan manner. Indeed, the Speaker himself was at the function and played a role in some of the Master of Ceremony (MC) work that was done. Therefore, we are grateful. The person that I lost was not just my father but also my friend and a lot of friends stood with us. I want to tell this House that we are grateful.

I see the Chair of the Standing Committee on Labour and Social Welfare in the House.

Sen. Madzayo, could you reduce the rituals and listen to me? Look at the last page of your Order Paper titled, appendix and go to number (d) . You are required to answer that Statement now.

Mr. Temporary Speaker, Sir, I have the answers ready with me.

The questioner, Sen. Chelule is in, so you could go ahead.

This is a Statement sought by the distinguished Sen. Chelule who wanted to know the status of finances to the youth, women and persons with disabilities to execute tenders won. In particular, the Senator sought to be informed on the following two issues:-

September 24th, 2015 SENATE DEBATES

Sen. Madzayo, you said so little with so many words. Actually, you gave the Members of the House expectations of an answer. I am not impressed.

What is the time frame?

Mr. Temporary Speaker, Sir, I have requested for two weeks.

Sen. Chelule, when was this Statement sought?

Mr. Temporary Speaker, Sir, I requested for this Statement before we went for our last recess. When we came back on Tuesday, I was promised by one of the Members of that Committee that the report will be ready in one week. It seems like there is a lot of confusion in this Committee because the Chairman is stating that it will be ready in two weeks but on Tuesday I was promised by one of the Members in that Committee that it will be ready in one week.

Since the Statement that I requested needs time because it is a comprehensive report of what he has mentioned about the people who have benefited from Uwezo Fund, both the rural and the urban, I think it is reasonable for me to give them time. We need to have that comprehensive report. I will give him the two weeks that he has requested for.

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

What is it Sen. (Prof.) Lonyangapuo?

Mr. Temporary Speaker, Sir, now that the Chairman has given himself more time than what you gave last time, am I not in order to tell him to list the beneficiaries of those categories per county?

Wait for the answer and if it will be deficient on your expectations, you will then rise with a question.

Chair, from the HANSARD records that I have, the Statement was sought on 30th July. This is two months but since the questioner does not mind, and she has stated on the HANSARD that you get two weeks, then, make sure that in two weeks’ time, the answer is delivered.

On a point of order, Mr. Temporary Speaker, Sir. I want to register my disappointment on the way the issues of Statements sought on behalf of the marginalized groups are taken. The matter is very grave and as we take long to respond to these issues, we are not putting into consideration financial and budgeting period. Marginalized groups---

Mr. Temporary Speaker, Sir, there is a lot of noise. I would like your protection from Sen. Sang.

September 24th, 2015 SENATE DEBATES

Order Sen. Sang, you have just walked in. We do not make noise here.

Mr. Temporary Speaker, Sir, there was loud consultation. I was registering my disappointment in saying that the category of people with disabilities, women and youth are the ones losing on what the Constitution has provided for them. Two weeks adding to two months is too long. I want to register my disappointment because I am not comfortable with the way this Statement---

I want to agree that even if we wait for so long, the manner in which these answers are given to Statements sought, is not---

Order! I have already ruled on this and so, you should have been careful not to make it a debate.

Mr. Temporary Speaker, Sir, I agree with you and want your direction. My concern is about duration and the way the Statement is going is going to be answered.

Very well. I have noted the concerns of Sen. Godliver and it is right in the HANSARD.

Let me give some guidance. I see a lot of requests here. Sen. Nabwala, are you on a point of order or you want to contribute? What do you want to contribute on?

Mr. Temporary Speaker, Sir, I want to contribute on both.

You cannot contribute on both, because there is nothing yet to contribute on.

I am on a point of order, Mr. Temporary Speaker, Sir.

What is your point of order? Next time press the right button.

On a point of order, Mr. Temporary Speaker, Sir. Since the Jubilee Government is a digital Government, we do not need to have a delay of six months for us to be able to get the information, unless the chairpersons of these committees are not working. In that case, we should declare a vote of no confidence in them.

