Thursday, 9th June, 2016

Mr. Speaker, Sir, I rise pursuant to the provisions of Standing Order No.45 (2) (b) . I beg to seek a Statement from the Chairperson of the Standing Committee on Land and Natural Resources concerning the mining of ballast by China Overseas Engineering Group Company Limited (COVEC) in Vihiga County. In the Statement, the Chairperson should explain if:-

Sen. Mwazo Mwakulegwa, please respond.

Mr. Speaker, Sir, on behalf of the Committee, we intend to respond in two weeks time.

It is so ordered.

Committee on Energy respond to Statement (a)? Please proceed, Sen. Mwazo.

Mr. Speaker, Sir, Sen. Obure had requested for a Statement in which he wanted the Chairperson to explain why despite promises made by the national Government to introduce various interventions to deal with frequent power blackouts in Kisii and its environs, the situation continues to worsen day by day. Mr. Speaker, Sir, the source of supply in Kisii - the electricity distribution in Kisii County is supplied from Kenya Power’s main transmission substation at Kegati which also supports Nyamira, Migori and Homa Bay counties. There is also a transmission substation within Kisii Town. However, in recent weeks, the network experienced voltage dips across the sub-transmission network which was as a result of defective control equipment. This equipment has since been sourced and installed by 16th May

Additionally, the pass- through costs, namely; the fuel cost charge, the foreign exchange rate fluctuation adjustment, water resource management levy and inflation adjustments have remained constant since January 2016 to date. The table below has a summary as follows; the fuel cost charges has remained at Kshs200.31. The foreign exchange rate fluctuation adjustment has remained at Kshs100.00. The water resource management levy has remained at Kshs0.50 while the inflation adjustments have remained at Kshs29.00. The other charges to be added to the taxes and levies which have remained unchanged during the same period; the value added tax at 16 per cent, the rural electrification programme at 5 per cent of revenue from unit sales and energy regulatory commission levy at Kshs0.30 per kilo watt. Any change to the billing amounts is due to the customer’s consumption quantities. An analysis of sample domestic and small commercial bills from KPLC systems have been provided for comparison purposes. These have indicated that the bills have fluctuated due to consumption patterns. Mr. Speaker, Sir, Sen. Obure further wanted the Chairperson to explain the measures that the Government intends to put in place to abolish the numerous charges loaded onto electricity bills such as fuel cost, forex adjustment, inflation adjustments and maximum month deviations, among other charges.

The response is as follows:- Regarding Approved Schedules; the tariffs were approved in 2013 and adopted. This structure will remain in force for three years. These have two components, basically the base tariff that is the fixed charge, energy charge and the demand charge, then the pass-through costs. I have explained the Fuel Cost Charges (FCC), the Foreign Exchange Rate Fluctuation Adjustments (FERFA), the Water Resource Management Authority Levy (WRMA) charges and the Inflation Adjustments (INFL). These are pass-through costs. The electricity prices are reviewed normally for a three-year term in line with the existing tariff review policy. In the meantime, variable input prices are affected by consumer price indices; internationally and locally.

Regarding the exchange rates, authority charges and fuel price fluctuations, the fluctuations of the above mentioned parameters form the basis of the pass-through costs. While efforts are being made to ensure predictability and reduce variations of the pass- through costs, it is important to ensure that the electricity prices are reflective of the costs and that Kenya Power’s financial integrity is maintained.

The next item is part (d) which required me to explain what the Government is doing to ensure institutions that are charged with the mandate of energy generation and distribution are working effectively to provide affordable reliable power supply. Under the Government’s plan to add 5000 megawatts to the national grid by 2017, the Government identified and allocated KenGen to deliver 844 megawatts. Of this target, KenGen has already delivered 385 megawatts through geothermal energy. Among the projects commissioned are Olkaria I and IV which have already delivered 280 megawatts. This has an overall impact because what has been delivered by these two projects is at seven US cents. These projects were commissioned in 2014 as per the attached schedule.

dominated by hydro, which was also the generation base load. However, from 2014 to date, KenGen has commissioned major generation plants, mainly geothermal, and this has shifted the base load as indicated in 30th June, 2014 with the comparison of 30th March, 2016. For example, geothermal energy in 2014 was 366 megawatts but now it contributes 658 megawatts. Hydro energy remains the same at 821 megawatts while thermal was 576 megawatts but is now contributing 829 megawatts. Wind and baggas was 31 megawatts but it is now 53 megawatts. Therefore, Kenya currently produces 2361 megawatts.

The growth strategy is therefore as follows: Going forward to 2025, there is an estimated demand of 8900 megawatts mainly driven by meeting the latent demand, growth in economic and implementation of the Vision 2030 key projects. KenGen intends to contribute towards this demand by adding 2500 megawatts, all green energy, mainly geothermal. It will consist of 2090 megawatts geothermal and 410 megawatts by wind. This contribution will significantly lower energy tariffs in the country and ultimately raise Kenya’s competitiveness. Going forward, KenGen is to enforce geothermal footprint in Africa and globally. The company has identified geothermal mode of generation as the key driver to make sure that Kenya is achieving supply of power.

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

On a point of order, Mr. Speaker, Sir. The Chairman has said that the power station was improved in the month of May this year. Despite that, we have not seen any improvement in the power supply to Migori County, instead it has worsened. Could he therefore confirm or deny that the lack of power supply to Migori County is total sabotage by Kenya Power because of political reasons?

What is it, Sen. Obure?

Mr. Speaker, Sir, I just wanted to thank the Chairman for an elaborate answer and also note that some of my main concerns have been addressed. For example, the defective control equipment which was largely responsible for this frequent power blackouts and the fact that they are now intensifying inspection to ensure that trees which are falling on power lines are removed to avoid any further outages. The only thing I wanted to request the chairman to find out is why the Kenya Power has given the public more than 10 telephone lines for contact in the event of a serious emergency yet you cannot reach them even when you call any of the 10 numbers they have given. I want to ask the Chairman to ensure that the issue is addressed so that we can reduce human suffering and possible potential danger to the public.

Mr. Speaker, Sir, I have other individual concerns which I will raise with the Chairman so that he can contact Kenya Power and other energy institutions. I do not have to raise it here.

Sen. Billow.

Mr. Speaker, Sir, Kenya Power is a company of contradictions. This is because you read about them saying there is so much power that they are thinking of exporting it then in the next minute, half of this country has unreliable power supply and it is very expensive.

they still have the thermal power plants which are very expensive when we have so much of the geothermal, hydro and green Energy which are cheaper? Is it because those people who own the thermal power plants are politically connected individuals who must maintain those power plants? Is that the reason why Kenyans will continue paying for very expensive power?

Secondly, when is this country going to ensure that there is reliable power supply in areas off the national grid like Mandera where we have serious problems of power throughout the year? We have been here complaining year in, year out. When will the Ministry ensure that there is reliable power supply? We have really suffered. It is like that part of the country is not part of the nation.

Hon. Senators, try to be brief since the interest is quite high.

Sen. Ndiema.

Mr. Speaker, Sir, I had ridden on the request and sought to know why some schools in Trans Nzoia County were supplied with solar power instead of the grid power when, in fact, the said schools were not more than three kilometers away from power lines. Grid power tends to benefit the community as compared to solar power which serves only the institution. Did they buy more solar power units than was necessary? I believe that there are certain parts of the country which require solar power more than Trans Nzoia. This particularly happened in Sinyerere Ward.

Mr. Speaker, Sir, I need a clarification on the issue that the many tariffs that are levied on Kenyans can only be reviewed after three years. We were told that we had surplus electricity at some point in time. Do we not have a way in Kenya of reviewing levies after six months or one year, since that rigidity of three years is costly for the Kenyan people?

Mr. Speaker, Sir, Kenyans have suffered for a very long time under the Kenya Power Company. I think they are subjecting Kenyans to this because of the monopoly they enjoy. The Senator for Kisii asked a very specific question and I do not think the Chairman has come out clearly to answer it. He asked about the numerous charges that are loaded on our electricity bills. This is one of the countries where electricity is very expensive and, as a result, we are scaring away investors. Some of us receive electricity bills of up to Kshs40,000 a month, just for lighting. Could the Chairman come out clear on the charges on our monthly electricity bills?

Mr. Speaker, Sir, as you are aware, all schools are supposed to be provided with laptops and they require electricity as the source of power. Could the Chairman convince us that by end of the year, the laptops project will have taken off?

The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, when the Jubilee Government came into power they extravagantly promised that in five years they were going to bring on-stream 5,000 megawatts of power. To date, three-and-a-half years down the line, from the public pronouncements we have been seeing and the launching of projects, they have brought on-stream less than 150 megawatts. Everytime we ask about power dips, outages and blackouts we are told that it is because of the weakness of the grid due to shortage of power.

can have continuous and uninterrupted supply of power? Whenever there is an outage or blackout in many households, the entire electrical equipment – fridges, television sets and other equipment - get destroyed, and the Kenya Power does not compensate the users. Could the Chairman assure the House that Kenya Power will be obligated by law – even if it requires legislation – to insure against unforeseen damage that comes to users for no fault of their own?

can have continuous and uninterrupted supply of power? Whenever there is an outage or blackout in many households, the entire electrical equipment – fridges, television sets and other equipment - get destroyed, and the Kenya Power does not compensate the users. Could the Chairman assure the House that Kenya Power will be obligated by law – even if it requires legislation – to insure against unforeseen damage that comes to users for no fault of their own?

Could the Chairman respond?

information might help him as the Chairman of the Committee on Education.

Sen. Wetangula said that ever since the Jubilee Government came into power they have only increased 150 megawatts. The fact of the matter is that as at 2013 we were at 1,794 megawatts. Currently we have 2,361 megawatts; an increase of over 500 megawatts.

(Sen. Wetangula spoke off-record) They promised 5,000 megawatts by 2017. If need be, I could provide the projected production up to 2017, towards the 5,000 megawatts.

(Sen. Wetangula spoke off-record) I am not cheating. What I am providing are facts, and figures do not lie. Currently, we have 2,361 megawatts.

information might help him as the Chairman of the Committee on Education.

Sen. Wetangula said that ever since the Jubilee Government came into power they have only increased 150 megawatts. The fact of the matter is that as at 2013 we were at 1,794 megawatts. Currently we have 2,361 megawatts; an increase of over 500 megawatts.

(Sen. Wetangula spoke off-record) They promised 5,000 megawatts by 2017. If need be, I could provide the projected production up to 2017, towards the 5,000 megawatts.

(Sen. Wetangula spoke off-record) I am not cheating. What I am providing are facts, and figures do not lie. Currently, we have 2,361 megawatts.

What is it Sen. Okong’o?

On a point of order, Mr. Speaker, Sir. I wonder why the Vice Chairperson would respond to non-issues. Everybody else knows that this is cheating and he has answered loudly on the Floor. Was he in order to talk about issues which are outside the inquiries made by Members?

Mr. Speaker, Sir, I did not respond to non-issues. While I was responding, Sen. Wetangula said that; “do not cheat on their behalf”. That is why I responded by saying I am not cheating. I have given figures and I said figures do not cheat. All I said is that from 1,794 megawatts to 2,361 megawatts, there has been some growth in that sector. It is not adequate and that is why I have said we need to accelerate that growth so that by 2017, the 5,000 megawatts they promised is delivered to the Kenyan consumer.

