Tuesday, 12th March, 2019

Hon. Senators, as you may recall, on 11th October, 2018, the Senator for Wajir County, Sen. (Dr.) Abdullahi Ali, MP, sought a Statement from the Standing Committee on Energy regarding frequent power rationing and power blackouts in Wajir County.

Further, on 6th December, 2018, nominated Senator, Sen. Judith Pareno, MP, sought a Statement from the Standing Committee on Energy regarding vandalism of electricity transformers serving schools and community projects in Kajiado County. The two Statements elicited a lot of interest from Senators.

In order to effectively address concerns raised in the two Statements, the Standing Committee on Energy has invited the Cabinet Secretary, Ministry of Energy, to a meeting of the Committee, to address the matters and any other Statement relating to energy production and supply in Kenya.

All hon. Senators are invited to the meeting of the Standing Committee, scheduled to be held tomorrow, Wednesday, 13th March, 2019 at 11.00 a.m., in the Senate Chamber.

I thank you.

Mr. Deputy Speaker, Sir, I have a long-standing Statement in relation to energy about the Turkana Wind Power. Does it also fall under this category or it will stand on its own and we expect a Statement from my distinguished tycoon colleague from Nyeri County.

Order, Senator! Did you say “tycoon colleague” or “Senator colleague”?

Mr. Deputy Speaker, Sir, I meant what I said.

That neither of you is a Senator; because both of you are tycoons.

Mr. Deputy Speaker, Sir, I expected you to make a ruling on adding unwarranted adjectives onto people’s names especially regarding to hon. Members of this House. We are all equal in all respects, spirit and everything else.

Order, Senators! Sen. Cherargei, would you like to say something?

Mr. Deputy Speaker, Sir, there is a book called Shamba la Wanyama where all animals are equal but sometimes, there are animals which are more equal than others. However, I agree with Sen. (Eng.) Maina that we should be referred to with the names that are known. If we use that sort name like calling Sen. (Eng.) Maina, engineer tycoon, some people can be scared.

If I heard Sen. Wetangula right, although he spoke in an unconventional manner, he alleged that Sen. Cherargei is not equal to Sen. (Eng.) Maina. I, therefore, wanted to hear your comment before I make mine.

What is it, Sen. Linturi?

Mr. Deputy Speaker, Sir, truth be told. Truth is painful, but we must get honest as leaders in this country. Equality is a fallacy. When Sen. Wetangula uses an adjective like ‘tycoon’, I am of the view that he knows what he is saying and he means what he is saying. We all cannot claim to be tycoons in this House. Similarly, we must appreciate what one has done in life when he is alive and tell him that he has done well. It is the same way we cannot be called professors here because we are not professors. If you have climbed the academic ladder and you are referred to as a doctor, let us give you the honour of referring to you as a doctor or professor.

My friend, Sen. (Eng.) Maina, has done well in terms of creating wealth in this country. For that matter, I do not find any problem in referring to him as a tycoon. Only that I do not know whether they are peers with Sen. Wetangula. If they are, then they are

okay communicating to each other that way. However, Sen. Cherargei, you are not at that level. We understand that you are still growing up.

Thank you.

Order, Senators. Sen. Cherargei, I gave you an opportunity to defend yourself and you squandered it. Therefore, that opportunity is gone forever.

Hon. Senators, I can only say that you are free to refer to people’s “titles”. I say that with the word title in quotes. However, the Standing Orders are very clear, that Senators shall refer to each other as Senator so and so.

If you want to add other prefixes and honorifics including Mr., Mrs., Madam, Mzee, Tycoon, Kijana or any other, that is fine so long as that title or honorific is acceptable, especially to the beneficiary or the addressee of the title or honorific. It should not be offensive or used to ridicule a Senator. Even so, using a honorific which is acceptable does not excuse you from referring to that colleague as Senator so and so. Be guided accordingly.

Sen. (Eng.) Maina, I recall Sen. Wetangula, sometime towards the end of the last Session, also brought a very passionate issue of national importance concerning the issues around Lake Turkana Wind Power Project. The question is, because that was a request to your committee and I have just communicated the request of the Standing Committee on Energy, how come this issue has not been addressed? Would you have an explanation why you would not want this Statement to be addressed through that meeting?

Mr. Deputy Speaker, Sir, the subject regarding the question of Sen. Wetangula will be handled as a normal question in this House. That is an agreement between the Speaker, Hon. Lusaka, Sen. Wetangula and I. We had some discussion and agreed that the question will be tackled competently tomorrow afternoon. Therefore, I expect some decorum that once such an agreement has been arrived at, I do not find it in order for my friend to raise it.