Sen. Lesan, what is your point of Order? Please, press the right button next time.

Mr. Temporary Speaker, Sir, I just wanted to emphasize the significance and the importance of getting the answer from the Ministry of Labour, Social Security and Services as urgently as possible, as a consequence of the lots of money that President Obama brought when he came to this country. The youths are currently going through elections to put their officials in place, so that they can access these funds. Therefore, the significance of this answer is very critical, so that we can get the youths to access the funds from the banks.

I request the House to observe procedure, although the comments are very important. Since you rose on a point of order, what is not in order? You have to execute your comments properly.

On a point of order, Mr. Temporary Speaker, Sir. I mind about this Statement very much. Since I am very much interested in the answers, patience is

September 24th, 2015 SENATE DEBATES

Very well. I have already made a ruling on that and so, I do not expect any further comments.

Sen. Leshore, is it on the same issue?

Yes, Mr. Temporary Speaker, Sir. Temporary Speaker (Sen. (Dr.) Machage) : I have already made a ruling.

Mr. Temporary Speaker, Sir, you have ruled but I am not against your ruling. I just want to support Sen. Chelule because I know she minds a lot about the young people, the disabled and women. I would like to urge the Chairman and the Ministry of Labour, Social Security and Services to come up quickly with the methods and processes that the youths and people with disabilities can follow to access this money. This is because we get messages and letters from all over especially, from my county Samburu. How are they going to access the money that President Obama brought to Kenya?

I have already made a ruling.

Hon. Senators, I wish to recognize the presence of students and teachers From Karatina D.E.B primary school from Nyeri County, who are seated in the Public Gallery. In our tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit.

Thank you.

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, as I agree with you on this particular one, of course, I would have appreciated if the leadership of the Committee would have delegated the same responsibility to a Member of the Committee. This is a Statement that I sought and it has two components. One of the components is the rising insecurity within Kapsabet Town and Mosoriot Trading Center and I would have appreciated a response.

Order, Sen. Sang! Whereas I appreciate your concerns, this holiday was communicated to the House yesterday and, therefore, we may not appreciate your comment now. You may do it on Tuesday because your argument does not hold any water. We have already made a comment and it is so ordered. We have even congratulated the two Members in absentia as they celebrate their important holiday. We are not really doing justice. Please, hold your guns until an appropriate time for the same.

Do you have another point of order? It should not be on the same subject.

Mr. Temporary Speaker, Sir, not really on the same subject.

I will rule you out of order if it will have any association with the same subject.

Mr. Temporary Speaker, Sir, after I requested this Statement, an incident occurred in my county in the same town. Thugs broke into the county government offices and stole computers, laptops and gas cylinders. As part of the Statement that I sought, one of the components was the alleged laxity of security officers. You will appreciate that a county Government is manned 24 hours by police officers. However, this is happening in the face of allegations by the public that some police officers are colluding with criminals.

Would I be in order to request that the Deputy Senate Majority Leader, the Senator for Kericho County, gives an undertaking that the Inspector-General (IG) will ensure that there is enhanced security within Kapsabet Town and the affected areas, so that even as we wait for Tuesday, we can be guaranteed of security within Kapsabet Town for the four days before we get to Tuesday?

Mr. Speaker, Sir, I think it is the duty of the police to provide security for all Kenyans. I do not need to remind the Inspector-General (IG) that there is a special consideration for Kapsabet Town. It is supposed to be done everywhere in the country. I will undertake to do that.

September 24th, 2015 SENATE DEBATES

Order! That was an addendum to his concerns so, it is legitimate.

On a point of order, Mr. Temporary Speaker, Sir. A Member of this House, in this case, Sen. Sang, has risen to raise very specific concerns about insecurity in his county. He has requested that special attention be given because from what he said, this is apparently a regular menace. He asked that in the intervening period between now and the time that this question will answered, the Inspector-General (IG) gives special attention to the security challenges in that area.

The Deputy Senate Majority Leader is being very casual about it. He has said that it is the work of the police and we expect them to do that. Is he in order?