Vice Chairman, for my own understanding, it has moved from what to what production?

I said it has moved from 1,794 in 2014 to 2,361 megawatts today. There has been increment of 500 megawatts but there is a total shortfall of 2,600 megawatts.

On a point of order, Mr. Speaker, Sir. I think the Vice Chairman did not clarify some of the questions I sought. Regarding the increase by 500 megawatts, you will notice that nearly 300 megawatts is from thermal power plants. Those are political projects. Could the Vice Chairman clarify how many megawatts actually came from geothermal which is the main source that we were targeting in this five-year period?

Order, Sen. Billow. Let me allow the Vice Chairman to respond.

said this earlier – is the hydro which has remained at 821 megawatts. Thank you.

said this earlier – is the hydro which has remained at 821 megawatts. Thank you.

Order, Members. Vice Chairman, I made an observation that you started recounting one year later. My understanding, which is also yours, is that the Jubilee Government, including you in the Senate, came into being in 2013 but not 2014. So, I am surprised that Sen. Wetangula is actually unhappy. He should be happier because maybe if we added one more year, it could be more.

On a point of order, Mr. Speaker, Sir. I seek your indulgence to table some petition reports for four counties that came in a bit late.

On a point of order, Mr. Speaker, Sir. I thought we were on statements and we have only dealt with one.

On a point of order, Mr. Speaker, Sir. I thought we were on statements and we have only dealt with one.

Yes. In the Standing Orders, there is a provision that states that the Speaker, for the convenience of the House, can reorder---

It is very easy because statements are many. These are small issues which we can deal with before we forget and resume statements.

Sen. Billow.

Mr. Speaker, Sir, I beg to table, today, 9th June, 2016, The Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition---

Mr. Speaker, Sir, thank you very much. I apologise for tabling these reports late. I seek the indulgence of the House to lay on the Table of the House, the following Reports:-

Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition by Hon. Daniel Chitswah, the Speaker of Vihiga County Assembly, concerning taxation of allowances and other benefits paid to Members of County Assembly (MCAs) and the staff of the County Assembly.

Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition by residents of Machakos County concerning breach of the Constitution and other laws by the County Executive and the County Assembly of Machakos.

Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition by Hon. Festus Ndeto, MCA representing Kola Ward in Machakos County concerning marginalisation of Kola Ward in the implementation of development projects by the County Government.

Lastly, Report of the Standing Committee on Finance, Commerce and Budget on the Petition to the Senate by Julius Masiva Obuga concerning employment of workers at the Vihiga County Assembly and the wastage of public funds by the County Assembly.

Thank you.

Mr. Speaker, Sir, thank you very much. I apologise for tabling these reports late. I seek the indulgence of the House to lay on the Table of the House, the following Reports:-

Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition by Hon. Daniel Chitswah, the Speaker of Vihiga County Assembly, concerning taxation of allowances and other benefits paid to Members of County Assembly (MCAs) and the staff of the County Assembly.

Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition by residents of Machakos County concerning breach of the Constitution and other laws by the County Executive and the County Assembly of Machakos.

Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition by Hon. Festus Ndeto, MCA representing Kola Ward in Machakos County concerning marginalisation of Kola Ward in the implementation of development projects by the County Government.

Lastly, Report of the Standing Committee on Finance, Commerce and Budget on the Petition to the Senate by Julius Masiva Obuga concerning employment of workers at the Vihiga County Assembly and the wastage of public funds by the County Assembly.

Thank you.

Order, Members, I also have a petition to the Senate by five residents of Bungoma County concerning corruption and other grievances.

Hon. Senators, pursuant to Standing Order Nos. 220 (1) (a) and 225 (2) (b) , I hereby report to the Senate that the Petition has been submitted through the Clerk by five residents of Bungoma County concerning corruption, breach of Public Finance Management (PFM) laws and regulations and other grievances against the County Government of Bungoma. In summary, the petitioners state as follows:-

Mr. Speaker, Sir, it is interesting that we are getting a petition from Bungoma County, which had become notorious because a wheelbarrow in that county was reported to be costing similar prices to some of the vehicles that are manufactured in countries like India. It is important that Kenyans are bringing these petitions to the Senate. It is a clear indication that they have confidence that this House will investigate these matters and recommend appropriate action.

One of the challenges that petitioners face is that although we make commendations to the office of the Director of Public Prosecutions (DPP) for action, they do not move with speed to investigate and prosecute those particular cases. Going forward, our Committee, in particular, the Senate Committee on Finance, Commerce and Budget is in the process of inviting the Office of the DPP so that we can go into a mutual agreement to ensure that an officer from that office will sit in the Committee during our deliberations so that they get the facts relating to all the cases. This is to facilitate their work so that in case there is any recommendation regarding prosecution, they can deal with it.

It is important that we deal with all these incidences that have been raised in petitions such as the one from Bungoma County so that the level of corruption, pilferage and theft of funds in the counties is brought to a halt.

Bw. Spika, asante kwa kunipa nafasi ya kuunga mkono malalamishi haya.

Bw. Spika, kuna kulalamika na kunung’unika. Kunungu’nika ni ile hali ya kupigo domo tu bila kuchukua hatua yoyote. Wakenya wengi tunapenda kununung’unika. Tunayotaka sisi ni kulalamika na kuhakikisha maneno yamewekwa katika maandishi kusudi jambo lile liweze kufuatiliwa. Haya malalamishi ndiyo tunataka kuliko kunung’unika.

Bw. Spika, naunga mkono watu wa Bungoma kwa jambo walilotenda na ninahimiza jambo hili lifanyiwe kazi kwa haraka.

Mr. Speaker, Sir, looking at this petition, I am concerned that we may be receivingvery many petitions from many counties. My concern is that our Standing Orders require that when a petition comes, the recommendations of the committee concerned cannot be debated but rather have to be implemented.

I am wondering what will happen if the recommendation of a committee is such that the governor should go. Will he go? We need your direction on this matter considering that we have been through some issues related to this kind of approach and we may be opening a different chapter.

I cannot recall any of them, that we can say has been successfully prosecuted. No one has been prosecuted as a result of corruption due to the petitions brought to the Committee or from the deliberations of the Auditor-General.

Mr. Speaker, Sir, what this House must address and squarely face, is the fact that there is a link between theft and prosecution but it is currently missing. This is because we can talk until the cows come home, but if there is no prosecution of any individual, we shall still be doing what Sen. Boy Juma Boy said about “kunung’unika”. We need to address that issue.

As the Senate Committee on Finance, Commerce and Budget, and my Chairman is here, what are we going to do towards prosecution of those who have been named in corruption? We are aware that this House prosecuted an individual to the point where he was removed from the governorship of Embu County but he has continued to serve for five years. In fact, he is boasting that this House cannot do anything. If we cannot deal with the governors who are stealing, how can we deal with clerks who are under the same governors who are stealing?

Mr. Speaker, Sir, we have heard that a wheelbarrow has been bought for US$1000 and yet we have not heard of the prosecution or jailing of such an individual. How then can we stand as a House and start complaining about the national level of corruption?

I cannot recall any of them, that we can say has been successfully prosecuted. No one has been prosecuted as a result of corruption due to the petitions brought to the Committee or from the deliberations of the Auditor-General.

Mr. Speaker, Sir, what this House must address and squarely face, is the fact that there is a link between theft and prosecution but it is currently missing. This is because we can talk until the cows come home, but if there is no prosecution of any individual, we shall still be doing what Sen. Boy Juma Boy said about “kunung’unika”. We need to address that issue.

As the Senate Committee on Finance, Commerce and Budget, and my Chairman is here, what are we going to do towards prosecution of those who have been named in corruption? We are aware that this House prosecuted an individual to the point where he was removed from the governorship of Embu County but he has continued to serve for five years. In fact, he is boasting that this House cannot do anything. If we cannot deal with the governors who are stealing, how can we deal with clerks who are under the same governors who are stealing?

Mr. Speaker, Sir, we have heard that a wheelbarrow has been bought for US$1000 and yet we have not heard of the prosecution or jailing of such an individual. How then can we stand as a House and start complaining about the national level of corruption?

Mr. Speaker, Sir, I support the Petitioner but seek that my colleagues address the bigger matter of what to do when we conclude those petitions.

Mr. Speaker, Sir, I thank the Petitioners from Bungoma County for bringing up an issue which is rampant in this country. As my colleagues have said, it seems like the governors are having a field day because the other systems are not working. For example, the Ethics and Anti-Corruption Commission (EACC) has many cases and Kenyans have reported the vices but nothing is being done. Also the Office of the Director of Public Prosecution is also not doing anything to that effect. We need to go beyond addressing petitions and come up with practical ways of curbing this run away malpractice at the counties.

pronouncing ourselves seriously on the matter of plunder of public resources by governors. This can be possible even if it means presenting a petition to the Judicial Service Commission (JSC) or have a special court to deal with issues of plunder of money meant for devolution. This is because devolution is a great promise for this country but we are not seeing the fruits. It is really frustrating to sit in the Senate undertaking county revenue allocation, only for these allocations to end up paying salaries and in the pockets of a few individuals. We are being frustrated by the Office of the DPP and the EACC. It is about time that we also consider not only making recommendations but also taking more actions. This is because we have done that before.

What is it that we, as Senators, can do to deter people from plundering public resources such that when the matter is brought to the Senate, it will successfully be prosecuted in our courts and end up with jailing of those found guilty? This will lead to people respecting public property.

pronouncing ourselves seriously on the matter of plunder of public resources by governors. This can be possible even if it means presenting a petition to the Judicial Service Commission (JSC) or have a special court to deal with issues of plunder of money meant for devolution. This is because devolution is a great promise for this country but we are not seeing the fruits. It is really frustrating to sit in the Senate undertaking county revenue allocation, only for these allocations to end up paying salaries and in the pockets of a few individuals. We are being frustrated by the Office of the DPP and the EACC. It is about time that we also consider not only making recommendations but also taking more actions. This is because we have done that before.

What is it that we, as Senators, can do to deter people from plundering public resources such that when the matter is brought to the Senate, it will successfully be prosecuted in our courts and end up with jailing of those found guilty? This will lead to people respecting public property.

Mr. Speaker, Sir, I join my colleagues in lauding members of those respective counties for being vigilant and concerned enough to raise issues regarding wastage of funds in their counties. We should encourage members of the public who have the interest of their counties at heart to take initiatives to raise such petitions.

If you listen to the Member of County Assembly (MCA) from Machakos County who has realised that there is a deliberate attempt to refuse to fund projects in his Ward just because he is not singing the same song as the governor, that is the type of leaders that we want. From the counties that we come from, particularly my county, there are some peculiar wards that have been shut out because they do not sing the governor’s name in the morning, mid-day and evening. This is a terrible way of slavery that has arrived in our counties.

As we look at these petitions, we should also come up with a procedure to compel relevant Government arms like the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (DPP) to quickly institute a lifestyle audit on some of these fellows who were nobody yesterday morning and became instant millionaires overnight. I am told that there are some who have even decided to build helipads on top of their houses and these are people who were just ordinary in the village.

I support this and I encourage it. I am waiting for some from West Pokot, Turkana and Trans Nzoia counties who are my neighbours, now that Bungoma County has started.

