Thursday, 29th March, 2018

Let us skip Order No.6, on the Notice of Motion. We shall come to that order later. Let us move on to the next Order.

Where is the Chairperson of the Standing Committee on Health? We will come back to that Statement.

Where is the Chairperson of the Standing Committee on Devolution and Intergovernmental Relations? We will come back to that Statement.

March 29, 2018 SENATE DEBATES DIVISION OF REVENUE OBTAINED FROM MINING IN TAITA-TAVETA COUNTY

Where is the Chairperson of the Standing Committee on Lands, Environment and Natural Resources to issue the statements? We will come back to that Statement.

Where is the Chairperson of the Standing Committee on Tourism, Trade and Industrialization to issue the statement?

We will come back to that Statement.

Where is the Chairperson of the Standing Committee on Health to issue the Statement? We will come back to that Statement.

Where is the Chairperson of the Standing Committee on Labour and Social Welfare to issue the Statement? We will come back to that Statement.

Where is the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations to issue the Statement? We will come back to that Statement.

Where is the Chairperson of the Standing Committee on Roads and Transportation to issue the Statement?

Where is the Chairperson of the Standing Committee on Education to issue the Statement? We will come back to that Statement.

Mr. Speaker, Sir, I have the response, and I have shared it with the Senator who sought the Statement.

The Senator sought to know why the Government resorts to transfer the teachers from schools in Northern Kenya whenever the area faces insecurity. The Ministry of Education through the Teachers Service Commission (TSC) is in charge of transfers and deployment of teachers throughout the country. Non-local teachers have been killed and others maimed in the recent past in Mandera and Wajir counties by the Al-Shabab militants.

Mr. Speaker, Sir, the transfer of the non-local teachers in such situations is in line with the court ruling of 2015 against the TSC which held that the right to life is sacrosanct and supersedes all other rights under Chapter Four of the Constitution. The transfers are aimed at protecting and preserving the lives of the targeted teachers whose attacks are at times aided by some members of the local communities. In addition, the TSC transfer policy allows transfer of teachers who have completed three years since the first date of employment in the Arid and Semi-Arid Lands (ASALs) areas. In other areas, it is supposed to be five years, however, the current TSC policy, in ASALs areas, a teacher qualifies for transfer after three years of employment.

Mr. Speaker, Sir, I have a very extensive table showing the number of teachers that have been transferred. However, in the interest of time, allow me to go to the summary part of the response.

First, on the affirmative action, the TSC continuously recruits teachers from Northern Kenya on contract for three years upon their retirement. To this end, the TSC has recruited a total number of 184 teachers; 105 for primary schools and 79 for secondary schools since 2015 when the first serious insecurity incident was reported.

Mr. Speaker, Sir, secondly, all primary school teachers in Northern Kenya who have acquired a diploma or degree certificates and have met the minimum requirement have been deployed to secondary schools in the region for optimal utilization.

Thirdly, all persons from Northern Kenya who have been registered as teachers by the TSC have been employed and deployed in the region.

Lastly, the TSC has also opened up the recruitment period for teachers in Northern Kenya unlike other parts of the country where the deadline for recruitment always apply. Up to this time, the recruitment for teachers in the North Eastern region is still on. I am informed that a great number of teachers have applied and by the start of second term from May, these schools will be staffed as usual.

Mr. Speaker, Sir, in my Statement, I had requested for a table indicating the number of teachers transferred from schools in Wajir county since 2015 which has been provided. However, I have just gone through the report and they have not indicated the teacher to student ratio.

Mr. Speaker, Sir, Sen. Farhiya had asked for a comprehensive table showing the number of teachers that have been transferred. I have answered that; that the recruitment for teachers in Northern Kenya is open. Today, I spoke to the TSC Chief Executive Officer (CEO) and she said that the recruitment is taking place right now and they will realize that ratio---

Order, Senator! The Senator is still on the Floor. What is your point of order?

Mr. Speaker, Sir, the reason I asked for the teacher to student ratio is because I wanted to show the gravity of the issue that is facing Northern Kenya. In the absence of that table, then the essence of this Statement is not satisfactory.

Chairperson, can you give an undertaking?

Mr. Speaker, Sir, give me one week to get the teacher to student ratio.

That is okay. We will get the response in one week’s time.

Hon. Senators, we will come back to the statements later. Let us go back to Order No. 6 – Notice of Motion.

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

THAT, pursuant to Article 5 of the Protocol to the Treaty establishing the African Economic Community and relating to the Pan-African Parliament, the Senate approves the appointment of the following Members of Parliament to the Pan-African Parliament-

Mr. Speaker, Sir, I beg to move the following Motion:-

THAT, pursuant to Article 5 of the Protocol to the Treaty establishing the African Economic Community and relating to the Pan- African Parliament, the Senate approves the appointment of the following Members of Parliament to the Pan-African Parliament-

greater role to play, together with Hon. Jude Njomo, of the banking interest rates capping fame. He can now take that experience to Africa to share what he did in the National Assembly and also deal with matters of facilitating trade and investments, because dealing with matters of interest rates has something to do with trade and investments.

They will also be with hon. Beatrice Kones, who is also an experienced legislator. My colleague and former Senator, who is now a Member of the National Assembly, hon. Janet Ong’era will also be with them. I was appointed by this House to represent Kenya in the PAP together with hon. Ong’era and she is the one who will have the institutional memory of what has been happening. She will also be the one who will tutor other Members so that they can be in tune with what is happening in the PAP.

Mr. Speaker, Sir, this is an area in which I have a lot of interest and I would have said so many things but I will not, in the interest of time. I schooled in the University of Nairobi, but I also had the opportunity to study trade and investment law in South Africa at the University of Pretoria. I am, therefore, nostalgic about Pretoria and Midrand, where the PAP is located. I am also nostalgic about issues of trade and economy of Africa and I could write a whole PhD thesis about it. I can speak here for the whole day because I still have about 55 minutes, but I do not want to do that because this is an important day. We have so many businesses that we must complete.

Mr. Speaker, Sir, This is a straightforward Motion. I request my colleagues to join hands to approve these colleagues to go and serve us in the PAP. Let us tell them to go and serve the world, make a difference and leave a mark in Midrand and in Africa.

Mr. Speaker, Sir, I beg to move and, in the absence of the Senate Minority Leader and in the spirit of unity, which is purely discretional, I request the Senator for Kwale County, Sen. Boy, to Second this important Motion.