He is completely out of order. The House did not appreciate the casualness with which the Deputy Senate Majority Leader took the issue as raised by Sen. Sang. We know him and his expressions very well. I think we can say that this House has authority to describe his behaviour.

Mr. Temporary Speaker, Sir, after I requested this Statement, an incident occurred in my county in the same town. Thugs broke into the county government offices and stole computers, laptops and gas cylinders. As part of the Statement that I sought, one of the components was the alleged laxity of security officers. You will appreciate that a county Government is manned 24 hours by police officers. However, this is happening in the face of allegations by the public that some police officers are colluding with criminals.

Would I be in order to request that the Deputy Senate Majority Leader, the Senator for Kericho County, gives an undertaking that the Inspector-General (IG) will ensure that there is enhanced security within Kapsabet Town and the affected areas, so that even as we wait for Tuesday, we can be guaranteed of security within Kapsabet Town for the four days before we get to Tuesday?

Mr. Speaker, Sir, I think it is the duty of the police to provide security for all Kenyans. I do not need to remind the Inspector-General (IG) that there is a special consideration for Kapsabet Town. It is supposed to be done everywhere in the country. I will undertake to do that.

September 24th, 2015 SENATE DEBATES

Order! That was an addendum to his concerns so, it is legitimate.

On a point of order, Mr. Temporary Speaker, Sir. A Member of this House, in this case, Sen. Sang, has risen to raise very specific concerns about insecurity in his county. He has requested that special attention be given because from what he said, this is apparently a regular menace. He asked that in the intervening period between now and the time that this question will answered, the Inspector-General (IG) gives special attention to the security challenges in that area.

The Deputy Senate Majority Leader is being very casual about it. He has said that it is the work of the police and we expect them to do that. Is he in order?

Thank you, Mr. Temporary Speaker, Sir. On 12th March, 2015, I sought a Statement from the Chairperson of the Committee on Education on the status of funding for special needs schools. Could the Chairperson tell us – although I cannot see him in the House – the status of funding to these schools?

Mr. Temporary Speaker, Sir, the HANSARD will bail me out.

Mr. Temporary Speaker, Sir, I said very well that it is the duty of security officers to provide security everywhere in the country. He is particular about Nandi County and other counties. Then, I said: “However, I will endeavour to make sure that the area that he has mentioned will be given consideration.” I did not mention but I gave a general overview of what the security officers are supposed to do. Otherwise, everybody will be asking a question about a problem here and there. It is the duty of police officers to do that. I have taken it seriously. You know me very well.

Very well. There is nothing wrong completely, if every Senator here rose on an issue of security.

I want to hear requests for Statements.

Thank you, Mr. Temporary Speaker, Sir. On 12th March, 2015, I sought a Statement from the Chairperson of the Committee on Education on the status of funding for special needs schools. Could the Chairperson tell us – although I cannot see him in the House – the status of funding to these schools?

Where is the Chairperson of the Committee on Education or any Member of that Committee?

September 24th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. I saw the Chairperson around but he seems not to be here. I will pass the information. I request Sen. Nabwala to bear with us. We will respond to it on Tuesday next week, if it is okay.

Thank you, Mr. Temporary Speaker, Sir. I rise under Standing Order No. 45 (2) (a) , to request for a Statement on some issues affecting my county. We have a road called C58 as per the classifications, which goes from Nyayo Stadium all the way to Magadi. This road has really been of great concern to the county, because it serves quite a number of people and particularly those of Magadi soda. Quite a number of people have lost their lives and businesses because of the status of the road. The same road has really caused even the people of Nairobi who have been enjoying their nyama choma in Olepolos Country Club not to go there.

There are quite some deep valleys where quite a number of vehicles have rolled and I have tried as much as possible to reach the Ministry concerned, and right now the concern of the people is that El-Nino rain is just about to fall and because of that, I rise to request through you to direct the Ministry concerned to attend to it so that at least when El-Nino comes, our people will not be found in the status they are in.