Order! Sen. (Prof.) Lonyangapuo, speak on the one of Bungoma County for now.

funds are plundered in our counties, no action is taken. It is time that this Senate stands up to be counted in eliminating such vices in our counties. The police should not consider theft to be matters of corruption. If it is outright theft they should take steps immediately and not wait for other institutions to act.

funds are plundered in our counties, no action is taken. It is time that this Senate stands up to be counted in eliminating such vices in our counties. The police should not consider theft to be matters of corruption. If it is outright theft they should take steps immediately and not wait for other institutions to act.

Strictly the last three: Sen. (Dr.) Zani, Sen. Khaniri and then Sen. Wetangula, in that order.

Mr. Speaker, Sir, the promise of devolution and especially the way it is being implemented has become a big disappointment for many people, especially the misappropriation of funds. In the Committee on Finance, Commerce and Budget, more and more petitions are coming about the same. I think it raises a fundamental question where even when we begin the debate about the Constitution and the sort of dialogue and changes that we want to engage in, to begin to think about the nature of how governors should get into office. I know of countries like Sweden who have resorted to appointing of governors rather than electing them; such appointees are regarded as Chief Executive Officers (CEO) and directly answerable.

I think the problem that we have had with governors is that at the end of the day, they are elected and they feel that they owe their allegiance to the electorate. So, to remove them – this is the argument that they present – it would take the people who elected them, depending on whether they were voted in or not. In most counties, you would expect finally that the buck stops with the governor. He should be the one who should be answerable. I think it has already been expressed that we have been unable to make the governors accountable. I know especially in this society, as long as something is not punitive, people will try to get away with it as much as possible.

However, I think it also gives us a chance,because this is the first time that we are implementing devolution, as we go into the elections, the citizens are watching, becoming more alert about the sort of people they want to elect and are even looking at their qualifications. Even as they continue to engage in the voting, they do so for people who are patriotic and who are really interested in entrenching and making devolution work.

expeditiously, so that we can get to the bottom of these complaints. Bungoma is the same county where we had wheelbarrows being bought for Kshs1 million and the Governor’s seat was bought for Kshs3 million; kiti ya kukaa tu. I urge the Committee to be very firm. This time around, we must ensure that action is taken against these particular implicated officers.

The Senate Minority Leader (Sen. Wetangula): Mr. Speaker, Sir, before I make any comment, I thank each Senator who has shown interest in this Petition from Bungoma County. I salute the five courageous residents of Bungoma County who have filed this Petition. For ordinary citizens to come to this House and file a petition to highlight issues of corruption, it means that they have lost hope along the way, to the effect that the Directorate of Criminal Investigations (DCI), the EACC and all institutions of Government are not working.

Mr. Speaker, Sir, Bungoma is the county with notoriety, where in the first year, the governor presented a budget where he had allocated Kshs53 million to fight pornography that does not exist in Bungoma. He had provided Kshs54 million for personal entertainment. This means that he was to spend an average of Kshs1 million plus on personal entertainment every week. It is the county with the notoriety of the governor spending public funds to invite a man from Congo called Kanda Bongo Man to the county to dance the whole night, where the governor himself was dancing.

It is the county where a wheelbarrow was bought for Kshs109,000 which translates to 2725 per cent above the normal purchase price of a wheelbarrow. This is the county where a meat hook which hangs a leg of a cow in a butchery was bought for Kshs34,000 when it costs Kshs400. It is the county where a parcel of land that would have cost Kshs47 million was bought by the governor at Kshs163 million. It is the county where recently, the governor purchased a chair worth Kshs2.7 million to be carried around for him to sit on whenever he goes for a funeral.

Mr. Speaker, Sir, these obscenities are the frustration that drive residents to run to this House. The only good thing that appeared in Bungoma County recently is when a courageous young man hang onto a helicopter and looked like James Bond. Otherwise, everything from my county is stinking. It may be recalled that the Ethics and Anti- Corruption Commission (EACC) went to Bungoma on an investigation mission and found an official of the county with Kshs6 million under his mattress. Up to today, he has not been prosecuted or been taken to account.

It is the county where the governor and his government can award two contracts on one road, from A to B and B to A and pay for both simultaneously. This is how money is being stolen. This story sounds like every other story in every other county but Bungoma is the most notorious. It is the only county that is leading in pending bills. When the Controller of Budget released the list of pending bills, Bungoma County had Kshs2.7 billion pending bills against the provisions of the Public Finance Management Act (PFMA).

I want to urge my brother, the Senate Majority Leader, that we need to sit together and re-look at the Standing Orders. We need to know what to do with the end product of petitions that come to this House. Bringing witnesses to give testimonies and then

projected that he will collect kshs1.47 billion in local revenues. Records show that he collected Kshs2 billion and then reflected that he had collected Kshs183 million. The rest disappeared. This has killed the incentive of all the Senators to start advocating for more money to go to the counties. Money is going to the counties to line the pockets of individuals.

Mr. Speaker, Sir, as I finish, the other day, a good Samaritan came to tell me that my governor and a member of his family purported to purchase fertilizer worth Kshs150 million this planting season. What was bought was fertilizer of less than Kshs20 million. The rest of the money is gone. I agree with Sen. Ndiema that we should not turn theft into corruption. Theft is an outright criminal offence for which the Directorate of Criminal Investigations (DCI) should move in, investigate, arrest, incarcerate and prosecute. We need to have things move right now or never.

I want to urge the Committee on Finance, Commerce and Budget, Chaired by Sen. Billow, being a man with a finance background, to meticulously look at the Bungoma Petition. If there is any governor who needs to be in Kamiti Maximum Prison as a guest of the State, it is the governor of Bungoma. I want to see justice being done for the people of Bungoma County. The billions that we have given Bungoma County as the third largest county cannot be counted for anything.

Order Members, we may now proceed with Statements.

Sen. Sijeny, you had a Statement to seek.

Mr. Speaker, Sir, before I make any comment, I thank each Senator who has shown interest in this Petition from Bungoma County. I salute the five courageous residents of Bungoma County who have filed this Petition. For ordinary citizens to come to this House and file a petition to highlight issues of corruption, it means that they have lost hope along the way, to the effect that the Directorate of Criminal Investigations (DCI), the EACC and all institutions of Government are not working.Mr. Speaker, Sir, Bungoma is the county with notoriety, where in the first year, the governor presented a budget where he had allocated Kshs53 million to fight pornography that does not exist in Bungoma. He had provided Kshs54 million for personal entertainment. This means that he was to spend an average of Kshs1 million plus on personal entertainment every week. It is the county with the notoriety of the governor spending public funds to invite a man from Congo called Kanda Bongo Man to the county to dance the whole night, where the governor himself was dancing.It is the county where a wheelbarrow was bought for Kshs109,000 which translates to 2725 per cent above the normal purchase price of a wheelbarrow. This is the county where a meat hook which hangs a leg of a cow in a butchery was bought for Kshs34,000 when it costs Kshs400. It is the county where a parcel of land that would have cost Kshs47 million was bought by the governor at Kshs163 million. It is the county where recently, the governor purchased a chair worth Kshs2.7 million to be carried around for him to sit on whenever he goes for a funeral.Mr. Speaker, Sir, these obscenities are the frustration that drive residents to run to this House. The only good thing that appeared in Bungoma County recently is when a courageous young man hang onto a helicopter and looked like James Bond. Otherwise, everything from my county is stinking. It may be recalled that the Ethics and Anti- Corruption Commission (EACC) went to Bungoma on an investigation mission and found an official of the county with Kshs6 million under his mattress. Up to today, he has not been prosecuted or been taken to account.It is the county where the governor and his government can award two contracts on one road, from A to B and B to A and pay for both simultaneously. This is how money is being stolen. This story sounds like every other story in every other county but Bungoma is the most notorious. It is the only county that is leading in pending bills. When the Controller of Budget released the list of pending bills, Bungoma County had Kshs2.7 billion pending bills against the provisions of the Public Finance Management Act (PFMA).I want to urge my brother, the Senate Majority Leader, that we need to sit together and re-look at the Standing Orders. We need to know what to do with the end product of petitions that come to this House. Bringing witnesses to give testimonies and then

Chairperson or Vice Chairperson of the Committee on Health.

Sen. Kittony.

Mr. Speaker, Sir, we will respond in a week’s time.

Mr. Speaker, Sir, I rise to seek a Statement from the Chairperson of the Standing Committee on Health. In the Statement, the Chairperson should address the following:-

Mr. Speaker, Sir, I do not have the answer with me. It came by email and it has not been officially signed. I will give an answer next week.

It is so ordered. Statement (c) ; Vice Chairperson Standing Committee on Energy.

It is so directed, in a week’s time.

Mr. Speaker, Sir, I do not have the answer with me. It came by email and it has not been officially signed. I will give an answer next week.

It is so ordered. Statement (c) ; Vice Chairperson Standing Committee on Energy.

Mr. Speaker, Sir, I would like to make a further inquiry. Isiolo County is one of the counties which I thought enjoy what the President said; the last mile connectivity. If what has been raised is true, then could the Chairperson inform us how many institutions have not been connected to the electricity grid in that county and neighbouring counties?

Mr. Speaker, Sir, regarding Sen. Adan’s concern about accessing the areas, I said that rainy season and insecurity are the main challenges. I have also explained the measures being undertaken to make the areas accessible.

Regarding compensation, Kenya Power has appointed County Business Managers in all the counties. They have full complements that are able to access and reach the customers. If the people do not know how to pursue their claims, I urge my colleagues to sensitize the public during public barazas. If they have any damage arising from electrical fault, they can approach the County Kenya Power offices. They will be guided on how to fill the forms. They will be assisted to get compensation.

Sen. (Prof.) Lonyangapuo has requested for information on institutions that have not been supplied with electricity. This is a new request. I will send it to him personally. I am not in a position to give him details now because this was not part of the statement requested.

Order, Sen. Adan. It is statement time. Do not use this as excuse to debate.

Mr. Speaker, Sir, finally, the other concern is the issue of compensation. Most of our people do not know how compensation is done. I wish the Ministry could build the capacity of the locals to ensure that when there are such dangers, they can follow up compensation stages.

Mr. Speaker, Sir, I would like to make a further inquiry. Isiolo County is one of the counties which I thought enjoy what the President said; the last mile connectivity. If what has been raised is true, then could the Chairperson inform us how many institutions have not been connected to the electricity grid in that county and neighbouring counties?

Mr. Speaker, Sir, regarding Sen. Adan’s concern about accessing the areas, I said that rainy season and insecurity are the main challenges. I have also explained the measures being undertaken to make the areas accessible.

Regarding compensation, Kenya Power has appointed County Business Managers in all the counties. They have full complements that are able to access and reach the customers. If the people do not know how to pursue their claims, I urge my colleagues to sensitize the public during public barazas. If they have any damage arising from electrical fault, they can approach the County Kenya Power offices. They will be guided on how to fill the forms. They will be assisted to get compensation.

Sen. (Prof.) Lonyangapuo has requested for information on institutions that have not been supplied with electricity. This is a new request. I will send it to him personally. I am not in a position to give him details now because this was not part of the statement requested.

Mr. Speaker, Sir, I have two of them. I was responding to 2 (f) instead of 2 (e) .

Order, Senator! I repeated and made reference to statement 2 (e) twice. You ignored twice and attempted to respond to statement 2 (g) twice. You can conclude the rest.