Asante Bw. Spika. Ningependa kuongeza kwamba sisi Maseneta hapa tunaunga mkono kuteuliwa kwa ndugu zetu, Sen. Stewart Madzayo na Sen. (Dr.) Abdulahi Ibrahim Ali. Mimi, kama Seneta kutoka Kaunti ya Kwale, naunga mkono mswada huu. Niko na imani kwamba hawa Maseneta wenzetu watatufanyia kazi nzuri kule. Kwa hivyo naunga mkono orodha hii ambayo imeletwa katika Bunge letu la Seneti.

Bw. Spika, sina mengi ya kuongeza, isipokuwa kusema kwamba naunga mkono Mswada huu.

Asante sana, Bw. Spika.

An hon. Senator: Put the Question!

Thank you, Mr. Speaker, Sir, for this opportunity. I support this Motion on the appointment of these Members of Parliament to the PAP. This list is quite fair and comprehensive. I can see that the Senate is well represented by Sen.

Madzayo and Sen. (Dr.) Ali and also by the Members in the National Assembly. I believe that they are going to serve and represent us well. Given the wealth of experience that they have, they will also express our thoughts.

Mr. Speaker, Sir, I just want to pick on one of the key issues that the Senate Majority Leader just talked about Hon. Jude Njomo; the issue of capping interest rates. This is a pertinent issue that affects all citizens in this country. Quite a number of citizens take loans from banks so that they can develop themselves, because there is no way they can develop themselves as citizens without taking loans from the banks. If the interest rates are capped, it will also help in the development of individual families and Kenyans at large.

Mr. Speaker, Sir, there is also something that has come out concerning linguistic issues. If Kiswahili can also be used as a language in the PAP, it will be very good because it will also unite us. Kiswahili is an important language and it has come out clearly---

Sen. (Dr.) Musuruve, can you be relevant to what Standing Order No. 10 stipulates?

Mr. Speaker, Sir, thank you for that caution. In brief, I support this Motion and believe that the Members will do a commendable job in representing us.

Thank you, Mr. Speaker, Sir.

Given that the matter does not concern counties, I wish to put the Question.

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of visiting students and teachers from Chwele Girls High School in Bungoma County. In our usual 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.

I thank you.

We will now go back to Order No.5; Papers.

March 29, 2018 SENATE DEBATES PAPER LAID REPORT ON THE DIVISION OF REVENUE BILL 2018

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Thursday 29th March, 2018:-

Report of the Standing Committee on Finance and Budget on its consideration of the Division of Revenue Bill (National Assembly Bill No. 7 of 2018.)

Hon. Senators, pursuant to Standing Order No. 134 (1) the Bill stands committed to the relevant Senate Committee, in this case, the Senate Committee on Justice, Legal Affairs and Human Rights. In terms of Standing Order No.134 (5) and 137 (1) the Committee is required to carry out public participation on the Bill and table its report to the House within 30 days. I thank you.

Hon. Senators, before we go to Order No.9, I will allow Sen. Wetangula, the Senator for Bungoma to acknowledge the teachers and students from his county.

Thank you, Mr. Speaker, Sir, for that magnanimous bend of the rule to allow me to acknowledge the teachers and students of one of the top schools in my county - Chwele Girls High School. It is a school that has a distinction in discipline, performance and every other positive attribute we can give to any girls’ school.

I am particularly proud of this school because I have personally built a very modern dormitory there for the girls. I also promise that I will continue working closely with the management of the school. It is even closer to my heart because the secretary general of my party, hon. (Dr.) Eseli Simiyu, in his vocational engagement was a teacher in this school. He says that, that is where he earned his first salary ever in his whole life.

For the teachers and students, you are most welcome. I will see you out there when you take a recess from the Speaker’s Gallery.

Thank you, Sen. Wetangula. I had to do that because the Speaker cannot do it himself, yet we come from the same place.

Next Order!

Hon. Senators, pursuant to Standing Order No. 134 (1) the Bill stands committed to the relevant Senate Committee, in this case, the Standing Committee on Finance and Budget. In terms of Standing Order No. 134 (5) and 137 (1) , the Committee is required to carry out public participation on the Bill and table its report thereon within 30 days.

I thank you.

Mr. Speaker, Sir, Pursuant to Standing Order 46 (2) (b) , I rise to seek a Statement from the Chairperson,

Standing Committee on Roads and Transportation on the award of construction contracts to foreign companies. In the response the Chairperson should address the following:-

Mr. Speaker, Sir, since the Chair is not here, I ask for two weeks for investigations. For whatever!

Order, Senator! Two weeks to do what?

Mr. Speaker, Sir, two weeks to respond to the question asked.

We did not understand when you said two weeks to ‘answer whatever’.

The question asked was not clear.

Is two weeks okay, Sen. Kasanga?

Yes, Mr. Speaker, Sir. That is in order.

Hon. Senators, we shall come back to Statements. I now order that we move to Order No. 11, 12, 13 and 14 which will be handled together.

Subsequently, even if a senator walks out in another 30 to 40 minutes we will be done with all of them and do the Division at once. Considering that today we might go on recess, let us make the highest sacrifice to complete these Bills before we go.

The Temporary Chairperson (Sen. Nyamunga): Order, Senators! We are now considering The Division of Revenue Bill (National Assembly Bills No. 7 of 2018). Clauses 3, 4 and 5

Madam Temporary Chairperson, I do not see the Division of Revenue Bill attached to the Order Paper.

The Temporary Chairperson (Sen. Nyamunga) : Sen. Mwaura, the Bill is not attached on the Order Paper. Normally, Bills are not attached.

Order, Senators! We are now considering The Division of Revenue Bill (National Assembly Bills No. 7 of 2018). Clauses 3, 4 and 5

Madam Temporary Chairperson, I do not see the Division of Revenue Bill attached to the Order Paper. The Temporary Chairperson (

Sen. Mwaura, the Bill is not attached on the Order Paper. Normally, Bills are not attached.

Fair enough, thank you. The Temporary Chairperson (

Hon. Senators, we will do the Reports at the end. Let us proceed to the next business on the Order Paper. We are on Order No.12, The County Governments (Amendment) Bill (Senate Bills No.11 of 2017) . Let us have the Chairperson of the Standing Committee on Devolution and Intergovernmental Relations, Sen. Kinyua.