Regarding the power shortage in Wajir and the---

Order, Senator! We are not discussing Statements. The Speaker has just communicated that tomorrow the CS for Energy will be available to all interested who will attend as friends of the Committee. The matters in question will be the two Statements; the Statement by Sen. Judy Pareno and the earlier one requested by the Senator for Wajir County.

The issue at hand is whether Sen. Wetangula’s earlier sought Statement will be included. I heard you say that you discussed this with Sen. Wetangula and Speaker Lusaka and agreed on the way forward. Is that the case, Sen. Wetangula?

Mr. Deputy Speaker, Sir, there has been absolutely no discussion or agreement on this matter. What my distinguished friend and colleague did was that he gave me a very scanty answer last week, which I have looked at and is incurably inadequate. I would seek your intervention that this issue which is extremely weighty because it is involving billions of taxpayers’ money that may have gone astray,

be included in those issues that the CS will be able to address. Yours truly will be here promptly to prosecute the question.

To make the record clear, there has been no meeting between me, my colleague and the Speaker. The Speaker only directed that the answer be brought as urgently as is practically possible. As we say, if you can access Jesus, you do not need John the Baptist. If the CS is coming tomorrow, let us deal with him.

Mr. Deputy Speaker, Sir, first of all, there is a point which I would like squared. I want it squared, not from any other person, but from the Speaker himself, hon. Lusaka. This is a matter of integrity---

Order, Sen. (Eng.) Maina! Why is it difficult to invite Sen. Wetangula, who is already invited anyway by virtue of the Speaker’s Communication to attend tomorrow’s meeting and raise the issues he wants to raise? I am sure he is raising them for the sake of the people of Kenya, but not because of his own sake.

Secondly, I can see the communication is clear on the agenda. Nothing prevents an Any Other Business (AOB) being raised even on that issue unless there are things you would want to explain further than that. Sen. (Eng.) Maina, I see no prejudice if Sen. Wetangula attends that meeting and raises that issue as an AOB. Even if it is not addressed substantively, he could even get a commitment by the CS when the substantive issues will be addressed maybe as a way of follow up.

Mr. Deputy Speaker, Sir, this is a matter of integrity. I will get in touch with the Speaker---

Order! Who is lacking integrity here? Whose integrity is at stake? Is it yours? Is it Sen. Wetangula’s? Is it Speaker Lusaka’s or is it mine?

In this respect, Mr. Deputy Speaker, Sir. I made a statement that we agreed with the Speaker and Sen. Wetangula. The Speaker was on the Chair; both of us walked up to him and we agreed. I still stand by that.

Now I can go on---

Order! We are spending too much time on this issue. The thrust of this issue is whether the issue of Lake Turkana Wind Project can be raised either as a substantive issue or AOB in tomorrow’s meeting before the CS. Mr. Chairman, I would like to know whether there is anything prejudicial to the Committee, or to the CS if that matter is addressed tomorrow by Sen. Wetangula.

In my position, I still stand that he can raise the matter as an AOB. However, it will be competently addressed in the House as had been earlier ruled by the Speaker.

Sen. Wetangula, you are free to attend tomorrow’s meeting and raise that issue. However, as the Chairman has said, the manner in which it was directed, the issue be disposed of should also be complied with. If it was directed that there shall be a Report, then it should be there. However, I do not see any prejudice if you attend tomorrow and raise the issue.

Mr. Deputy Speaker, Sir, the record of this House will bear me out. When I raised the issue, more than 10 Members contributed to it, chiding the Chairman for not bringing the answer. The Speaker directed that the answer be brought as urgently as possible. Indeed, subsequent to that, the Chairman brought me what looked like an answer. I even asked him that I go through it, compare with my notes then he can try to answer the question.

Since the CS is coming and the answer is drawn from the CS anyway, it is easier for us to interrogate him on the issue. I do not see any question of integrity coming in here. At no time have I held any meeting with the Speaker and Sen. (Eng.) Maina. We communicated from where I am standing. Sen. Olekina and many Senators spoke and were angry about this issue delaying for that long, including Sen. Hargura from the area where I have asked the question.

Very well. I direct that Sen. Wetangula is free to raise that issue in tomorrow’s meeting as an AOB. It is so ordered.

Next Order!