Mr. Speaker, Sir, I agree with my good friend, the Senator for Nyeri. This is a very important matter. If that is the decision of the Committee, I have no problem. I would wish to be informed when the Cabinet Secretary is coming so that I can attend that session as a friend of the Committee.

It is so ordered. Next statement! Where is the Chairperson of the Standing Committee on Land and Natural Resources?

Mr. Speaker, Sir, following the request for a statement on weather forecasts made by the meteorological department---

Order, Sen. Kivuti, Chairperson of the Committee on Land and Natural Resources. I do not see any weather forecasting in statement 2 (e) .

Mr. Speaker, Sir, I rise to respond to the request for a ministerial statement on validity of weather forecasts by the Kenya Meteorological Department as requested by Sen. Okong’o.

Sen. Khaniri, do you wish to assist your Chairperson?

Maybe we need some doctors to determine whether your errors are infectious.

Mr. Speaker, Sir, I understand why my Chairman is rushing to the other one. We do not have the answer to this one. I have a letter that we wrote to the Ministry.

Order, Senator! Since the one who requested the Statement is not here, those are unnecessary details. Let us go to Statement 2 (g) ; beloved of the Chairperson. Sorry, it is statement 2 (f) .

Mr. Speaker, Sir, you also made an error this time.

Maybe we need some doctors to determine whether your errors are infectious.

Mr. Speaker, Sir, let me thank the Chair for belatedly bringing this answer which I sought in February this year. At that time, there were a lot of inconsistencies in weather patterns. I have heard the Chairman say that the weather forecast department has been accurate which is not true because we still have inconsistencies. What I need to be clarified on is about the modern equipment procured by the department for the last ten years.

The Chairman, could you respond to this?

Mr. Speaker, Sir, I actually took that question very seriously and that is why I did not jump any part of the answer to question three which sought to know what equipment the meteorological department has. I will not read all of them again because I have gone through more than two pages. They are inclusive of observational systems and networks which I just read a few minutes ago. Service observation systems, upper layer observation systems, space based observation systems, telecommunication systems and networks, data processing analysis and forecasting systems, data base management systems, conduct and information dissemination systems and human capital. I do not think I need to repeat that.

You do not need to repeat. Next statement by the Senate Majority Leader.

Mr. Temporary Speaker, Sir, mine is to give the Statement on the business for next week.

On Tuesday next week, there will be a Rules and Business Committee meeting at

Does it mean that the Speaker will not make any comment?

Mr. Temporary Speaker, Sir, he will be involved in the listening part, only the hearing part. We should listen to the Chief Justice in silence without question or comment. Those who belong to the “firimbi” movement, are hereby warned not to repeat the fiasco we saw on the other side during the address by the President in April.

Mr. Speaker, Sir, allow me to welcome all senators for that important address. We have discussed in the Rules and Business Committee and we think we should use Standing Order 25 a little more. Suggestions have been put across for example--- Though it has to be discussed and approved by the House leadership, I see no reason as to why the retired presidents of this country like former President Daniel Toroitich arap Moi, who sat in this chamber in 1957 as a Member of the Legislative Council (LEGCO) , should not come, if he has the time to just give us his views, whatever those views are, so that we can chronicle the journey of our country including the good and the bad. The former President Hon. Mwai Kibaki, who himself was the third president of Kenya - I see no reason why he should not be invited to come and share with us what he considers as his achievements and challenges now that he is out of office. I think this is a very good thing. We should have more of these dignitaries coming to address this House.

On the same Tuesday, we shall continue with the business after the address by the Chief Justice because I do not think he will take the whole afternoon.

Allow me to note that the same will continue on Wednesday 15th and Thursday 16th June, 2016. We have very many urgent Bills which have constitutional deadlines. I want to thank Senators because we have done commendably well in the last two weeks.

Bill which was very urgent, the Anti-Doping Bill, to finality. With regard to the constitutional Bills or those with constitutional deadlines, we have about nine of them. We need to work faster and smarter. I therefore want to encourage full attendance next week.

It should also be noted that in accordance with our calendar, we have a short break of about one week from Thursday for about ten days. That will eat into our time. I am not saying recess is not important. I am just trying to make a case of why we must work very hard on the Bills that have constitutional deadlines before another crisis comes. As Senators maybe are aware, the last extension that was given on these Bills is final. We even have a longer recess, the usual longer recess at the end of July. This means that we shall be away the entire of August and half of September. So to avoid inconveniencing Senators who had scheduled private or county activities during our recesses, let us work maximally when we are on session. I hope we will do a few more Bills next week. I do not want to talk more than I have done. I now lay the Statement on the business of next week on the Table of the Senate.

Next Order!

Mr. Speaker, Sir, I beg to move that the Energy Bill (National Assembly Bill No. 50 of 2015) be read a Second Time. The Energy Bill is one of the Bills that have a deadline under our Constitution; that it must be enacted by 27th August, this year. As I have said when I was giving the weekly statement, the extension that was given to these Bills last year is final and non- extendable.

Mr. Temporary Speaker, Sir, what this Bill does is to; first, consolidate all the laws relating to energy into one piece of legislation. Secondly, it will align the issues around energy to the Constitution of Kenya of 2010, noting in particular, the sharing of responsibilities between the national Government and---

Mr. Temporary Speaker, Sir, my senior, Sen. Orengo is---

Order! Sen. Orengo. The House was very silent until you came in.

Next Order!

Second Reading

Mr. Speaker, Sir, I beg to move that the Energy Bill (National Assembly Bill No. 50 of 2015) be read a Second Time. The Energy Bill is one of the Bills that have a deadline under our Constitution; that it must be enacted by 27th August, this year. As I have said when I was giving the weekly statement, the extension that was given to these Bills last year is final and non- extendable.

Mr. Temporary Speaker, Sir, what this Bill does is to; first, consolidate all the laws relating to energy into one piece of legislation. Secondly, it will align the issues around energy to the Constitution of Kenya of 2010, noting in particular, the sharing of responsibilities between the national Government and---

Mr. Temporary Speaker, Sir, my senior, Sen. Orengo is---

Order! Sen. Orengo. The House was very silent until you came in.

I know that for the past two weeks, he has been engaged in activities outside this House. So, he needs to align himself to the activities of the Senate.

Mr. Temporary Speaker, Sir, this Bill consolidates the law on energy. Secondly, it aligns the responsibilities of national and county governments with regard to energy with the new Constitution of Kenya of 2010. I do not know whether it is still new but it used to be new. I think it is getting older but it remains the Constitution of Kenya, 2010.

Mr. Temporary Speaker, Sir, allow me, by way of this Second Reading debate, move this Bill by highlighting some of the key provisions of this Bill. In Clause 3, the Bill describes itself as the framework law on energy. In other words, this is the Bill that will apply. In the event of any conflict between this Bill and any other law on matters of energy, the Energy Bill will prevail. It is a framework law, just the same way, in matters of environment, The Environmental Management and Coordination Act supersedes any other sectoral statutes that touch on aspects of the environment.

I also want to highlight Part Two which comprises of Clauses 4 to 8. I want to mention that the CS is under obligation to develop a national integrated energy policy which must be reviewed every five years. The same Part requires the CS to publish a report on implementation of the national integrated energy plan every year.

Mr. Temporary Speaker, Sir, first and foremost, I apologise unreservedly to the Senator for Mombasa County, Sen. Hassan Omar Hassan, for not referring to him as such. It was inadvertent but not intentional. Secondly and finally, I noted that Sen. Hassan Omar Sarai has not denied that he is a layman. My fear was that he was contesting that he is a lay person. What he has asked is why I singled him out because I know he is a layman. The other colleagues I see here are quite fluent on matters energy. The last time I checked, Sen. Hassan is more at home with other topics which I do not want to list here. The last time I checked, energy is not one of them and I am not aware that Sen. Hassan has gone back to school since we joined the Senate in 2013.

Mr. Temporary Speaker, Sir, allow me to say that that the REREC will make sure that rural areas access electricity and also ensure that renewable energy is promoted. I

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

Order, Senate Majority Leader. What is your point of order, Sen. Hassan?

Mr. Temporary Speaker, Sir, did you notice the almost derogatory way the Senate Majority Leader singled me out casually by saying Hassan Omar, without due reference to what was given to me by the people of Mombasa as “en. Hassan Omar”? He went ahead to explain to me what renewable energy is. I am a proponent of renewable energy. After all, there is Sen. Kanainza, the Senator for Uasin Gishu, the Senator for Makueni and Sen. (Dr.) Zani. Why would he think that I am the one who needed some specific elaboration on renewable energy?

progress. One of the things that must be said here is that the issue of energy is very important to this nation because it is the highest factor in terms of costs in industry and agriculture. If there is one sector that must be managed properly both at national and county government level, it is the energy sector. If the intention---, and I hope the Committee will scrutinize that energy in whatever sense, whether renewable, wind energy, hydro-electric power energy, nuclear energy or any other form of energy - is not to make energy cost cheaper, then we are not helping the common mwananchi.

Mr. Temporary Speaker, Sir, in clause 171, you will find Rural Electrification and there is a fund. This morning we were discussing the Equalization Fund with the Cabinet Secretary for National Treasury and one of the things that have led to marginalization in this country is electricity. That is why Article 204 of the Constitution identifies electricity as one of those things that theEqualization Fund attempts to equalize. The efforts that I see with the Jubilee Government in attempting to have all schools connected to electricity, we should be saying that every homestead should have a switch. Every homestead should have an electricity switch; just like the one I saw His Excellency the Presidentswitching on in a place I cannot remember, which to me appeared like an informal structure. That is what every Kenyan should have.

The minimum standard is that every school must have electricity. However, since it is a challenge and a big problem, it has been revised that every school must have a connection or solar energy. I know that although solar energy is a substitute for electricity, the correct position is that what rural electrification programme is doing in our schools is that they are going to abandon those solar projects because it is very expensive to maintain them.

It is very expensive for primary schools in the rural areas to maintain the solar power set up, for example in your county of Kajiado.This is because even the middle class would find it very difficult to maintain the panels, the batteries and so on. The intention of having rural electrification fund should be that every market or every health centre in this Republic to have electricity connection.

Mr. Temporary Speaker, Sir, there is also what they are calling the tribunal. The tribunal is called Energy and Petroleum Tribunal which excites my mind for good reasons. If this tribunal was in existence in the previous laws or in the law that we are going to repeal, the people of Thange and Kibwezi where there was a petroleum spill, would have had a good avenue to file a suit in this tribunal for compensation for over 300,000 litres of petroleum oil that leaked into Thange in Kibwezi East Constituency.

Mr. Temporary Speaker, Sir, we are all aware of the problems that are arising out of accidents arising out of problems with the energy sector, transformers and so on. These are captured here in full including the jurisdiction and innovation which I support it in its entirety

Let me go Baringo County, Naivasha and other parts of Nakuru County. These places are famous for water geysers which are a tourist attraction site but we have not fully exploited it. It is a tourist attraction. Why we have not exploited these geysers for purposes of reticulation of energy or source of energy, is something that this country should not be proud of.

power from our neighbours. I am not sure up to what extent Kenya is self-sufficient in terms of energy. This is also a source of income for our neighbours. We take pride in the dams that we create like the Masinga Dam and others. We must assess whether or not this is one of those avenues that this country and the Government must put a lot of emphasis in terms of ensuring that we can get cheap energy.