September 24th, 2015 SENATE DEBATES

You rose under which Standing Order?

Mr. Temporary Speaker, Sir, under Standing Order No. 45 (2) (a) . Protect me from the Leader of the Majority. He should be concerned about the sufferings of my people.

I thought you were making a statement on Standing Order No. 46 that is why I did not insist on the one hour notice. I want Members to read carefully Standing Order No. 45 and note that requirement. Remember when you make a personal statement like is prescribed by Standing Order Nos. 45 and 46, you are limited also to your prayers because it cannot be like a demand for a Chairperson’s statement because there is no discussion. Once you finish, that will be the end of it. It will not be revisited at all. I would request that may be you come back to the House and make a request from the Chairperson a Statement on the same so that you have better answers to the questions you have raised.

Thank you, Mr. Temporary Speaker, Sir. I rise under Standing Order No. 45 (2) (a) , to request for a Statement on some issues affecting my county. We have a road called C58 as per the classifications, which goes from Nyayo Stadium all the way to Magadi. This road has really been of great concern to the county, because it serves quite a number of people and particularly those of Magadi soda. Quite a number of people have lost their lives and businesses because of the status of the road. The same road has really caused even the people of Nairobi who have been enjoying their nyama choma in Olepolos Country Club not to go there.

There are quite some deep valleys where quite a number of vehicles have rolled and I have tried as much as possible to reach the Ministry concerned, and right now the concern of the people is that El-Nino rain is just about to fall and because of that, I rise to request through you to direct the Ministry concerned to attend to it so that at least when El-Nino comes, our people will not be found in the status they are in.

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

On a point of order. Mr. Temporary Speaker, Sir. Listening to the Deputy Leader of Majority, he is outlining the business of the coming week in a “business as usual” manner, and yet he knows that in the minds of all Kenyans especially parents, teachers and children, the closure of schools remains the most important unresolved national issue. Could he tell the country what the government is going to do in the coming week to unlock this stalemate?

Order! Sen. (Dr.) Khalwale!

Mr. Temporary Speaker, Sir, I never engage in an altercation with you but all that I was doing, like it is the tradition of this House, we are free to call for certain business to get consideration in the Rules and Business Committee. This is all I was doing.

Very well, do it at the right place, at the right time, in the right way, in the right manner and using the right Standing Order. That is all I am trying to tell you.

Thank you Mr. Speaker, Sir, I would wish to give a Statement on behalf of the Senate Majority Leader regarding the Business of the Senate for the week commencing 29th September, 2015, pursuant to the provisions of Standing Order No. 45.

Hon. Senators, pursuant to the provisions of Standing Order No, 45, this is to present the Senate Business for the coming week.

The Rules and Business Committee (RBC) will meet on Tuesday 29th September, 2015 at noon to schedule business of the Senate for the week. Subject to further directions by the Rules and Business Committee, the Senate will continue with business that will not be concluded in today’s Order Paper focusing on debates on Bills at the Second Reading and Committee of the Whole stages.

On Wednesday, 30th September, 2015, the Senate will continue with business not concluded during Tuesday’s sitting and consider the following at the Committee of the Whole;

September 24th, 2015 SENATE DEBATES

Bwana Spika, naomba msamaha na ningependa kutoa matamshi yangu kwa rekodi ya Seneti.

For those who might never know, a mkora means a cunning thief.

Next Order!

Mr. Temporary Speaker, Sir, I never engage in an altercation with you but all that I was doing, like it is the tradition of this House, we are free to call for certain business to get consideration in the Rules and Business Committee. This is all I was doing.

Very well, do it at the right place, at the right time, in the right way, in the right manner and using the right Standing Order. That is all I am trying to tell you.

Thank you, Mr. Speaker, Sir, hawa wakora watoto wao wako kwa shule---

Order! Sen. (Dr.) Khalwale!

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

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

For those who might never know, a mkora means a cunning thief.

Next Order!