Madam Temporary Chairperson, I beg to move: THAT, Clause 7 of the Bill be amended in subsection (2) of the proposed new section11 by deleting paragraph (e) and substituting therefor the following new paragraph -

Sen. (Eng.) Ephraim Maina, I understand you have a further proposed amendment to this Clause. Please, can you prosecute it?

Thank you, Madam Temporary Chairperson, I beg to move:- THAT Cause 11 be further amended in the proposed new section

Madam Temporary Chairperson, when an amendment has been introduced, Members are given a chance to contribute because it is like Second Reading.

While I agree with the proposal by Sen. (Eng.) Maina, I find it a bit interesting that the nominee to be approved through public participation by the county assembly is supposed to be proposed by the Senator. How can a Senator who is supposed to oversight a governor participates in nominating a candidate? It should be governor to nominate his or her running mate. That is totally out of order because it goes against the spirit of separation of powers. It is like a Senator having his own person to deputise somebody who he is supposed to oversight.

The other provisions are okay but I have a problem with that particular amendment.

The Temporary Chairperson (Sen. Nyamunga) : Sen. Sakaja, you have one minute.

In United States of America (USA) , the deputy president assumes the presidency after the president dies like it happened in the case of John F. Kennedy. In the USA there is a legalised party process which nominates the governor and

the deputy governor. Therefore, the deputy governor is there in his own right and he can assume office but here it is a personal choice. When you subject people to two poisons, it becomes unpalatable. That is total abuse of democracy.The Temporary Chairperson (

(Question that Clauses 12, 13 and 14 be part of the Bill proposed) Clause 15

The Senate Majority Leader (Sen. Murkomen): Madam Temporary Chairperson, I have an amendment to Clause 15. I beg to move:-

THAT, the Bill be amended by deleting Clause 15 and substituting therefor the following new clause- Amendment of section 45 of No. 17 of 2012.

Madam Temporary Chairperson, when an amendment has been introduced, Members are given a chance to contribute because it is like Second Reading. While I agree with the proposal by Sen. (Eng.) Maina, I find it a bit interesting that the nominee to be approved through public participation by the county assembly is supposed to be proposed by the Senator. How can a Senator who is supposed to oversight a governor participates in nominating a candidate? It should be governor to nominate his or her running mate. That is totally out of order because it goes against the spirit of separation of powers. It is like a Senator having his own person to deputise somebody who he is supposed to oversight. The other provisions are okay but I have a problem with that particular amendment. The Temporary Chairperson (

Does it have to be seconded?

Madam Temporary Chairperson, I understand the concern that Sen. (Eng.) Maina has. However, I think it is not in order and I oppose that further amendment. Senators should not be involved in the selection of a deputy governor. The governor has the executive mandate in a county and they should exercise it because, then, we will not be able to oversight them. I want it to be on record that even me--- The Temporary Chairperson (

The Temporary Chairperson (Sen. Nyamunga): No. (Question of the amendment proposed) Clause 17

Senator, the point is clear.

We are not interested in that.

Madam Temporary Chairperson, you should have allowed the Senator to persuade us about this amendment. It is not the text but the constitutional position of putting the Senator and other leaders in the executive role of selecting because a deputy governor is a running mate of somebody and also a potential governor. Personally I have not understood the legal context but the political one. The legal context should have been explained more so that we understand where we should step in in such a gap or under which exceptional circumstances and where on earth would such an event occur. For now, I do not even know what you have allowed the Mover to move. The Temporary Chairperson (

Honourable Senators, we will have two Divisions on amendments recommended by Members of the Committee and another one by Sen. (Eng.) Maina separately. (Question of the amendment proposed) Division will be at the end. Clauses 12 - 14

(Question that Clauses 12, 13 and 14 be part of the Bill proposed) Clause 15

(Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 6

Madam Temporary Chairperson, I beg to move:-THAT the Bill be amended by deleting clause 6.

The Temporary Chairperson

(Sen. Nyamunga)

: Division will be at the end. Clause 7

The Temporary Chairperson

(Sen. Nyamunga)

: Division will be at the end. Clause 8

Clause 16

Madam Temporary Chairperson, I beg to move:-

THAT clause 12 of the Bill be amended in the proposed new section 14 (2) by –

The Temporary Chairperson (

No. (Question of the amendment proposed) Clause 17

THAT, Clause 3 of the Bill be amended in sub-clause (3) —

Title and Clause 1(Question, that the Title and Clause 1 be part of the Bill, proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move:- THAT, Clause 16 of the Bill be amended —

Clause 17

The Temporary Chairperson (Sen. Nyamunga): Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 17 of the Bill be amended —

Division will be at the end. Clause 5

Madam Temporary Chairperson, I beg to move:-

THAT clause 5 of the Bill be amended by –

Thank you, Madam Temporary Chairperson. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Clause 18

The Temporary Chairperson (Sen. Nyamunga): Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries.

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting clause 18 and substituting therefor the following new clause —

Fees.

Division will be at the end. Clause 6

Madam Temporary Chairperson, I beg to move:-THAT the Bill be amended by deleting clause 6. (Question of the amendment proposed) The Temporary Chairperson (

Clauses 21-42

(Question that Clauses 21-42 be part of the Bill proposed) The Temporary Chairperson (Sen. Nyamunga): The Division will be at the end. Clause 43

The Temporary Chairperson (Sen. Nyamunga): Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 43 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (1) — (1a) In particular and without prejudice to the generality of the power conferred by sub-section (1) , the Cabinet Secretary shall make Regulations—

Division will be at the end. Clause 8

Madam Temporary Chairperson, I beg to move:-

THAT Clause 8 of the Bill be amended by inserting the following new section immediately after the proposed new section 10A— Delineation of boundaries of a market\

10B. (1) Delineation of the boundaries of a market may be initiated by a county governor.