I insist that we had the Agrarian Revolution and now we have the revolution of energy. Energy can be available to do the simplest of things. If this country must achieve Vision 2030 in terms of industry – that is where we lack – we are soon rather than later, because of the cost of energy, going to import everything. We will import toothpastes, tooth brushes, clothes, the water we drink, beds and bedsheets that we sleep on and everything. This is because the cost of doing business in this country is too high and we must say so. A Bill like this that does not provide cushioning for industries in terms of energy so that they are able to generate income and, therefore, have tax holidays, will not be in the best interest of this Republic.

Mr. Temporary Speaker, Sir, Kitui County takes pride in the coal deposits. Those deposits have not been exploited for various reasons. Partly is because of corruption, disagreements and misunderstandings between various players in the sector. However, the bottom line is that Kitui County is one of those counties that are recognised under the policy of marginalization by the Commission on Revenue Allocation as one that should benefit from the Equalization Fund because it is marginalized. Yet, one of those items that Kitui County must get as a marginalized county or area as defined in Article 204 is energy, and yet it has possibly the largest deposits of coal.

Strictly speaking, Kitui County ought to generate income, but first, generate power for themselves and then export to neighbouring counties like Makueni, where half of it shuts down when the sun goes down. It is now 50 years after Independence, there are people who still think that switching on electricity is a miracle in the Bible.

If we exploit the proposals in this Bill and activate the fund that is particularly put here for rural electrification and help counties in terms of electricity generation ---If there was one particular section of the functions of county governments where we should allow counties to enter into public-private partnerships, it is the function of distributing or providing energy to our people.

Mr. Temporary Speaker, Sir, the Fifth Schedule has a very interesting Clause – distribution of functions between national and county governments, as an extension of Section 250. I must say that for the first time – that is why I am saying that we have come a long way as Parliament – we have legislated that both national and county governments must have an energy policy plan. Therefore, county governments should be advised that when they do the next County Integrated Development Plans (CIDPs), this law requires that they will have a plan on how they can generate electricity.

In the Fifth Schedule, Section 250 of this Bill, we have provided a nice way of how counties and the national Government must work together. This is because if there is one of those things that the national Government ought to cede ground in terms of providing capacity, formula and resource, it is the function of energy. Therefore, I am happy to support this Bill. I think that the Committee should expedite the Bill so that it

Mr. Temporary Speaker, Sir, I don’t know whether I am supposed to refer to the Senate Majority Leader, as my older brother now that he has referred to me as his younger brother.

I rise to support The Energy Bill (National Assembly Bill No.50 of 2015) which is quite large and contains several matters. Just as the Senate Majority Leader said, it is important that the Committee scrutinizes this Bill particularly on functions of counties. I am very impressed and I must say that we are making progress as Parliament in terms of drafting laws that concern county governments. This is because the drafters of this Bill did not hesitate to mention not only in text, but also involving the Council of Governors in the new proposed Energy Regulation Commission set up under clause nine of the Bill.

Mr. Temporary Speaker, Sir, let me start by observing that this is a very important Bill. In a very innovative and systematic way, it brings across the various sectors and tries to create order by mainly creating various regulatory bodies. For example, starting with a commission that has quite a bit of power to ensure that there is order in the sector. It looks at issues like licences and, indeed, also co-opts the role of county governments to ensure that it is done in a proper way. This Energy Bill is critical because I think it will bring order. Therefore, I stand to support it.

Let me highlight some of the critical issues which might be important as we think and debate this Bill. The first is that the Cabinet Secretary will develop and publish a National Energy Policy, which is critical. I think many times we move on very quickly to make legislative proposals without looking at the general policy framework. I was really happy when I looked at this Bill and saw that there has to be a published energy policy.

Better still, this policy in terms of the implementation and its upkeep, will be through a report that will be shared annually to Parliament, three months before the end of the year. So, this annual published report will also give direction as to how far the implementation of a policy has gone. I think that is a good idea as well because it helps us to link theory and the actual thing. So, policy being theory and the actual implementation to see how far it will go.

The Cabinet Secretary will also develop, publish and review an energy plan in respect to the midstream and downstream petroleum, coal, renewable energy and electricity to ensure reliable energy services. Apart from having a general national plan that will be critical, as Sen. Mutula Kilonzo Jnr. Said, this plan will be cascaded. Again, if you look at the areas which it touches on like the key energy resources like coal and electricity, we have a lot of reserve for renewable energy that can be utilized. With the right policy and drive from the Cabinet Secretary, we should be able to get that.

Mr. Temporary Speaker, Sir, it is also expected that County Energy Plans should be made and subjected to the Cabinet Secretary. I think these plans need to be cascaded. To avoid disorder in this sector, it will be important that maybe we start with the bigger policy which is the national plan and then move to the county plans but also give guidelines so that those county plans are directly cascaded from the main national plan.

contradictions.

It makes it easy and possible for cascading, implementation and for those plans to take place. Indeed, we should look at the County Integrated Development Plans (CIDPs). It is also important that we empower the county assemblies especially the Committees that deal with natural resources so that they are able to do proper mapping of the resources that they have within their counties. After they have done the mapping, they should try to find a status quo report of how far they have gone in terms of exploitation of those resources. It will be unfortunate if we leave out the MCAs and members of the communities in this process. They should be part and parcel of those specific plans.

Under various Government obligations, one obligation that is critical is that, at the end of the day, we should provide affordable energy services. Long gone are the days when people were in darkness in some of the regions while others were enjoying the light. We have the bright light theory where people come to town to enjoy the light. Later on, in the Bill, there is emphasis on rural electrification and processes to ensure that it becomes real.

There has been progress of up to 20 per cent of work in the rural areas but we still have other rural areas that have a problem in installing electricity. It does not take rocket scientist to decipher the co-relation between certain energy sources being affordable and available and development. We will have problems if we are not able to quickly use the energy, the light, factories and manufacturing to catapult ourselves into development. This will mean ensuring that the manufacturing sector is taken care of. It will also ensure that we go into a more mechanized agricultural system in the areas.

Once we are able to put these all together, we will see the changes that have taken place just like in the introduction of technology in agriculture which has an implication on food security. It has an implication for general development and the way forward. Having affordable energy services spread as evenly and as equally as possible is something encouraging so that we do not have certain areas and regions moving faster than others.

This Bill also establishes a regulatory commission which will regulate the generation, importation and the distribution of various resources including crude oil and other energy resources. That particular commission will protect the interests of consumers, investors and other stakeholders. They have to be taken care of so that the interests of the people who are investing or consuming are known and are well articulated.

It also aims to develop guidelines and applicable treaties, conventions and protocols affecting the energy sector in consultation with statutory authorities, except those relating to nuclear energy. The part of ensuring that all these provisions and guidelines are given within a framework of the treaties and conventions that exists is critical. There is the issue of ensuring that a level of coordination exists so that as we implement national energy, there is a sense of efficiency, conservation and the action plan. I have also talked about bringing in the various stake holders for the various considerations and deliberations.

Standards (KEBS), that only energy and cost effective appliances and equipment are imported into the country. This will protect the citizens so that they are not exploited. The person who will take charge of this sector should not bring in equipment that is expensive which Kenyans will use and end up spending more money at the end of the day, than they ought to. A lot of work needs to be done at the KEBS to ensure that it happens in such a way that can guide us to a position where we can utilize the energies well.

There is also the creation of an Energy and Petroleum Tribunal. From its composition, it will look at matters arising and put in place a dispute resolution mechanism. The other issue of rural electrification and renewable energy will need to be looked at to oversee and ensure that implementation of rural electrification is done in a progressive way. They should look for additional funds that are needed to ensure that all the renewable energy costs are catered for. This will develop and promote the use of renewable energy and its technology specifically bio gas, bio diesel, bio ethanol, charcoal, fuel, wind, and many others. The Bill covers a broad span of energy sources.

Part 4 deals with renewable energy and targets all exploited and unexploited renewable energy. Apart from the resources that we have, we should look at others that have not been exploited appropriately. That is where we have a weak link. We have the ones that are exploited and we also have many more that have not been exploited appropriately. This needs to happen. We should be able to prepare a renewable energy resource area so that we know from a specific area that the resource will be available.

We should also formulate a national strategy for coordinating research in renewable energy. This is critical because we cannot have an output without the necessary research which equals to funds and expertise. We can team up with the county governments to ensure that the young people in certain areas where there are specific energy resources are equipped right from the beginning. They should take an interest to pursue and go for the right levels of education and be able to conduct that research and feel part and parcel of the community and participate effectively. This Bill also speaks to the aspect of coordinating research in renewable energy which needs to be emphasised on.

Mr. Temporary Speaker, Sir, lastly is the issue of creating a framework for efficient and sustainable production of solar, wind, geothermal and charcoal. There should be a sustainable production of whatever someone is using that can be utilized over and over again because this is a source of livelihood for many people.

As I alluded to earlier, the Bill, at various sections, deals with issuance of licences and compliance for the specific licences. One of the critical issues that I have picked from the Bill is that in areas of issuance of licences, reference is always made to other Acts that are already in existence to ensure that there is no contradiction or criss-crossing of various Acts. Licences are to comply across various Acts. For example, it should not contradict the Health and Safety Act.

The issue of payment of fees for the various licences has been picked, explained and expounded on. Clear policy guidelines have also been put in place in terms of how to go about getting the licences. Also, putting into consideration and remembering the county government’s laws that are already in place to ensure that they are not

Mr. Temporary Speaker, Sir, let me start by observing that this is a very important Bill. In a very innovative and systematic way, it brings across the various sectors and tries to create order by mainly creating various regulatory bodies. For example, starting with a commission that has quite a bit of power to ensure that there is order in the sector. It looks at issues like licences and, indeed, also co-opts the role of county governments to ensure that it is done in a proper way. This Energy Bill is critical because I think it will bring order. Therefore, I stand to support it.

Let me highlight some of the critical issues which might be important as we think and debate this Bill. The first is that the Cabinet Secretary will develop and publish a National Energy Policy, which is critical. I think many times we move on very quickly to make legislative proposals without looking at the general policy framework. I was really happy when I looked at this Bill and saw that there has to be a published energy policy.

Better still, this policy in terms of the implementation and its upkeep, will be through a report that will be shared annually to Parliament, three months before the end of the year. So, this annual published report will also give direction as to how far the implementation of a policy has gone. I think that is a good idea as well because it helps us to link theory and the actual thing. So, policy being theory and the actual implementation to see how far it will go.

The Cabinet Secretary will also develop, publish and review an energy plan in respect to the midstream and downstream petroleum, coal, renewable energy and electricity to ensure reliable energy services. Apart from having a general national plan that will be critical, as Sen. Mutula Kilonzo Jnr. Said, this plan will be cascaded. Again, if you look at the areas which it touches on like the key energy resources like coal and electricity, we have a lot of reserve for renewable energy that can be utilized. With the right policy and drive from the Cabinet Secretary, we should be able to get that.

Mr. Temporary Speaker, Sir, it is also expected that County Energy Plans should be made and subjected to the Cabinet Secretary. I think these plans need to be cascaded. To avoid disorder in this sector, it will be important that maybe we start with the bigger policy which is the national plan and then move to the county plans but also give guidelines so that those county plans are directly cascaded from the main national plan.

Hon. Senators, I now call upon the Mover to reply.