September 24th, 2015 SENATE DEBATES THE COUNTY OUTDOOR ADVERTISING BILL (SENATE BILL NO. 11 OF 2015)

Hon. Senators, This is Parliament week and therefore some Members who were bestowed with some responsibilities are participating in the exercise. For that reason, I defer Order Nos. 9, 10, 11,12,13,14 and 15.

Next order!

September 24th, 2015 SENATE DEBATES

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

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

September 24th, 2015 SENATE DEBATES

Granted.

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, the other day,

“What is it that will distinguish us? Why do we look like everybody else conducting business as usual?” We come into the Chamber, bow to you and then walk out. What legacy shall we leave in this Senate? Other than exorcising ghosts of Independence; that this Senate will not be disbanded like the first one, we must leave a legacy that will live way beyond all of us. That is law to deal with the landless of this Republic.

Before Sen. Sang comes,

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, the other day,

Hon. Senators, I now propose the Question:-

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

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

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

ALSO NOTING that section 15 of the National Land Commission Act mandates the Commission to recommend to Parliament appropriate legislation to provide for investigation and adjudication of claims arising out of historical land injustices for the purposes of Article 67 (2) (e) of the Constitution;

FURTHER NOTING with concern that the envisaged legislation has not been enacted five years after promulgation of the Constitution;

AND NOTING that historical injustices on land matters was among the main justifications for the new Constitution; this Senate urges the National Land Commission to urgently recommend to the Senate within the next 60 days, a Bill to address historical land injustices, to provide a framework to ensure that land is properly utilized for the economic benefit of the affected communities.”

The HANSARD should capture

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

Hon. Senators, I now propose the Question:-

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

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

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

ALSO NOTING that section 15 of the National Land Commission Act mandates the Commission to recommend to Parliament appropriate legislation to provide for investigation and adjudication of claims arising out of historical land injustices for the purposes of Article 67 (2) (e) of the Constitution;

FURTHER NOTING with concern that the envisaged legislation has not been enacted five years after promulgation of the Constitution;

AND NOTING that historical injustices on land matters was among the main justifications for the new Constitution; this Senate urges the National Land Commission to urgently recommend to the Senate within the next 60 days, a Bill to address historical land injustices, to provide a framework to ensure that land is properly utilized for the economic benefit of the affected communities.”

The HANSARD should capture

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to also support this historical Motion that has been brought to the House.

From the outset, let me congratulate Sen. Mutula Kilonzo Jnr. for seeing it fit to bring an important Motion to this House. Let me also congratulate the Seconder of this Motion, the distinguished Senator for Nandi.

Mr. Temporary Speaker, Sir, may I also express my sympathies to you for what happened to you when you raised these matters that were very historical. Indeed, you had the oversight, like a giraffe; that these matters will be serious in the Republic. Today, you have been validated by actually presiding over the House as we discuss these matters.

Mr. Temporary Speaker, Sir, this issue is, indeed, the elephant in the House. If this elephant is not slain and we do not face this monster, we will never ever resolve the issues of land in this country. Land injustices have stemmed from a very long time, right from the British colonial times when the colonial forces decided to amass and take the prime lands of our people and occupy them. To date, quite a number of subjects, who are

September 24th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. I rise to support the Motion; that the Senate urges the NLC to urgently and within 60 days submit to this Senate a Bill to provide that this matter be sorted out.

It is, indeed, a shame that we can pay those commissioners so well and give them such a fat sitting allowance and big four-wheel drive vehicles, and they wait until we have reminded, pushed and given them timelines for them to remember that they should do what we are saying. They should have done it long time ago. I hear that there are lawyers in that group. What kind of law do they know? Indeed, what school of law did

September 24th, 2015 SENATE DEBATES

Order, Senator! You must stick to the Motion.

Mr. Temporary Speaker, Sir, I am talking about historical injustices. As I move to the substance of the Motion, I cannot be proud of being a Senator in Kenya when we have closed down 20,000 primary schools and 6,000 secondary schools. We must, indeed, all of us be very foolish to think that we are moving forward.

On the issue of historical injustice on land---

On a point of order, Mr. Temporary Speaker, Sir. Is Sen. (Dr.) Khalwale in order to keep staring at me throughout as though I am the author of his problems?