On a point of order, Mr. Deputy Speaker, Sir. Now that you have ordered that Sen. Wetangula can raise the issue, it is important that we communicate with the CS’s office that, that issue will be raised here tomorrow, so that he comes prepared with the right answers.

Deputy Speaker (Sen. (Prof.) Kindiki) : I direct the Chairman of the Committee communicate to the CS in the very specific and particular words that I have used; that the matter will be raised as an AOB. Just in case there is need to leave a window for further engagement on that issue subsequently as the Chairman has insinuated.

Next Order!

I direct the Chairman of the Committee communicate to the CS in the very specific and particular words that I have used; that the matter will be raised as an AOB. Just in case there is need to leave a window for further engagement on that issue subsequently as the Chairman has insinuated. Next Order!

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the House of the Senate today, Tuesday, 12th March, 2019.

Report of the First Ordinary Session of the Fifth Parliament of the Pan African Parliament held in Kigali Rwanda from 18th October to 3rd November, 2018.

Mr. Deputy Speaker, Sir, I beg to give Notice of the following Motion:-

THAT, this House notes the Reports of the Sixth Ordinary Session of the Fourth Pan African Parliament held in Midrand, South Africa from 7th to 18th May, 2018, laid on the Table of the House on Tuesday, 24th July, 2018; and the First Ordinary Session of the Fifth Parliament of the Pan African Parliament held in Kigali Rwanda from 18th October to 3rd November, 2018, laid on the Table of the House on Tuesday, 12th March, 2019.

Chairperson of the Committee on Tourism, Trade and Industrialization have you noted?

Chairperson of the Committee on Tourism, Trade and Industrialization have you noted?

Mr. Deputy Speaker, Sir, I am a Member of that Committee and I have noted that.

Mr. Deputy Speaker, I rise to seek a Statement from the Standing Committee on Labour and Social Welfare regarding the status of implementation of the Senate Resolution of 18th July, 2018, on the registration of Persons with Disabilities (PWDs) .

Mr. Deputy Speaker, Sir, the House will remember that I moved a Motion on the Registration of PWDs, which was unanimously passed by this House. Therefore, the gist of this Statement is just to know the progress on what the Ministry has done so far.

In the Statement, the Committee should provide:-

Mr. Deputy Speaker, I rise to seek a Statement from the Standing Committee on Labour and Social Welfare regarding the status of implementation of the Senate Resolution of 18th July, 2018, on the registration of Persons with Disabilities (PWDs) .

Mr. Deputy Speaker, Sir, the House will remember that I moved a Motion on the Registration of PWDs, which was unanimously passed by this House. Therefore, the gist of this Statement is just to know the progress on what the Ministry has done so far.

In the Statement, the Committee should provide:-

Where is the Chairperson, Vice Chairperson or a Member of the Committee on Labour and Social Welfare?

Thank you, Mr. Deputy Speaker, Sir. I beg to bring the progress on Thursday.

Well done, Sen. (Dr.) Milgo. Next Statement No. 4(c) by Sen. (Dr.) Zani. She is not in the House. The Statement is deferred.

Well done, Sen. (Dr.) Milgo. Next Statement No. 4(c) by Sen. (Dr.) Zani. She is not in the House. The Statement is deferred.

Thank you, Mr. Deputy Speaker, Sir. Pursuant to Standing Order 48 (1) , I rise to seek a Statement from the Standing Committee on National Security, Defense and Foreign Relations regarding increased drug abuse in Wajir County. In the Statement, the Committee should:-

Order Senator! You are requesting for a Statement.

Thank you, Mr. Deputy Speaker, Sir.

Let us hear from the Chairperson, Vice Chairperson or a Member of the National Security, Defense and Foreign Relations Committee?

Yes, proceed, Sen. Wetangula.

Mr. Deputy Speaker, Sir, I am a member of the Committee and I will convey the request to the Chairperson and hopefully bring the answer in two weeks.

It is so ordered. Statement 4 (e) by Sen. for Wajir County, Sen. (Dr.) Abdullahi Ali.

Order, Sen. Mahamud! Order, Sen. Kasanga.

Consultations should be done, not only in low tones, but gracefully.

Consultations should be done, not only in low tones, but gracefully.

Mr. Deputy Speaker, Sir, pursuant to Standing Order 48 (1) I rise to seek a Statement from the Standing Committee on Education regarding Technical and Vocational Training in Northern Kenya. In the Statement, the Committee should state:-

Very well. Where is the Chairperson of the Committee?

Mr. Deputy Speaker, Sir, it is noted and---

It will be acted on accordingly.