Standards (KEBS), that only energy and cost effective appliances and equipment are imported into the country. This will protect the citizens so that they are not exploited. The person who will take charge of this sector should not bring in equipment that is expensive which Kenyans will use and end up spending more money at the end of the day, than they ought to. A lot of work needs to be done at the KEBS to ensure that it happens in such a way that can guide us to a position where we can utilize the energies well.

There is also the creation of an Energy and Petroleum Tribunal. From its composition, it will look at matters arising and put in place a dispute resolution mechanism. The other issue of rural electrification and renewable energy will need to be looked at to oversee and ensure that implementation of rural electrification is done in a progressive way. They should look for additional funds that are needed to ensure that all the renewable energy costs are catered for. This will develop and promote the use of renewable energy and its technology specifically bio gas, bio diesel, bio ethanol, charcoal, fuel, wind, and many others. The Bill covers a broad span of energy sources.

Part 4 deals with renewable energy and targets all exploited and unexploited renewable energy. Apart from the resources that we have, we should look at others that have not been exploited appropriately. That is where we have a weak link. We have the ones that are exploited and we also have many more that have not been exploited appropriately. This needs to happen. We should be able to prepare a renewable energy resource area so that we know from a specific area that the resource will be available.

We should also formulate a national strategy for coordinating research in renewable energy. This is critical because we cannot have an output without the necessary research which equals to funds and expertise. We can team up with the county governments to ensure that the young people in certain areas where there are specific energy resources are equipped right from the beginning. They should take an interest to pursue and go for the right levels of education and be able to conduct that research and feel part and parcel of the community and participate effectively. This Bill also speaks to the aspect of coordinating research in renewable energy which needs to be emphasised on.

Mr. Temporary Speaker, Sir, lastly is the issue of creating a framework for efficient and sustainable production of solar, wind, geothermal and charcoal. There should be a sustainable production of whatever someone is using that can be utilized over and over again because this is a source of livelihood for many people.

As I alluded to earlier, the Bill, at various sections, deals with issuance of licences and compliance for the specific licences. One of the critical issues that I have picked from the Bill is that in areas of issuance of licences, reference is always made to other Acts that are already in existence to ensure that there is no contradiction or criss-crossing of various Acts. Licences are to comply across various Acts. For example, it should not contradict the Health and Safety Act.

The issue of payment of fees for the various licences has been picked, explained and expounded on. Clear policy guidelines have also been put in place in terms of how to go about getting the licences. Also, putting into consideration and remembering the county government’s laws that are already in place to ensure that they are not

relevant in the various sectors.

Mr. Temporary Speaker, Sir, I want to end by emphasizing what Sen. Mutula Kilonzo Jnr. emphasized as he was seconding this Bill. The involvement of county governments will be critical. Therefore, it is important to think about the strategy for engagement of those counties. If it is a strategy across capacity building, let it begin in advance. This is what the Ministry should think about. If it is capacity in terms of coming up with the right legislation and laws, it becomes critical. In the long run, it will support the success of the Energy Bill.

Mr. Temporary Speaker, Sir, I support.

Hon. Senators, I now call upon the Mover to reply.

those rights specifically can only be enjoyed by the citizens of the Republic of Kenya. For example, the right to run for office is in the Constitution but it is not for every person, it is for every citizen of Kenya. I just wanted to highlight that this is one of the rights that is reserved to citizens of Kenya. Article 35 states:-

Sen. Mutula Kilonzo Jnr., the Majority Leader did not refer to you as his younger brother this time round.

Mr. Temporary Speaker, Sir, I beg to move that The Access to Information Bill (National Assembly Bill No. 36 of 2015) be read a Second Time.

Just like the Energy Bill, this Bill must be enacted by both Houses of Parliament latest, 27th August, 2016. This Bill gives effect to Article 35 of the Constitution of Kenya on access to information. Other than that, it confers on the Commission on Administrative Justice the oversight and enforcement responsibilities with regard to access to information by the people of Kenya.

Mr. Temporary Speaker, Sir, allow me to highlight the ingredients of Article 35 so that we understand what this Bill seeks to do. Article 35 gives the right to access of information to any person. Let me correct myself. It gives this right to every citizen. The choice of the word “citizen” is very deliberate. I was a professor of international law, especially human rights law. Sometimes in the Constitution or the bill of rights reference is made to “every person.” In other places, the same Bill of rights makes reference to “every citizen.” It is because there are certain rights that can be enjoyed by any person; natural or juridical person. Juridical person is like a corporation or company which is a person in law.

On a point of order, Mr. Temporary Speaker, Sir. I appreciate the brilliance of Sen. Mutula Kilonzo Jnr. but I also accept that he has submitted that he was not fortunate to have been taught by myself. Is it in order for Sen. Mutula Kilonzo Jnr. to mislead this House and Kenyans that rights are absolute? The inalienability of rights, which he is alluding to, the inherency of rights, is subject to the nature of the right. It is in this connection that some rights are derogable such as the right to access information. Some other rights like the right to freedom from torture are non-derogable. You cannot say there is a justification to torture someone. However, access to information, assembly, association are derogable rights, I know what I am talking about.

Sen. Mutula Kilonzo Jnr., the Majority Leader did not refer to you as his younger brother this time round.

Mr. Speaker, Sir, we are actually age mates though I look younger than him.

From the beginning, I wish to state that this Bill in its entirety, all folds, all sections, was developed by the Information Communication and Technology Committee of the Senate, though for some reasons it found its way to the National Assembly. I was telling my Chairman that his Bill is now on the floor. Some of these things at times disappoint me, but I am learning through the Senate that I should practice my Christianity a little more.

I want to correct an impression created by the Senate Majority Leader. Chapter Four which is the Bill of Rights which this Bill comes under is one of those very fundamental chapters. If there is victory of this Constitution other than Chapter Four and Chapter Eleven which is on Devolution, there is no other. This is what they taught us about the Bill of Rights, though I do not know what would have happened if the Senate Majority Leader was my teacher.

The Bill of Rights, like fundamental freedoms, is inalienable. You are born and you have it, it is not given. It is not granted, it is inalienable. It is like your hair.

What is your point of order, the Senate Majority Leader?

and determine applications for redress of a denial, violation or infringement of, or a threat to”. You actually do not need to violate it. If I suspect that you are about to threaten my right of information, I have a right to go to the High Court. If you threaten my right to picket and demonstrate, not stop but threaten it, I have a right to go to the High Court and seek an order to enforce that right. Kenyans must clap for themselves for passing a very progressive Constitution.

I am happy to be seconding this Bill because gone are the days when somebody would be fired from the Civil Service and they send you home with a one liner stating: “You are hereby dismissed.” They do not tell you why or give you the verdict and they do not care. Similarly, when they deny you your pay, again they write a one-line statement stating that your appeal is hereby denied and you are free to leave.

This Act will not allow that. Gone are the days that people were not entitled to information. A person will be entitled to the reason why they are denied information. They may want to know under what basis you made that decision and the procedure is clearly stipulated here. It enforces a law that we passed here which did not find any objections at the National Assembly. It is called The Fair Administrative Action Act which is in line with Article 47 of the Constitution. If a person requests for information, he or she should be given unless that information is prohibited under Clause 6.

Mr. Temporary Speaker, Sir, there is a condition here and I want to highlight it. It says that that information shall not be given to you unless it can cause substantial harm to the ability of the Government to manage the economy of Kenya. When this Bill comes for Second Reading and public participation, I will recommend to my committee that this is extremely ambiguous. If Kenyans wanted to know about, for example, the famous or infamous scandal on Eurobond and then somebody tells them that that information cannot be given because it will cause substantial harm to the Government to manage the economy, that cannot be a condition to deny information. Clause 6 of this Bill gives an exception and conditions.

Mr. Temporary Speaker, Sir, this Bill is interesting. That is why it was developed in my committee. Despite anything contained above, the conditions I have said regarding foreign relations and security et cetera, a public entity or private body may be required to disclose information where the public interest in disclosure outweighs the harm to protect interest as shall be determined by the court. So, the law has opened a small window. Where the national Government says it will not give a person information or documents on Eurobond, the court, under Article 165, can interrogate and ask the fundamental question whether the public good outweighs what is a limiting condition in this Bill. This is a beautiful legislation. It goes ahead in Clause 6(6)(a) on Page 15 to give those conditions.

Mr. Temporary Speaker, Sir, the law requires that 30 per cent of budgets be given to the groups represented by Sen. Kanainza and others. These are Persons with Disability (PWDs), the youth and women. If you go to our county governments and ask which PWDs, youth or women have been given contracts, chances are that that information is

persons who compose the youth.

From some of the petitions we are dealing with in the Senate, we know that there are what we call phantoms of companies created. They claim to give the youth affirmative action yet they are just surrogates of Members of County Assemblies (MCAs) and particularly our governors. I want to tell them that on signing of this Bill, the old will be gone, the new will come and they will be exposed. It will be like hanging your clothes out there for everybody to see. Therefore, this Bill will also implement part of Article 201 of the Constitution on accountability. While we demand the right of accountability, that right cannot be granted unless the information is available.

Mr. Temporary Speaker, Sir, this is a point to note. The term of the Commission on Administrative Justice, otherwise known as Office of the Ombudsman, will end sometime next year. Under this Bill, it is contemplated that the Commission on Administrative Justice, under Sections 54 and 55, would transit to the Kenya Human Rights Commission (KHRC). By the time this Bill comes back for Third Reading, we would have provided the Committee on Information and Technology a method of transition, so that we do not have a gap by the time the Ombudsman exits and the KHRC enters.

Ideally, it is important to note that the public and our agencies must understand that the Commission on Administrative Justice is the enforcer where you refuse to disclose information. Otherwise, this law will grant a direct access to information to the citizens upon request.

The Commission will come in to enforce or review decisions of any person who does not do so. It will most likely provide sanctions to public officers who violate this law at the first instance even before a person can go to court. That is the only way we can ensure that the system of going to court or litigation does not in itself create an inhibition to the right to access information because we know that our court system can somehow, for some strange reasons, be a letdown in terms of how we determine these issues.

Mr. Temporary Speaker, Sir, Part Four is about conferment on the commission, oversight, enforcement of functions and various other methods of when you get the information, who will give you the information, penalties, reporting and other laws that will need to be amended such as The Statutory Instruments Act and The Interpretation and General Provisions Act. Whereas Article 2(5) states that international law shall form part of the law of Kenya, the change of rules of international law are specified.

Article 2(6) of the Constitution states that any treaty and conventions ratified by Kenya shall form part of the law of Kenya.

Mr. Temporary Speaker, Sir, the problem is that with teaching, every time you go to class you carry a marking scheme before you set an exam. I was talking about the principle of fundamental rights, even before I get to the exceptions. This is because the principle of a fundamental right is that it is inherent. It is like a right to life, to speak or to walk. That right is granted to you, it is unalienable.

Regarding the rights of information, unknown to Sen. (Prof.) Kindiki, when the national Government refused to disclose about the attack of our soldiers in Somali, a video was circulated in the internet giving graphic details of how our soldiers were butchered. When the Senate Majority Leader says that the opposition was demanding the information, I am simply saying that in this arena of information, even when the national Government denies that information to Kenyans, somebody somewhere will disclose it. That video is in circulation and it paints a very bad picture about the national Government and why it did not want to disclose what truly happened to our sons who we sent to Somalia.