What is the point of order, Sen. (Dr.) Khalwale?

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

Order, Sen. (Prof.) Anyang’-Nyong’o!

Mr. Temporary Speaker, Sir, I remember during the time that the late Mzee Jomo Kenyatta was the President of this country; an issue of national importance was raised referring to a place called Kedong. There was a ranch called Kedong Ranch. I remember one day the late Mzee Jomo Kenyatta went there. As usual, the traditional dancers; Nyakinyua women danced very well. As a present, they were given Kedong Ranch.

Mr. Temporary Speaker, Sir, there are many such incidents in the history of this country. However, I am giving the Maasai as an example. They have been very generous to this country, but for which a lot of injustices have been committed.

Reading my history, I remember that when Lord Delamere came to this country and went to settle in the Rift Valley where his children and grand children today still are, at a place called Soysambu, he decided to establish cattle ranching in this country. We must commend him for being very adventurous. He brought some cows and a bull from New Zealand. These hybrid cattle could not do very well. So, he decided that he was going to crossbreed the bull from New Zealand; I do not know whether it was a Friesian or something like that with a Maasai cow. This bull was very big. Lord Delamere believed that it had very good semen. These were hardy Maasai cows, so he thought if he crossbred the bull and the cows, the offspring would be adaptable to the environment.

However, the bull came and it was not doing anything. So, he asked the Maasai peasants; what do I do? They said “look, in our culture, if a bull wants to mate with a cow, the bull must be able to run. That is part of the mating. If this bull cannot run, then it will not succeed in the job you want it to do.” That comment by the Maasais led Lord Delamere to invent Artificial Insemination (A.I) . So, for cattle ranching in this country

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, I do not wish to interrupt my teacher in terms of political behaviour, but is he in order to speak in such a manner that can make the Chair cry?

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. I would like to thank the Mover of this Motion which is very key in settling matters concerning land. The NLC was formed for the purpose of sorting out most of these land matters which is an uphill

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, just like Sen. (Prof.) Anyang'-Nyong'o, I rise to recognize the role that has been played by Sen. Mutula Kilonzo Jnr. by bringing this Motion which suggests and compels the NLC to urgently prepare and bring to the Senate a Bill that addresses major historical land injustices.

This is good news to Kenyans who have been waiting for such a long time for our Government - and we have never lacked a Government since 1963 - to look back and correct some of the historical land injustices that have displaced people.

We have a community in Nandi called Talai. They were thrown out from their land by the colonialists. When we became an independent nation, that was the first item that was supposed to be restored, but to date, they are scattered all over. Some were displaced to Tanzania and some in Kericho. If they had historical land, who took it? If there is a new owner because there is no land which is empty, it means that the Government needs to compensate and pay the original land owner who now is floating because he or she has no documents so that they can feel that they are under the leadership of Africans and restoration of justice has come.

It is not only in Nandi where this happened. In the former white islands, in Kericho, there are large tracts of land which are full of tea and the owners are different from the original ones because the real owners were chased away. Many years have elapsed, but historical injustice has not changed name, it has still remained as such.

In Africa, particularly the region where I come from and those in Kericho, generations are told through stories and songs of where our land used to be and what happened to it. Every Government has to be bold enough to know how to settle those people or compensate them in the version and form that we gave IDPs from the year

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

Asante, Bw. Spika wa Muda, kwa kunipa nafasi kuchangia Hoja hii. Kwanza, natoa shukrani za dhati kwa Sen. Mutula Kilonzo Jnr. Nafikiri kwamba katika maono yake, ameona kwamba sio jambo la eneo fulani bali ni Wakenya wote walioko katika janga hili la dhuluma ya mashamba. Nampongeza kwa kuleta Hoja hii. Maonevu na wizi wa mashamba ni kama ugonjwa wa saratani ambao ni ngumu kupona na lazima mtu apewe matibabu mengi sana. Sisi tuko katika historia sasa na hivyo ningependa kusema kwamba watu wanoitwa maskwota, walala hoi au maskini ambao hawajiwezi wameteswa na mabwenyenye.