Madam Temporary Chairperson, I beg to move:-

THAT clause 12 of the Bill be amended in the proposed new section 14 (2) by –

Madam Temporary Chairperson, I beg to move:-

THAT, Clause 3 of the Bill be amended in sub-clause (3) —

(Question that the New Clause 41A be part of the Bill proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 4 of the Bill be amended by —

Madam Temporary Chairperson, I beg to move:- THAT, Clause 16 of the Bill be amended —

Clause 17The Temporary Chairperson (

Consultation

Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 17 of the Bill be amended —

March 29, 2018 SENATE DEBATES THE DIVISION OF REVENUE BILL (NATIONAL ASSEMBLY BILLS NO.7 OF 2018) DIVISION ELECTRONIC VOTING

Thank you, Madam Temporary Chairperson. (Question of the amendment proposed) The Temporary Chairperson (

Kang’ata, Murang’a County; Sen. Kibiru, Kirinyaga County; Sen. Kinyua, Laikipia County; Sen. (Dr.) Langat, Bomet County; Sen. Loitiptip, Lamu County; Sen. Madzayo, Kilifi County; Sen. (Eng.) Mahamud, Mandera County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Murkomen, Elgeyo-Marakwet County, Sen. (Dr.) Musuruve, Kakamega County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita Taveta County; Sen. Mwaura, Kiambu County; Sen. Ndwiga, Embu County; Sen. Nyamunga, Kisumu County; Sen. Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Sakaja, Nairobi County; Sen. Seneta, Kajiado County; and Sen. Wario, Tana River County.

Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries.

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting clause 18 and substituting therefor the following new clause —

Fees.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 20 of the Bill be amended in sub-clause (2) , by deleting the words “a recognized competent Authority” appearing immediately after the words “graders certified by” and substituting therefore the words “the Agriculture and Food Authority”. (Question of the amendment proposed) The Temporary Chairperson (

The “Ayes” have it.

The Division will be at the end.

Clauses 21-42(Question that Clauses 21-42 be part of the Bill proposed) The Temporary Chairperson (

The Division will be at the end. Clause 43The Temporary Chairperson (

Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 43 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (1) — (1a) In particular and without prejudice to the generality of the power conferred by sub-section (1) , the Cabinet Secretary shall make Regulations—

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after clause 4 — Functions of the county executive committee member

4A. The county executive committee member-

Sen. Madzayo, Kilifi County; Sen. (Eng.) Mahamud, Mandera County ; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. (Dr.) Musuruve, Kakamega County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita Taveta County; Sen. Mwaura, Kiambu County; Sen. Ndwiga, Embu County; Sen. Nyamunga, Kisumu County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County ;Sen. Sakaja, Nairobi City County; Sen. Seneta, Kajiado County. The Temporary Chairperson (Sen. Nyamunga): Hon. Senators, the results of the Division are as follows:-

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following new Clauses immediately after Clause 16 — 16B. A person shall not qualify for the grant of a licence under this Act unless that person provides an insurance policy securing the respective warehouse and goods against fire, flood, theft, burglary, earthquake, explosion and any other risk as the Cabinet Secretary may prescribe. (New Clause 16B proposed) (New Clause 16B read the First Time) (Question, that the New Clause 16B be read a Second Time, proposed) (Question that the New Clause 16B be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end. New Clause 16C

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following new Clauses immediately after Clause 16 — 16C. A person who is aggrieved by a decision of the county executive committee member may, within thirty days of being notified of the decision, appeal to the Council in the prescribed manner. Insurance Appeal to the council. (New Clause 16C proposed) (New Clause 16C read the First Time) (Question, that the New Clause 16C be read a Second Time, proposed) (Question that the New Clause 16C be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end. New Clause 41A

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following new Clauses immediately after clause 41 —

Depositing goods Without proper title

41A. A person who deposits goods whose title belongs to another party in a warehouse registered or licensed under this Act without the approval of the owner commits an offence and is liable, on conviction, to a term of imprisonment not exceeding fourteen years.

(Question that the New Clause 41A be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following new Clauses immediately after clause 41 — Obstruction 41B. A person who obstructs the inspection of a registered or licensed warehouse in contravention of this Act or any other law commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to a term of imprisonment not exceeding five years, or to both (New Clause 41B proposed) (New Clause 41B read the First Time) (Question, that the New Clause 41B be read a Second Time, proposed) (Question that the New Clause 41B be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end. New Clause 44

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following New Clause immediately after Clause 43-

Consultation

Madam Temporary Chairperson, I beg to move:- THAT, Clause 2 of the Bill be amended by —

March 29, 2018 SENATE DEBATES THE DIVISION OF REVENUE BILL (NATIONAL ASSEMBLY BILLS NO.7 OF 2018) DIVISION ELECTRONIC VOTING

Kang’ata, Murang’a County; Sen. Kibiru, Kirinyaga County; Sen. Kinyua, Laikipia County; Sen. (Dr.) Langat, Bomet County; Sen. Loitiptip, Lamu County; Sen. Madzayo, Kilifi County; Sen. (Eng.) Mahamud, Mandera County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Murkomen, Elgeyo-Marakwet County, Sen. (Dr.) Musuruve, Kakamega County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita Taveta County; Sen. Mwaura, Kiambu County; Sen. Ndwiga, Embu County; Sen. Nyamunga, Kisumu County; Sen. Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Sakaja, Nairobi County; Sen. Seneta, Kajiado County; and Sen. Wario, Tana River County.

The “Ayes” have it.

Yes, Madam Temporary Chairperson. The Temporary Chairperson (

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Division of Revenue Bill (National Assembly Bills No. 7 of 2018) and its approval thereof without amendments.

Sen. Orengo have you voted? (Sen. Orengo walked to the Clerks-at-the Table and registered his vote) Hon. Senators, we are going for the second voting. We are going to vote twice: One from the Committee of the Whole, and the second one from Sen. (Eng.) Maina. (An Hon. Members spoke off record) Hon. Senators, we are voting. Kindly vote. The voting is on. We are doing the amendment from the Committee of the Whole. Kindly vote if you have not done so. Let us have the assisted voters. Sen. Orengo and Sen. (Eng.) Mahamud, kindly, come and vote. (

Madam Temporary Speaker, I second.

Hon. Members, I will put the question for the Third Reading for all the Bills at the same time. So, let us move to the next one.

Assisted voters, Sen. (Eng.) Mahamud and Sen. Orengo, please come forward.The Temporary Chairperson (

Hon. Senators, we are through with the division on the County Governments’ Amendment Bill (Senate Bill No. 11 of 2017).

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I request the Senate Minority Leader to second.

The Senate Minority Leader (Sen. Orengo) : Madam Temporary Speaker, I second.