The Senate Majority Leader was referring to the right to picket and demonstrate under Article 37 in reference to my Coalition and that of Sen. (Dr.) Zani, the CORD. He said that the right to demonstrate and picket can only be limited under Article 25 by a law. If you are going to limit the right of information here under Article 35, you then draft a law. I was then going to tell him, in his good teachings, that there is no law to stop the right to picket and demonstrate in this Republic. Mheshimiwa Nkaissery is not a law. There is no law. So you cannot claim: “I have banned it and there is a law.” They have charged Sen. (Dr.) Khalwale with violation of a non-existent law.

There is this word that is coined about Serikali but it is Sirikali. That Sirikali is about information. We have made tremendous strides in the right to information. This is one of those Bills that will put Government agencies and institutions to absolute check and this is the reason - you look worried, Mr. Temporary Speaker, Sir - the Bill of rights applies to all law and binds all state organs and all persons. That is Article 20 which is the application. What about implementation? When I talk about Article 21, I need to read it again to the people who are managing our security so that they understand. It states:-

“It is the fundamental duty of the state, national government and every state organ to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights. “ That obligation is on the state. So the obligation of the right to demonstrate and picket must be promoted by the state, not hindered by the state. They should find a method. I would have preferred if the national Government would have found out through our good Attorney-General, the Professor, a method or a legal framework which would define how one pickets and demonstrates like they do in Europe and China. These fundamental rights are absolutely guarded. This chapter is important and I want to go to Article 23, so that when the CORD goes to court, about their right to picket and demonstrate, similarly, the person who will infringe this right of information under Article 35 will have to deal with the High Court. This is a very fundamental Clause. It states:-

and determine applications for redress of a denial, violation or infringement of, or a threat to”. You actually do not need to violate it. If I suspect that you are about to threaten my right of information, I have a right to go to the High Court. If you threaten my right to picket and demonstrate, not stop but threaten it, I have a right to go to the High Court and seek an order to enforce that right. Kenyans must clap for themselves for passing a very progressive Constitution.

I am happy to be seconding this Bill because gone are the days when somebody would be fired from the Civil Service and they send you home with a one liner stating: “You are hereby dismissed.” They do not tell you why or give you the verdict and they do not care. Similarly, when they deny you your pay, again they write a one-line statement stating that your appeal is hereby denied and you are free to leave.

This Act will not allow that. Gone are the days that people were not entitled to information. A person will be entitled to the reason why they are denied information. They may want to know under what basis you made that decision and the procedure is clearly stipulated here. It enforces a law that we passed here which did not find any objections at the National Assembly. It is called The Fair Administrative Action Act which is in line with Article 47 of the Constitution. If a person requests for information, he or she should be given unless that information is prohibited under Clause 6.

Mr. Temporary Speaker, Sir, there is a condition here and I want to highlight it. It says that that information shall not be given to you unless it can cause substantial harm to the ability of the Government to manage the economy of Kenya. When this Bill comes for Second Reading and public participation, I will recommend to my committee that this is extremely ambiguous. If Kenyans wanted to know about, for example, the famous or infamous scandal on Eurobond and then somebody tells them that that information cannot be given because it will cause substantial harm to the Government to manage the economy, that cannot be a condition to deny information. Clause 6 of this Bill gives an exception and conditions.

Mr. Temporary Speaker, Sir, this Bill is interesting. That is why it was developed in my committee. Despite anything contained above, the conditions I have said regarding foreign relations and security et cetera, a public entity or private body may be required to disclose information where the public interest in disclosure outweighs the harm to protect interest as shall be determined by the court. So, the law has opened a small window. Where the national Government says it will not give a person information or documents on Eurobond, the court, under Article 165, can interrogate and ask the fundamental question whether the public good outweighs what is a limiting condition in this Bill. This is a beautiful legislation. It goes ahead in Clause 6(6)(a) on Page 15 to give those conditions.

Mr. Temporary Speaker, Sir, the law requires that 30 per cent of budgets be given to the groups represented by Sen. Kanainza and others. These are Persons with Disability (PWDs), the youth and women. If you go to our county governments and ask which PWDs, youth or women have been given contracts, chances are that that information is

Thank you Mr. Temporary Speaker, Sir. I like it when you are chairing since you call out all my names.

The freedoms that this Constitution has given us cannot be taken away even as the Government in office wishes to do so. When people have a right to picket, this is their right. Preliminary to the right to picket, various engagements were made. Our Coalition, the Coalition for Reforms and Democracy (CORD) was very clear about seeking dialogue. This is part of information sharing that we are talking about.

Electoral and Boundaries Commission (IEBC) – that there is no person in Kenya who can demand for that information? They insist that it must come through the Committee on Legal Affairs and Human Rights led by Mheshimiwa Abraham Chepkonga but none of us has that information.

If this Bill is signed, any person, including our good Chania seated here with us, will have a right to go to the Ethics and Anti-Corruption Commission (EACC) and tell them that they want to have the information on “Chickengate”. Therefore, I feel proud as a Kenyan today to say that the old manners of hiding information in cabinets, calling the Serikali and pretending that information is somehow against national interest will be no more. It will be the end of that era of doing things behind dark curtains and corridors. It will be the end of hiding and keeping Kenyans in the dark. It will be the end of switching off television and live broadcasts so that Kenyans do not know what is happening. That era will be gone.

Thank you, Mr. Temporary Speaker, Sir. I beg to second.

Hon. Senators, I now wish to propose the question.

Sen. (Dr.) Agnes Philomena Zani, you may proceed.

Mr. Temporary Speaker, Sir, if the wise Sen. Sang, who has just walked in, took a bit of time to listen to my argument and understand what I was talking about, he would have not raised that point of order. I was actually going through historical trajectory before the demonstrations. If you remember well, our part of the Coalition called for dialogue at that time and even much earlier on. Even before we come to the question you are raising now about the form of dialogue, which is still under contention, we have to seek consensus while trying to get to the point of how that dialogue will happen. The preliminary point was the earlier dialogue that we sought for.

Picketing is allowed in the Constitution whether we like it or not. We have made provisions, as a Coalition that we picket in the most peaceful manner. We, as a Coalition, have made a point, to be sure to communicate what we are picketing about. We are talking about an important institution, the Independent Electoral and Boundaries Commission (IEBC). We do not want to find ourselves in 2017 with an institution that is lacking in capacity.

Having an IEBC that has not been institutionalized in terms of capacity to handle an election will create other problems. This should be something clear and nothing to be protective about--

What is your point of order Sen. Sang’?

On a point of order, Mr. Temporary Speaker, Sir. Did you hear Sen. (Dr.) Zani indicate that the Jubilee Coalition has refused to engage through dialogue? The true position is that the Jubilee Coalition believes in dialogue and that we have all along been willing to dialogue. The only position that we took was that the dialogue needs to be within the legal framework provided by the Constitution. Is Sen. (Dr.) Zani professing that dialogue only means dialogue outside the Constitution and that dialogue within the structures provided in the Constitution is not considered by the other side of the Coalition as dialogue?

Mr. Temporary Speaker, Sir, if the wise Sen. Sang, who has just walked in, took a bit of time to listen to my argument and understand what I was talking about, he would have not raised that point of order. I was actually going through historical trajectory before the demonstrations. If you remember well, our part of the Coalition called for dialogue at that time and even much earlier on. Even before we come to the question you are raising now about the form of dialogue, which is still under contention, we have to seek consensus while trying to get to the point of how that dialogue will happen. The preliminary point was the earlier dialogue that we sought for.

Picketing is allowed in the Constitution whether we like it or not. We have made provisions, as a Coalition that we picket in the most peaceful manner. We, as a Coalition, have made a point, to be sure to communicate what we are picketing about. We are talking about an important institution, the Independent Electoral and Boundaries Commission (IEBC). We do not want to find ourselves in 2017 with an institution that is lacking in capacity.

Having an IEBC that has not been institutionalized in terms of capacity to handle an election will create other problems. This should be something clear and nothing to be protective about--

What is it Sen. Sang?

On a point of order, Mr. Temporary Speaker, Sir. I respect the Professor, Sen. (Dr.) Zani, and agree with her when she says that the issue of IEBC is a straight forward matter. However, every aspect on how to deal with the IEBC issues is clearly provided for in the Constitution. This includes how to constitute, reconstitute, disband and hand issues of IEBC. This is the position we have all stood for on our side of the Coalition.

Is she in order to purport sharing that information with me when it is actually her side of the Coalition that needs that information? It is quite straight forward and is a matter that we can sort out within the existing structures.

Mr. Temporary Speaker, Sir, I like when Sen. Sang is annoyed because he also promotes my credentials by giving me tiles such as Professor that I do not have although I am hopeful that he is praying for that, as he acknowledges the potential that I have.

It is interesting when we are talking about the Constitution. Every time we have a debate in this country we need to take it to the next progressive level. We cannot stay at one particular point given the fact, Sen. Sang, that there are other decisions that have been made against the same provisions, starting with the latest on the appointment of two people of the same gender to a public institution which you are aware of. Additionally, the provisions that were in the Ethics an Anti-Corruption Commission (EACC) , that were not as per the Constitution. Let us call a spade a spade. Let us not run to the Constitution when it is valid to do so.

What we are saying is that we need dialogue and we need it today and now. We need to get some level of sober-headedness and say that we do not need to have a situation where we are going to have this country go up in flames because we do not want to use the same information we are talking about, the same freedoms that are in the

Mr. Temporary Speaker, Sir, in replying, I want to thank colleagues for their contributions. I hope the Committee will give us good feedback when we go to the Committee of the Whole.

I agree with the last point by Sen. Kanainza. We have had cases of plagiarism. From my background in academia, the biggest sin in intellectual life is plagiarism; theft of ideas where somebody purports that the ideas of another person belong to them. I hope that we will address this as requested.

Mr. Temporary Speaker, Sir, with those remarks I beg to move. Similarly, under Standing Order No. 54 (3) and given the numbers, I request that you direct that the putting of the question be deferred to next week.

I defer putting of the question.

It was clear from the Senate Majority Leader that the Bill had initially been drafted by this House. I do not know whether we are trying to accuse the National Assembly Majority Leader.

Next Order!

Second Reading

No, Mr. Temporary Speaker, Sir.

I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, in replying, I want to thank colleagues for their contributions. I hope the Committee will give us good feedback when we go to the Committee of the Whole.

I agree with the last point by Sen. Kanainza. We have had cases of plagiarism. From my background in academia, the biggest sin in intellectual life is plagiarism; theft of ideas where somebody purports that the ideas of another person belong to them. I hope that we will address this as requested.

Mr. Temporary Speaker, Sir, with those remarks I beg to move. Similarly, under Standing Order No. 54 (3) and given the numbers, I request that you direct that the putting of the question be deferred to next week.

knowledge of, biodiversity and the genetic resources of the communities”

Article 69(1) (e) states also that:- “The State shall protect genetic resources and biological diversity.” There is already an existing law called the Seeds and Plant Varieties Act which is Cap. 326 of the laws of Kenya.

The principal Act talks about protection of seeds and plant varieties as intellectual property. The Article that I have read in the Constitution requires that we align the already existing law with the new Constitution by ensuring that the State takes measures to protect genetic material, biological diversity and the intellectual property rights associated with seeds and plant varieties.