Yes, in two weeks, Mr. Deputy Speaker, Sir.

It is so ordered.

Thank you.

Very well. Sen. Faki, proceed with your Statement under Standing Order 47 (1) .

From what?

From what?

Loud noise in the Chamber.

Order, Senators! Sen. Faki, there can never be noise in the Chamber; there can only be loud consultations.

Loud consultations, Mr. Deputy Speaker, Sir.

Hon. Senators, consult in low tones.

Thank you, Mr. Deputy Speaker, Sir.

Thank you, Mr. Deputy Speaker, Sir.

Thank you, Sen. Faki. Sen. Wetangula, I will give you, maybe and two other Senators, a chance to make very brief comments.

Mr. Deputy Speaker, Sir, I have listened very keenly to what the distinguished Senator for Mombasa County has said. If it is true - and I have no doubt that it is - it is a very serious matter.

The executive in any county is accountable to the assembly in terms of primary oversight, budgeting, approval of budgets and programmes of the county government.

If the county executive of Mombasa is engineering an intimidation of the county assembly, first, my distinguished colleague should tell them that they are engaging in a futile exercise. This is because there is no provision in law for the county executive to dissolve the county assembly.

Secondly, the only provision available is if matters reach a level where the President sets up a Committee, and when they dissolve the county government, both the executive and the assembly will go home. So, they are just undermining themselves.

Mr. Deputy Speaker, Sir, more importantly, I encourage Sen. Faki to arm himself with a few colleague from this House, to go and address the county assembly; encourage them to be firm and steadfast in their oversight work. More importantly, tell them that whatever they do that the county executive does not abide by, they forward to this Senate for further action.

We support you, Sen. Faki, in defending the integrity and independence of the county assembly.

Very well. I can see that the level of interest is very high. Everyone will have only two minutes.

Proceed, Chairperson of the Committee on Devolution and Intergovernmental Relations.

Thank you, Mr. Deputy Speaker, Sir. I add my voice in telling the executive in Mombasa that the county assembly has its own and separate power to oversight the county government. As the Chairperson of the Senate Committee on Devolution and Intergovernmental Relations, I wish to tell my colleague, Sen. Faki, that we will join him and go to Mombasa, so that we can get to the root cause of what is happening there.

I thank you, Mr. Deputy Speaker, Sir.

Well stated, Chairperson, although I expected you to address the House in Kiswahili language, now that we are talking about the County Assembly of Mombasa, which is a Kiswahili speaking region.

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

What is out of order, Sen. Faki?

Mr. Deputy Speaker, Sir, I have heard you say that Kiswahili is the language of Mombasa. It is a national language used in this Senate, the National Assembly and all other places. It is, therefore, the national language in Kenya.

Mr. Deputy Speaker, Sir, I was just clarifying.

Mr. Deputy Speaker, Sir, I was just clarifying.

That is true, but it is also true that Mombasa is a Kiswahili speaking region, generally. That is where it is widely spoken, but it is also true that it is a national language.

Proceed, Sen. Abshiro and make it very briefly.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. I congratulate Sen. Faki for bringing up this matter because I think it is prevalent in many places, where Members of the County Assemblies are intimidated, so to speak, by the executive.

Mr. Deputy Speaker, Sir, if we look at the objects and principles of devolution, first, it is to promote democratic and accountable exercise of power. What is happening around the country and not Mombasa alone is that we are seeing more and more abuse of the principles of devolution. This is where the executive pretty much - and perhaps even what we sometimes see even at the national level – is not being accountable. Every time the legislative arm asks for accountability or exercises its mandate on oversight, then it becomes an exercise of intimidation.

The second one is to enhance checks and balances and the separation of power. If in the Constitution, Parliament has summoning powers that are as good as what our Judges have, then I think we, as this House, must exercise that power to ensure that the integrity of legislature, both at the national and county levels---

Please, summarise.

Mr. Deputy Speaker, Sir, there is a lot I that need to say, but I am willing to support, accompany and make sure accountability is guaranteed both at the national and county levels.

I thank you, Mr. Deputy Speaker, Sir.

Well done. Thank you. Proceed, Sen. Ochillo-Ayacko.

Thank you, Mr. Deputy Speaker, Sir. This level of thuggery is very prevalent and more so, in a county such as Migori. Last week a gang called Sangwenya was transported to the County Assembly of Migori and forcefully evicted Members of the County Assembly, including the Deputy Speaker.