Hon. Senators, the results of the Division are as follows:-

March 29, 2018 SENATE DEBATES DIVISION ELECTRONIC VOTING

Kibiru, Kirinyaga County; Sen. Kinyua, Laikipia County; Sen. (Dr.) Langat, Bomet County; Sen. Loitiptip, Lamu County; Sen. (Eng.) Mahamud, Mandera County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. (Dr.) Musuruve, Kakamega County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwaruma, Taita-Taveta County; Sen. Mwaura, Kiambu County; Sen. Ndwiga, Embu County; Sen. Nyamunga, Kisumu County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Sakaja, Nairobi City County; Sen. Seneta, Kajiado County; and, Sen. Wario, Tana River County.

Hon. Members, let us move to the Warehouse Receipts System Bill (Senate Bills No.10 of 2017) .

Please, go ahead and vote. Make sure that you all vote.

Sen. Wamatangi, please come to be assisted. Sen. Seneta and Sen. (Prof.) Ekal, you have not voted. You are time-barred on voting. Please, come forward.

AYES: Sen. (Dr.) Ali, Wajir County; Sen. Boy, Kwale County; Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo,Isiolo County; Sen. Faki, Mombasa County; Sen. (Eng.) Hargura, Marsabit County; Sen. Iman, Garissa County; Sen. M. Kajwang’, Homa Bay County; Sen. (Prof.) Kamar, Uasin Gishu County; Sen. Kibiru, Kirinyaga County; Sen. Kinyua, Laikipia County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Langat, Bomet County; Sen. Loitiptip, Lamu County; Sen. Madzayo, Kilifi County; Sen. (Eng.) Mahamud, Mandera County;Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. (Dr.) Musuruve, Kakamega County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita Taveta County; Sen. Mwaura, Kiambu County; Sen. Ndwiga, Embu County; Sen. NyamungaKisumu County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Sakaja, Nairobi City County; Sen. Seneta, Kajiado County and Sen. Wario, Tana River County.

On a point of order Madam Temporary Chairperson. The Temporary Chairperson (

Hon. Senators, the results of the Division are as follows:-

Madam Temporary Chairperson, the numbers are strange because if we are all here, why do we have 30, 31 and even 32? There must be direction that people must vote. Otherwise, it is against the Standing Orders not to vote when you are in the Chamber. The Temporary Chairperson (

We have taken note of that Hon. Senator. We are going to resume Plenary but I kindly ask you not to leave because we still have to do the Third Reading on the Bills but we are going to report starting with the first one.

Hon. Members, can the Door be opened and the Bars drawn?

Hon. Senators, please, do not leave the Chamber because we still have two very important items to dispose of. Can you take your seats so that we can proceed?

Let the Chairperson of the Committee of the Whole rise and report on one Bill after the other. Madam, please get a working microphone.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Division of Revenue Bill (National Assembly Bills No. 7 of 2018) and its approval thereof without amendments.

Madam Temporary Speaker, I beg to move the following Motion:-

THAT, pursuant to Standing Orders 28 and 29, the Senate do adjourn until Tuesday, 8th May, 2018. Madam Temporary Speaker, time is far much spent and I know many Senators would like to say something. However, I would like to thank all the Senators, the Speaker and the Members of the Speakers Panel for their commitment in this first segment of this Session of the Senate. We have achieved a lot; for example, just right now in this sitting, we have passed four Bills that include the Division of Revenue Bill.

If my memory serves me right, this Bill has been passed in good time for the first time. Our focus will be on the County Allocation of Revenue Bill.

Secondly, Part I of the Second Session has witnessed our commitment to pass many Motions. We have also shown the dedication to address many statements. We have

Madam Temporary Speaker, I second.

had the highest number of statements since the second Senate under the new Constitution was established because Senators are very committed to ensure that they represent the interest of their supporters.

Politically, we have also gone through difficult times from the time of elections to post-elections disagreement. We witnessed an important moment of the handshake and the challenges that came thereafter.

As a House, we have demonstrated great maturity by being available. Although we have different opinions, representing political parties and political interests, we have acted with utmost maturity to ensure that the interests that brought us here under Article 96 of the Constitution to protect the interests of our counties and county governments are not lost. That is the spirit we need so that we move together as a team and as a House.

Something very dear to us here is to encourage committees and committee Chairs to take seriously committee reports on various Bills and petitions that come to this House, so that we get quality submissions to give to the people of Kenya. I hope the committees will use the recess period to ensure that they complete the remaining business. The committees should also intervene in various issues of national importance – whether political, economic or social – to ensure that the presence of the committees of the Senate is felt.

The Leadership of this House will have a retreat and there are a number of things that we will evaluate. We will come back here knowing that we must move forward.

I also encourage each one of us Senators to strive to sponsor at least one Bill before five years end. This recess period will be very useful. We have the best and the most qualified staff in this part of the world and they are always ready to help us draft Bills. We only need to share our ideas with them so that they help us bring Bills to this House and we pass them. We believe that the National Assembly will also move expeditiously to ensure that the Bills we generate become law.

I want to thank the committee that was led by the Deputy Senate Majority Leader that dealt with rules and regulations related to the Oversight Fund. I also thank the Majority Leader of the National Assembly for tabling that and I also tabled it in this House. I believe that the committees on Delegated Legislation of both Houses will approve those regulations. The budgeting process is going on and we believe that resources will be given to Senators so that complaints of not having enough resources to oversight counties come to an end. I hope and that the institution of the Senate and the Senator’s office will be strengthened to carry out the responsibilities that are necessary.

Lastly, I want to congratulate the new Senate Minority Leader for his election to that office. As I promised, we will work together as a leadership to ensure that we deliver the agenda of this House. I believe that as a country, we are ready and willing to hold hands together as a team, put behind the politics that we had in 2017 and begin a path of togetherness and ensure that the rule of law, good governance, development, infrastructure and many other good things that make people want to become Kenyans are achieved. We are moving from a history where people were running away from Kenya to a situation where every Kenyan who was away would like to be back home.

I know this Motion is not necessarily seconded but I would like, with your permission, to invite the Senate Minority Leader to second it.

Madam Temporary Speaker, I second. (Question proposed)

Hon. Members, I will put the question for the Third Reading for all the Bills at the same time. So, let us move to the next one.

Proceed, Chairperson.

accounts with the Auditor-General. So, we should bring it to speed in order to extract good resources for our counties to achieve meaningful results.

As a Member of the Sessional Committee on County Public Accounts and Investment, I promise that we will do our best to fast-track whatever events are remaining.