Mr. Temporary Speaker, Sir, allow me to state three points to show why we need this Bill. There is intellectual property much of which is held in traditional knowledge regarding seeds and plant materials. I gave examples here the other day. Farmers all over the world, especially in traditional communities including in our country, have always known the right seeds to plant depending on the rainy season. Some of this information is held by communities but is not protected in law.

Sometimes, a farmer in Busia or Kathonzweni will tell you the way a particular season appears; for example, if the rains will be shorter than the normal rains and if a particular type of seed is the right one to plant. When it comes to plant varieties, traditional medicinal people in many of our communities have a lot of knowledge which is not protected by law; it is stolen. We know that there is a lot of wealth associated with plant and plant material, what in other words the Constitution is calling biological diversity. I already spoke about plant material when I was moving another Bill earlier this week. Plant material is the basis upon which the pharmaceutical industry is built. The empire called the pharmaceutical is actually plant material.

In our country, especially among the traditional communities, the knowledge they have about the pharmaceutical or herbal values of plants is not protected by law. We need to protect it even if we do not have the capacity. There must be some appreciation that companies that extract these materials and use it for commercial purposes compensate our country and the communities where this knowledge is held.

What does this Bill do? It amends the Principle Act, first and foremost to bring a few more definitions but more importantly, it creates what is referred to as a Plant Genetic Resources Centre for Food and Agriculture.

Secondly, other than the centre, it establishes a Committee to be known as the Plant Genetic Resources Committee for Food and Agriculture. Thirdly, it establishes a centre to be known as the centre.

I am sorry those are the two. It is the Centre and the Committee. Then it goes to say that the governance of the centre will be through a director who will be appointed through the Plant Genetic Resource Advisory Committee. So, there are three institutions which are being established here to give effect to the seeds and plants varieties act.

The first institution is the Centre which is the Plant Genetic Resources Centre for Food and Agriculture. The second institution is the Committee which is the Plant Genetic Resources Committee for Food and Agriculture. The third institution is the Plant Genetic Resources Advisory Committee which will govern the operations of the Centre.

that the State shall take measures to ensure that biological diversity, intellectual property relating to seeds, plant and animal material are protected. It is one thing for the Constitution to say that traditional knowledge and intellectual property around biological diversity is protected but it is another for the operationalization of that protection. In that connection, we need a centre where this material can be analyzed, registered and protected. Secondly, you need a Committee to manage the running of that centre. Finally, you need an advisory body to advise the secretariat of that Committee.

Therefore, it is a very straightforward Bill. I do not want to say more than I have done. It is a one pager just to create those three institutions but on a very important area; very scientific and sophisticated are.

This is where the future of the country is going. We have relied on agriculture and traditional things like tourism for a long time. Time has come for us to rely on intellectual property. In fact, if I were asked to summarize the difference between the developed world and the developing country; on one hand, the developing countries are based on sectors that only deal with raw materials; on the other hand, the developed world is based on knowledge, intellectual property, technology and science.

Mr. Temporary Speaker, Sir, this is the future of our country. It is a small Bill. It amends the Act which I have talked about to align it with the Constitution. I see no reason why we should not pass it when the time comes. Nevertheless, when the Committee looks at it, if they want to improve on this amendment, those comments will be welcome.

Mr. Temporary Speaker, Sir, with those remarks, I beg to move. I request my Seconder for the day, the Senator for Makueni, Sen. Mutula Kilonzo Jnr. to second.

Mr. Temporary Speaker, Sir, I rise to support this Bill. At first instance, I have been trying to go through the main Act. Unless the Senate Majority Leader can confirm, I am not sure that this is a legislation arising out of the Bills that were done before the new Constitution.

In fact, when I look at the definitions, it appears as if the Committee on Agriculture, Livestock and Fisheries which this Bill will be referred to, should look at the definitions that appear on Clause 2. When I read the Long Title of the seeds and plant varieties, unless there is another Act that is not with us; those definitions do not seem to be appearing there.

However, I have only looked at this. From my reading of the Constitution, I said that this Bill does not appear to be a Bill that was passed under the new Constitution. In fact, at the heading, it says that it commenced on 1st January, 1975. This Bill has only been amended three times; No.1 of 1972, No.2 of 2002 and No.53 of 2012. Under Schedule 4, the function of agriculture which includes crop and animal husbandry in Part 2 is a function of county government.

Therefore, it is my plea to the Committee on Agriculture, Livestock and Fisheries, led by Senator, the King of Meru to interrogate this Bill in its entirety so that if there are portions where in these sections - committees that are begin set up - because my understanding is that this appears to be very cosmetic changes or few changes but if there is a place where we can find a home for the county governments and their institutions,

information on plant names, seeds, varieties et cetera. This information would benefit our counties in immense terms.

Therefore, we should find a method of putting in a “county” where there is “national” so that as we amend this law in terms of the proposal to have a genetic resource or where we have included the definition that plant genetic resources for food and agriculture means a genetic material or plant origin of actual or potential value for food and agriculture including indigenous seasoned plant varieties, we must say that this definition alone affects counties. Therefore, as I said before, we must find a home for the county governments in this Act. I have not found any method whatsoever.

Everything I have read here reads “national” Government, Cabinet Secretary et cetera. Similarly, this is the case with the Centre of Plant Genetic Resources Centre for Food and Agriculture. I mentioned that animal and crop husbandry finds itself home with county governments. I believe they should be involved.

The newly established Plant Genetic Resource Centre for Food and Agriculture which shall be responsible for the conservation and sustainable utilization of plant genetic resources for food and agriculture including indigenous seeds and plant varieties in Kenya, tells you that we need some substantive – although I do not know whether this will be the opportunity but I think the Committee on Agriculture, Livestock and Fisheries led by the Senator for Meru should find a method how some of these things that are proposed here which are very unique, noble, new in our agriculture and have not be there in the past can be integrated into our county.

In the previous Bill, we stated that county governments must integrate energy planning in their plans and policies. In terms of the mandate of this Senate, we should insist that that the proposals in this amendment Bill resonate into the planning in county governments because they are proposing new things that were not there prior to this or done at the county level.

The resource center has been deleted and substituted with a Plant Genetic Resource Committee. I am happy because there is another Bill that is coming from the National Assembly that sort of touches on what they call Genetically Modified Organisms (GMOs) and other substances.

I will make submissions that there is a portion where the persons who are doing research in Kenya, in terms of transfer of research between a scientist and another in Kenya has been impeded by virtue of a Schedule that appears in a Bill that is before us, that suggests that, before you can, for example, transfer material such as a mushrrom that you have collected in Kajiado to Mutiso who is at a laboratory in Machakos, you will require the approval of Parliament. While we do so, I hope that we will not pass this Bill in a hurry and forget that our mandate is to consider county governments.

Mr. Temporary Speaker, Sir, with those remarks, I beg to support.

that the State shall take measures to ensure that biological diversity, intellectual property relating to seeds, plant and animal material are protected. It is one thing for the Constitution to say that traditional knowledge and intellectual property around biological diversity is protected but it is another for the operationalization of that protection. In that connection, we need a centre where this material can be analyzed, registered and protected. Secondly, you need a Committee to manage the running of that centre. Finally, you need an advisory body to advise the secretariat of that Committee.

Therefore, it is a very straightforward Bill. I do not want to say more than I have done. It is a one pager just to create those three institutions but on a very important area; very scientific and sophisticated are.

This is where the future of the country is going. We have relied on agriculture and traditional things like tourism for a long time. Time has come for us to rely on intellectual property. In fact, if I were asked to summarize the difference between the developed world and the developing country; on one hand, the developing countries are based on sectors that only deal with raw materials; on the other hand, the developed world is based on knowledge, intellectual property, technology and science.

Mr. Temporary Speaker, Sir, this is the future of our country. It is a small Bill. It amends the Act which I have talked about to align it with the Constitution. I see no reason why we should not pass it when the time comes. Nevertheless, when the Committee looks at it, if they want to improve on this amendment, those comments will be welcome.

Mr. Temporary Speaker, Sir, with those remarks, I beg to move. I request my Seconder for the day, the Senator for Makueni, Sen. Mutula Kilonzo Jnr. to second.

Mr. Temporary Speaker, Sir, looking at Article 69 of the Constitution, which the Senate Majority Leader read, I wish to make reference to part (c) and (e) which state as follows:-

information on plant names, seeds, varieties et cetera. This information would benefit our counties in immense terms.

Therefore, we should find a method of putting in a “county” where there is “national” so that as we amend this law in terms of the proposal to have a genetic resource or where we have included the definition that plant genetic resources for food and agriculture means a genetic material or plant origin of actual or potential value for food and agriculture including indigenous seasoned plant varieties, we must say that this definition alone affects counties. Therefore, as I said before, we must find a home for the county governments in this Act. I have not found any method whatsoever.

Everything I have read here reads “national” Government, Cabinet Secretary et cetera. Similarly, this is the case with the Centre of Plant Genetic Resources Centre for Food and Agriculture. I mentioned that animal and crop husbandry finds itself home with county governments. I believe they should be involved.

The newly established Plant Genetic Resource Centre for Food and Agriculture which shall be responsible for the conservation and sustainable utilization of plant genetic resources for food and agriculture including indigenous seeds and plant varieties in Kenya, tells you that we need some substantive – although I do not know whether this will be the opportunity but I think the Committee on Agriculture, Livestock and Fisheries led by the Senator for Meru should find a method how some of these things that are proposed here which are very unique, noble, new in our agriculture and have not be there in the past can be integrated into our county.

In the previous Bill, we stated that county governments must integrate energy planning in their plans and policies. In terms of the mandate of this Senate, we should insist that that the proposals in this amendment Bill resonate into the planning in county governments because they are proposing new things that were not there prior to this or done at the county level.

The resource center has been deleted and substituted with a Plant Genetic Resource Committee. I am happy because there is another Bill that is coming from the National Assembly that sort of touches on what they call Genetically Modified Organisms (GMOs) and other substances.

I will make submissions that there is a portion where the persons who are doing research in Kenya, in terms of transfer of research between a scientist and another in Kenya has been impeded by virtue of a Schedule that appears in a Bill that is before us, that suggests that, before you can, for example, transfer material such as a mushrrom that you have collected in Kajiado to Mutiso who is at a laboratory in Machakos, you will require the approval of Parliament. While we do so, I hope that we will not pass this Bill in a hurry and forget that our mandate is to consider county governments.

Mr. Temporary Speaker, Sir, with those remarks, I beg to support.

I will now propose the question.

Mr. Temporary Speaker, Sir, looking at Article 69 of the Constitution, which the Senate Majority Leader read, I wish to make reference to part (c) and (e) which state as follows:-

I now call upon the mover to reply.

Hon. Senators, it is now time to interrupt the business of the Senate. The Senate stands adjourned until Tuesday, 14th June, 2016 at 2.30p.m.

The Senate rose at 6.30p.m.

putting of the question be deferred to next week. I make that request under Standing Order No. 54(3) of the Senate Standing Orders.

Mr. Temporary Speaker Sir, I beg to move.

Hon. Senators, I want to use Standing Order No. 30, that if you look at the remaining time and the business we have, I direct that we defer the putting of this question.

Hon. Senators, it is now time to interrupt the business of the Senate. The Senate stands adjourned until Tuesday, 14th June, 2016 at 2.30p.m.

The Senate rose at 6.30p.m.