If we do not rise, as a House, to defend devolution and more so, the accountability aspect of it, we are likely to have no institution to assist us in the primary oversight.

I add my voice and support the concerns raised by brother, Sen. Faki, from Mombasa. I encourage us to try and make an example out of rogue county officials, so that this bad behaviour does not take root in our counties.

I thank you, Mr. Deputy Speaker, Sir.

Proceed, Sen. Cheruiyot and make it brief.

executive, especially second term governors, our role of oversighting county governments will be watered down.

I will, therefore, support any move or measure that will be proposed later on as a recourse to this very grave occurrence.

I thank you, Mr. Deputy Speaker, Sir.

executive, especially second term governors, our role of oversighting county governments will be watered down.

I will, therefore, support any move or measure that will be proposed later on as a recourse to this very grave occurrence.

I thank you, Mr. Deputy Speaker, Sir.

Very well. Let us have Sen. Madzayo.

Asante sana, Bw. Naibu Spika kwa kuniruhusu niongeze sauti yangu kuhusu taarifa ya ndugu yangu, Sen. Faki.

Ni jambo la kusikitisha kuona ya kwamba yule anayelinda mwenzake ndiye sasa anayetakikana kulindwa. Hili ni jambo la kusikitisha kwa sababu Bunge la Kaunti linatakikana kuangalia matumizi, makadirio na kazi inavyoendelea katika serikali zetu za kaunti.

Ni jambo la kusikitisha kuona ya kwamba sasa wale county executives wana mamlaka zaidi ya bunge lililoko katika serikali za mashinani. Tunawaambia kwamba tabia kama hizo hazifai kulingana na maadili yaliyomo ndani ya Katiba. Katiba yetu inatuambia kwamba bunge litakuwa na uwezo wa kuangalia kazi inayoendelea ndani ya serikali za kaunti.

Bw. Naibu Spika, ikiwa kuna kitendo kama hicho kinachoendelea vile ambavyo Sen. Faki amesema ingekuwa vizuri kikome kwa sababu wao kama executives hawana mamlaka ya kuweza kuwafuta kazi wale waliochaguliwa na wananchi katika serikali za kaunti. Kwa hivyo, lazima kuwe na uwiano mwema ndani ya serikali za Mashinani na wasifanye vitendo vya kupinga Katiba ya Kenya na uwezo wa zile bunge za mashinani.

Asante.

Thank you. What is out of order, Sen. Cheruiyot?

On a point of order, Mr. Deputy Speaker, Sir. I have realised that when Senators rise and speak in English, they are given two minutes. When they do so in Swahili, you allow them five minutes. Is it the direction of the Deputy Speaker or the Deputy Speaker is mesmerized?

Order! As Sen. Faki pointed out, we need to promote Kiswahili as a national language. One way of achieving that is by being lenient to those who use that language. However, it is noted. We need to be fair and impartial.

Last but not least, Sen. Cherargei. There is also Sen. (Dr.) Langat. Did you want to say something?

Yes, Mr. Deputy Speaker, Sir.

One minute each. If you speak in Kiswahili, two minutes.

zipate uwezo wa kupata pesa zao katika akaunti zao kutoka Serikali kuu ili waweze kuendesha shughuli zao bila vitisho kutoka kwa magavana.

Katika swala hili, ninaunga mkono yule anayeongoza Kaunti ya Mombasa aitwe hapa katika Bunge la Seneti ndio aweze---.

zipate uwezo wa kupata pesa zao katika akaunti zao kutoka Serikali kuu ili waweze kuendesha shughuli zao bila vitisho kutoka kwa magavana.

Katika swala hili, ninaunga mkono yule anayeongoza Kaunti ya Mombasa aitwe hapa katika Bunge la Seneti ndio aweze---.

On a point of order, Mr. Deputy Speaker, Sir. Is the distinguished Senator for Nandi County in order to address this House and say he wished something that is already happening to happen?

In the last Parliament, this House – and you remember – fought so hard to give autonomy to county assemblies and their Exchequer comes directly from the Controller of Budget (COB) . They are under no financial control whatsoever, howsoever from the county executive.

Is the distinguished Senator in order to speak without pine curium?

Very well. I think it is more of information. So, you have been updated that there is progress in that respect.

Conclude, Sen. Cherargei.

Bw. Naibu Spika, ninamshukuru Sen. Wetangula. Ninafikiri Kiswahili kinachanganyisha wakati fulani. Asante kwa kuongeza hayo maoni. Ninaunga mkono Kamati husika ---.