Finally, the “handshake” brought a lot of goodwill for this nation. It was not individual-based, but had a meaning and realisation that all of us belong to this nation. We should pick it up from there to institutionalise the way and the manner that Kenyans relate to one another.

Therefore, I wish you a happy Easter holiday and a wonderful weekend until we meet again. As we work out, let us believe that this nation belongs to all of us. Anything which happens to anyone of us is something that we need to be careful about.

Thank you. I beg to support.

Proceed, Sen. (Dr.) Ali.

Thank you, Madam Temporary Speaker. I also wish to contribute to the Adjournment Motion.

The handshake between the President and the National Super Alliance (NASA) Leader has helped to cool down a lot of tempers in this country. Unfortunately, for some of us who come from the northern part of Kenya, we have a lot of problems with teachers and security. I hope that they will look into that as well because this issue has been with us for a very long time. Students are now out of school. Over 200 schools have been closed in Wajir County because of lack of teachers. Unfortunately, I could not move my Motion because we are time barred.

I had a Motion which was to discuss about this issue of insecurity and teachers in general in the northern Kenya. It would have been very helpful towards this. I would have urged the leadership, even though I can see both of them have left, to get involved in these issues and help us resolve some of them.

There have been problems when it comes to the Division of Revenue Bill. We have just passed it because most of the people have agreed, but what we know is that something like the Collective Bargaining Agreement (CBA) in the health sector has not been catered for. I am afraid that very soon we might land ourselves in big problems since the health sector workers might go on strike.

The issue of cancer and many other chronic diseases in this country are increasing. Now that health has been devolved, the national Government through the Ministry of Health is not doing much on the issue of surveillance and other issues. They should be looked into. The Standing Committee on Health and the leadership of the Senate should take advantage of the positions we are in and the jobs we are doing so that we do our mandate properly.

Thank you. I wish everybody a happy Easter Holiday.

Madam Temporary Speaker, I second. (Question proposed) (Question put and agreed to)

Madam Temporary Speaker, I beg to move that the County Governments (Amendment) Bill (Senate Bills No. 11 of 2017) be now read a Third Time. I request the Senate Minority Leader to second. The Senate Minority Leader (

Madam Temporary Speaker, I second. (Question proposed)

For the first time, there are many things that have been a milestone, especially, the handshake between His Excellency, the President and the NASA Leader, Raila Odinga. That one has become a milestone in terms of bringing the nation together. There are many issues that we will consider as the Senate, going forward.

We did not discuss the last report on the issue of corruption in our counties. We need to prioritise it when we come back to ensure that corruption is eradicated or reduced so that we do not devolve it.

We call upon all Kenyans to obey the rule of law whether it favors them or not. That is one of the principles of good governance as provided in Article 10 of the Constitution of Kenya 2010. I urge all Kenyans to respect the law. There is no one who is above the law.

I wish all my colleagues and Kenyans at large, a peaceful holiday. I hope that when we come back, we will continue to serve this great nation with a lot of commitment and in a godly way.

Thank you, Madam Temporary Speaker, Sir.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Urban Areas and Cities (Amendment) Bill (Senate Bills No. 4 of 2017) and its approval thereof with amendments.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I request the Senate Minority Leader to second. The Senate Minority Leader (

Hon. Members, I thank you, for those nice contributions. I join those who have wished everybody a good holiday by wishing all Senators and our staff a wonderful Easter weekend. We look forward to meeting again on 8th, May, 2018.

Madam Temporary Speaker, I beg to move that the Urban Areas and Cities (Amendment) Bill (Senate Bills No.4 of 2017) be now read a Third Time. I request the Senate Minority Leader to second. The Senate Minority Leader (

Madam Temporary Speaker, I second. (Question proposed)

I will put the question for the Third Reading later.

Next Bill.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Warehouse Receipts System Bill (Senate Bills No. 10 of 2017) and its approval thereof with amendments.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I request the Senate Minority Leader to second. The Senate Minority Leader (

Madam Temporary Speaker, I second. (Question proposed) (Question put and agreed to)

Madam Temporary Speaker, I beg to move that The Warehouse Receipts System Bill (Senate Bill No.10 of 2017) be now read a Third Time. I request the Senate Minority Leader to second. The Senate Minority Leader (

Madam Temporary Speaker, I second. (Question proposed)

Hon. Senators, we will now go to Division. I request that the Bars be drawn and the Bell be rung for three minutes.

March 29, 2018 SENATE DEBATES THIRD READINGS THE DIVISION OF REVENUE BILL (NATIONAL ASSEMBLY BILLS NO.7 OF 2018) DIVISION ELECTRONIC VOTING

Hon. Members, the results are as follows:

Hon. Senators, a question was raised earlier that some Members are not voting in some instances. You are allowed to vote Yes, No or Abstain, but you must press the button. Sen. Wamatangi and Sen. Madzayo, please, move forward. Two Members are still missing.

Sen. Wario of Tana River County, you have not voted. Since you did not vote in the first instance, please, move forward. Sen Cherargei of Nandi County, you have not voted. Please vote.

Hon. Members, the results are as follows:

Hon. Members, let us move to the Warehouse Receipts System Bill (Senate Bills No.10 of 2017) .

Please, go ahead and vote. Make sure that you all vote.

Sen. Wamatangi, please come to be assisted. Sen. Seneta and Sen. (Prof.) Ekal, you have not voted. You are time-barred on voting. Please, come forward.

Hon. Senators, we now move to the last Bill.

I will now put the question. Please go ahead and vote.

Let the assisted voters come forward so that we finish in good time. Please, take the register to Sen. (Dr.) Musuruve. Is there anybody else requiring assistance?

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, we are done, open the bars.

The next order is very important. We can have the Leader of Majority to make his Statement.

considerations of Bills to use the recess period to do so. Kindly, finalise reports on pending petitions.

Lastly, let me take this opportunity to wish you and your families a blessed Easter and a fruitful engagement with your constituents during the short recess period.

Madam Temporary Speaker, I thank you and hereby lay the Statement on the table.

Thank you, Leader of Majority.

Hon. Members, please, take your seats. From the Speech of the Leader of Majority, it is very clear that we are not going to proceed to Order Nos.15-22. We will head to Order No 23 – the Motion to be moved by the Senate Majority Leader. Before that, I have a Communication to make.