Hilo ni jambo la kusikitisha kwa sababu nikitoa mfano wa Kaunti ya Kilifi, karibu kaunti yote, watu ni maskwota na ni jambo la aibu sana kwamba tangu Uhuru upatikane Kenya, watu ambao wana hati miliki za ardhi ni wachache sana. Ni maonevu ambayo ni dhambi kubwa sana hata mbele ya Mungu. Kilio cha wanyonge cha watu wa Pwani ni

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

Asante, Bw. Spika wa Muda kwa nafasi hii. Namshukuru Sen. Mutula Kilonzo Jnr. Naunga Hoja hii kama mmoja wa waathiriwa kutoka Pwani. Nasikitika mara nyingi katika mikutano ya kisiasa na hata hapa Bungeni kusikia swala la ardhi likizungumziwa na viongozi wengi kana kwamba hawaelewi wanachozungumzia. Viongozi wa Pwani wamekuwa wakilia kwa miaka mingi wakilalamika kwamba ardhi ya watu wa Pwani imenyakuliwa na watu wa bara na pamoja na kiongozi wa kwanza wa Jamhuri ya Kenya.

Lakini maswali mengi huibuka kwa wakaazi wa Pwani. Wakati ule watu wa bara huja na kunyakuwa ardhi za watu wa Pwani, anayewaleta ni nani? Isipokuwa ni wenyewe Wabunge, Kamau, Odipo, Njoroge, Mutula au Kamene atajuaje kuwa kuna Rea Vipingo

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

September 24th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, mine is just to commend the proponent of this Motion, my brilliant learned colleague, Sen. Mutula Kilonzo Jnr. What he has addressed in this Motion is timely and should have been done within the first three years of inception of the Constitution. All in all, it is not too late for us. We need to address all these injustices up to the realm of who owns what and all the rights of the owners.

The coastal region has issues. There are also investors who have done an impressive job of investing and developing land. However, those with idle land should be dealt with in the new order as envisaged in the new law. We also have internal issues in Nyamira County, so I hope that by the enactment of the said law, we will address these issues

With those few remarks, I beg to support.

I now call upon the Mover to reply

September 24th, 2015 SENATE DEBATES

Hon. Senators, before I put the Question, pursuant to the provision of Standing Order No.72, I rule that the Motion does not affect counties.

I, therefore, wish to put the Question.

September 24th, 2015 SENATE DEBATES

We are left with only four minutes and we want to dispose this issue.

Hon. Senators, it is now time to adjourn the sitting of the Senate. Therefore, the Senate stands adjourned until Tuesday, 29th September, 2015, at 2.30 p.m.

The Senate rose at 6.30 p.m.

I now call upon the Mover to reply

Mr. Temporary Speaker, Sir, I thank all the Senators for their lively contribution to this Motion. I have nothing useful to add to what the Senators have said and no point of reply has risen out of what most Senators have said, except to support the Motion. My only request through the Chair as I reply is that the HANSARD of the Senate together with the Motion itself, be forwarded to the National Land Commission (NLC) through the Office of the Speaker so that then they are alerted to the sentiments that we have raised as Senators here and so that this Motion does not disappear into the books of history or records of this Senate like most of the Motions which we have debated since the inception of the Senate and we have not seen any tangible results.

The anger that you have seen is that of injustice. The only way to capture the injustice is to ensure that this Motion and sentiments of all my colleagues gets to the Chairman of the National Land Commission (NLC) as soon as possible.

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

Hon. Senators, before I put the Question, pursuant to the provision of Standing Order No.72, I rule that the Motion does not affect counties.

I, therefore, wish to put the Question.

September 24th, 2015 SENATE DEBATES

Hon. Senators, it is now time to adjourn the sitting of the Senate. Therefore, the Senate stands adjourned until Tuesday, 29th September, 2015, at 2.30 p.m.

The Senate rose at 6.30 p.m.