Hon. Senators, as you are aware, the Devolution Conference has, since the year 2013, been organized on an annual basis bringing together all the implementers of devolved governance to celebrate the gains that have been made and identify the challenges that can be addressed collaboratively among the stakeholders for the welfare of our country. Participants of the conference get an opportunity to deliberate on the successes of the devolved system of governance and how to take advantage of the emerging opportunities presented by devolution.

May I allow the hon. Member standing on the aisle to take her seat. Hon. Member, you may now seat.

Hon. Senators, the participants of the annual devolution conference comprise, but are not limited to, representatives from both levels of Government; Independent Commissions; Academia; policy practitioners; civil society organizations, the donor community, international organizations, the general public as well as the Media. The First Annual Devolution Conference was held in Kwale County in April, 2014; the second one was held in Kisumu County in April, 2015; the third was in Meru County in April, 2016

and the fourth was in Nakuru County in February, 2017. The Fifth Annual Conference is scheduled to be held in Kakamega County from 23rd to 27th April, 2018.

Hon. Senators, the proposed theme of the Fifth Devolution Conference will be: Sustainable, Productive, Effective and Efficient Governments for Results Delivery. The key conference objectives are as follows:-

Madam Temporary Speaker, I beg to move the following Motion:-

THAT, pursuant to Standing Orders 28 and 29, the Senate do adjourn until Tuesday, 8th May, 2018. Madam Temporary Speaker, time is far much spent and I know many Senators would like to say something. However, I would like to thank all the Senators, the Speaker and the Members of the Speakers Panel for their commitment in this first segment of this Session of the Senate. We have achieved a lot; for example, just right now in this sitting, we have passed four Bills that include the Division of Revenue Bill.

If my memory serves me right, this Bill has been passed in good time for the first time. Our focus will be on the County Allocation of Revenue Bill.

Secondly, Part I of the Second Session has witnessed our commitment to pass many Motions. We have also shown the dedication to address many statements. We have

had the highest number of statements since the second Senate under the new Constitution was established because Senators are very committed to ensure that they represent the interest of their supporters.

Politically, we have also gone through difficult times from the time of elections to post-elections disagreement. We witnessed an important moment of the handshake and the challenges that came thereafter.

As a House, we have demonstrated great maturity by being available. Although we have different opinions, representing political parties and political interests, we have acted with utmost maturity to ensure that the interests that brought us here under Article 96 of the Constitution to protect the interests of our counties and county governments are not lost. That is the spirit we need so that we move together as a team and as a House.

Something very dear to us here is to encourage committees and committee Chairs to take seriously committee reports on various Bills and petitions that come to this House, so that we get quality submissions to give to the people of Kenya. I hope the committees will use the recess period to ensure that they complete the remaining business. The committees should also intervene in various issues of national importance – whether political, economic or social – to ensure that the presence of the committees of the Senate is felt.

The Leadership of this House will have a retreat and there are a number of things that we will evaluate. We will come back here knowing that we must move forward.

I also encourage each one of us Senators to strive to sponsor at least one Bill before five years end. This recess period will be very useful. We have the best and the most qualified staff in this part of the world and they are always ready to help us draft Bills. We only need to share our ideas with them so that they help us bring Bills to this House and we pass them. We believe that the National Assembly will also move expeditiously to ensure that the Bills we generate become law.

I want to thank the committee that was led by the Deputy Senate Majority Leader that dealt with rules and regulations related to the Oversight Fund. I also thank the Majority Leader of the National Assembly for tabling that and I also tabled it in this House. I believe that the committees on Delegated Legislation of both Houses will approve those regulations. The budgeting process is going on and we believe that resources will be given to Senators so that complaints of not having enough resources to oversight counties come to an end. I hope and that the institution of the Senate and the Senator’s office will be strengthened to carry out the responsibilities that are necessary.

Lastly, I want to congratulate the new Senate Minority Leader for his election to that office. As I promised, we will work together as a leadership to ensure that we deliver the agenda of this House. I believe that as a country, we are ready and willing to hold hands together as a team, put behind the politics that we had in 2017 and begin a path of togetherness and ensure that the rule of law, good governance, development, infrastructure and many other good things that make people want to become Kenyans are achieved. We are moving from a history where people were running away from Kenya to a situation where every Kenyan who was away would like to be back home.

I know this Motion is not necessarily seconded but I would like, with your permission, to invite the Senate Minority Leader to second it.

Thank you Madam Temporary Speaker. First, I want to thank the leadership of the Senate, beginning with the Office of the Speaker and the staff of the Senate. So far, the exemplification of the work that they have done in realizing the mandate of the Senate is commendable. We will engage for another four years and that spirit needs to be maintained. The leadership provided by the Office of the Speaker together with the Office of the Clerk is very important.I appreciate my election as the Senate Minority Leader. This is the first speech I am making as the Senate Minority Leader. I thank my colleagues in the coalition for the election. I would also like to thank the majority side because the comments that were made were, indeed, very positive. I hope that I will not disappoint both sides of the House.I hope that in the spirit of bipartisanship, which existed in the last Senate, we may have to relook at the constitution of the Committees as established. I know that in the last Parliament, the spirit of the winner-take-it-all was not the rule. It was not applied universally, and to that extent, Members of the minority were able to chair some of the Committees. I am putting this matter on the table and I have talked to the Senate Majority Leader. In that spirit, we hope that when the leadership of the House meets, we will look into that.I will not stop without saying that the communiqué which was signed by the leader of the Minority coalition and the President of the Republic was very important. One must appreciate that the communiqué was not a basis for giving goodies to the leadership; it was issue-based. I think that we need to interrogate how we can make Kenya better on the basis of what the two leaders communicated on 9th March, 2018.Let me conclude by saying that the issue of Dr. Miguna is not nice to the country. I think we need a resolution to that matter. I know that it is not beyond resolution. The courts have tried but in trying to resolve that matter, obedience to court orders must be taken very seriously. That is an important principle and value of our Constitution.Without saying much, I beg to second and look for another opportunity to talk to the House.

Hon. Senators, I want to propose the question, but before I do that, I want us to take note of the time that we have. Be considerate to your neighbour and give brief remarks.

Thank you, Madam Temporary Speaker. I also join the Senate Majority Leader and the Senate Minority Leader in congratulating all the Membership of this House for the excellent job that has been done.

Yesterday and today, when we were passing the Division of Revenue Bill, which I believe will be fast-tracked for the next event, there was something that bothered me as I was making comments. We should think through it over the period of our vacation. All these revenue allocations were based on audited accounts of 2013/2014. This means that the resources going to the counties are very minimal. Therefore, it behooves the two Houses of Parliament; the National Assembly and the Senate, to work fast on our audited

accounts with the Auditor-General. So, we should bring it to speed in order to extract good resources for our counties to achieve meaningful results.

As a Member of the Sessional Committee on County Public Accounts and Investment, I promise that we will do our best to fast-track whatever events are remaining.

Finally, the “handshake” brought a lot of goodwill for this nation. It was not individual-based, but had a meaning and realisation that all of us belong to this nation. We should pick it up from there to institutionalise the way and the manner that Kenyans relate to one another.

Therefore, I wish you a happy Easter holiday and a wonderful weekend until we meet again. As we work out, let us believe that this nation belongs to all of us. Anything which happens to anyone of us is something that we need to be careful about.

Thank you. I beg to support.

Proceed, Sen. (Dr.) Ali.

Thank you, Madam Temporary Speaker. I also wish to contribute to the Adjournment Motion.

The handshake between the President and the National Super Alliance (NASA) Leader has helped to cool down a lot of tempers in this country. Unfortunately, for some of us who come from the northern part of Kenya, we have a lot of problems with teachers and security. I hope that they will look into that as well because this issue has been with us for a very long time. Students are now out of school. Over 200 schools have been closed in Wajir County because of lack of teachers. Unfortunately, I could not move my Motion because we are time barred.

I had a Motion which was to discuss about this issue of insecurity and teachers in general in the northern Kenya. It would have been very helpful towards this. I would have urged the leadership, even though I can see both of them have left, to get involved in these issues and help us resolve some of them.

There have been problems when it comes to the Division of Revenue Bill. We have just passed it because most of the people have agreed, but what we know is that something like the Collective Bargaining Agreement (CBA) in the health sector has not been catered for. I am afraid that very soon we might land ourselves in big problems since the health sector workers might go on strike.

The issue of cancer and many other chronic diseases in this country are increasing. Now that health has been devolved, the national Government through the Ministry of Health is not doing much on the issue of surveillance and other issues. They should be looked into. The Standing Committee on Health and the leadership of the Senate should take advantage of the positions we are in and the jobs we are doing so that we do our mandate properly.

Thank you. I wish everybody a happy Easter Holiday.

Proceed, Sen. Cherargei.

Thank you, Madam Temporary Speaker. I join my colleagues in wishing everybody happy holidays. I know we are taking a break from the Plenary Session, but our Committee work will still continue.

For the first time, there are many things that have been a milestone, especially, the handshake between His Excellency, the President and the NASA Leader, Raila Odinga. That one has become a milestone in terms of bringing the nation together. There are many issues that we will consider as the Senate, going forward.

We did not discuss the last report on the issue of corruption in our counties. We need to prioritise it when we come back to ensure that corruption is eradicated or reduced so that we do not devolve it.

We call upon all Kenyans to obey the rule of law whether it favors them or not. That is one of the principles of good governance as provided in Article 10 of the Constitution of Kenya 2010. I urge all Kenyans to respect the law. There is no one who is above the law.

I wish all my colleagues and Kenyans at large, a peaceful holiday. I hope that when we come back, we will continue to serve this great nation with a lot of commitment and in a godly way.

Thank you, Madam Temporary Speaker, Sir.

Thank you, Madam Temporary Speaker. I would also like to contribute to this Motion of Adjournment.

First of all, the Senate has done a good job. We have passed many Bills. This afternoon, we have passed quite a number of Bills including The Division of Revenue Bill in a record time. I thank Members of my Committee for participating in this session to make sure this important Bill is passed. We will soon pass the County Allocation of Revenue (CARA) Bill which will be due when we will be on recess and we might have a Special Sitting.

As we go to our counties, we should preach peace and urge our people to bring cohesion in this country. The issue of the handshake between the two leaders has cooled the temperatures in this country. We need to build on that. We hope that the discussions which are going on between the two leaders will create cohesion. I urge leaders to be careful when commenting negatively on that handshake. I have heard people trying to talk on what it is and what it is not. That is not fair. Let us wait for the people who have been mandated to look at that to work out a structured programme so that we can discuss it when we come.

Madam Temporary Speaker, many falsehoods have been peddled about the issue of teachers in Northern Kenya as we saw yesterday in this House and last week in the National Assembly. This has been exaggerated. We are concerned about the security of our people including non-local teachers. I want leaders to be careful when they comment on this because we can tear this country apart for no reason. Other issues of segregation and sexual harassment that have come up are not factual and it is not fair on the population of Northern Kenya. I was taught by teachers from other parts of Kenya. Since that time, they have been respected as teachers.

The issues of people being racists and all those bad things are false. We would like our teachers to look for the transfers in an organized and decorum manner and not invoke unnecessary and untrue things. In the same token, I want leaders to be careful on what they take as the truth. Going forward, we want the Cabinet Secretary of Education and the Teachers Service Commission (TSC) to deal with the issue of shortage of

teachers and the teacher to student ratio. We should stop being emotional and overreacting. Employment of teachers is ongoing and other citizens are welcome to apply for teaching jobs in North Eastern Region. When they are employed, they must be bonded to work there for a certain number of years.

Madam Temporary Speaker, when we were looking at The Division of Revenue Bill, we realised that we are always using the wrong audited accounts. The Constitution requires the last audited accounts approved by Parliament to be used. I urge the National Assembly to rise up to the task because the Report of the Auditor-General for 2015/2016 Financial Year is available and they should be up-to-date regarding the approved audited reports so that we can have the latest audited revenues. We are now using the ones for 2013/2014 audited accounts because we have no other alternative.

Madam Temporary Speaker, with those many remarks, I beg to support this Motion of Adjournment. When we come back, we would have attended the Devolution Conference and then proceeded to do the CARA Bill.

Hon. Members, I thank you, for those nice contributions. I join those who have wished everybody a good holiday by wishing all Senators and our staff a wonderful Easter weekend. We look forward to meeting again on 8th, May, 2018.

Hon. Senators, it is now time to adjourn the House. The Senate stands adjourned until Tuesday, 8th May, 2018, at 2.30