Hoja ya nidhamu, Bw. Naibu Spika, kutendanisha ni kama kumaanisha kwamba wakili, Sen. Wetangula hakielewi Kiswahili sawa sawa, ama alikuwa anamaanisha jambo gani?

What did you mean Sen. Cherargei? Did you mean that Sen. Wetangula has difficulties appreciating Kiswahili?

Bw. Naibu Spika, sijasema hivyo. Ninafikiri nilikuwa nasema yale ambayo---.

Is it you who has difficulties?

Bw. Naibu Wa Spika, sio mimi. Nimeongea vizuri. Ninafikiri tu ni---.

Although you said that yourself.

Bw. Naibu Wa Spika, unajua watu wamezoea kuelewa kupitia Kiingereza. Huwa changamoto kwa muda fulani. Hata hivyo, ninaunga mkono kwamba Kamati husika hata imuite Gavana wa Kaunti ya Mombasa ile aangazie haya maswala mazito kuhusiana na bunge la Kaunti ya Mombasa ili tusuluhishe maswala hayo.

Very well. We need to bring this to an end.

Sen. (Dr.) Langat, strictly two minutes.

we shall stand together to make sure that our brothers in the County Assemblies are respected so that they do their work, especially oversight, effectively.

I support.

Thank you, Mr. Deputy Speaker, Sir. I rise to support. In supporting, I want us to remind ourselves that the Principles of Devolved Governments under Article 175 are bases on the principles of separation of powers so that the county executive and the assemblies each have their powers enumerated in the Constitution. Nobody should ever think that you can dissolve a county assembly. Probably, it is possible to impeach a governor by extension, remove a county executive but you cannot by any legal mechanism dissolve a county assembly other than through the process of suspension and dissolution of the entire county government.

I support.

Thank you, Mr. Deputy Speaker, Sir. I rise to support. In supporting, I want us to remind ourselves that the Principles of Devolved Governments under Article 175 are bases on the principles of separation of powers so that the county executive and the assemblies each have their powers enumerated in the Constitution. Nobody should ever think that you can dissolve a county assembly. Probably, it is possible to impeach a governor by extension, remove a county executive but you cannot by any legal mechanism dissolve a county assembly other than through the process of suspension and dissolution of the entire county government.

It is true, Sen. Orengo, as a matter of law, the Legislature is the only arm of Government that is elected directly by the people – the entire arm is directly elected by the people. That lends credence to your theory, that Parliament is supreme to the other two arms of Government.

Finally, Sen. Mutula Kilonzo Jnr., two minutes.

would be in Mombasa County reading the riot act to the Governor of Mombasa County. He could be the Sultan of Mombasa but he is not the Sultan of Mombasa County Assembly and he cannot dissolve it, whether in his dreams, wishful or otherwise.

I am happy that in mid-April, we will go to Kisumu for the Legislative Summit. Let us give the opportunities to the county assemblies to tell governors wherever they are that they form part of the governments. We must protect county assemblies.

I have said this before and I want to repeat. We will not give more finances to county governments unless we empower the Senate and the county assemblies. Otherwise, governors will become monstrous. I have said this before and it is happening. A governor can stand on top of a car and tell you that he will throw you out of your office by making sure that the Senate is dissolved. I am sorry but there was a reason to require governors to have degrees because they have not read this Constitution.

I thank you.

would be in Mombasa County reading the riot act to the Governor of Mombasa County. He could be the Sultan of Mombasa but he is not the Sultan of Mombasa County Assembly and he cannot dissolve it, whether in his dreams, wishful or otherwise.

I am happy that in mid-April, we will go to Kisumu for the Legislative Summit. Let us give the opportunities to the county assemblies to tell governors wherever they are that they form part of the governments. We must protect county assemblies.

I have said this before and I want to repeat. We will not give more finances to county governments unless we empower the Senate and the county assemblies. Otherwise, governors will become monstrous. I have said this before and it is happening. A governor can stand on top of a car and tell you that he will throw you out of your office by making sure that the Senate is dissolved. I am sorry but there was a reason to require governors to have degrees because they have not read this Constitution.

I thank you.

Order Senator! Senate Minority

Mr. Deputy Speaker, Sir, I thank the Senator for Mombasa for coming up with this important Statement. I will start where Senator Junior ended, that education is very important---

Senator who?

House on how county assemblies will be relating with county executives and how to guarantee their autonomy, so that we have county governments that work and deliver for the people.

It is sad that Mombasa, being the second largest city in the country at the coast, has to face this kind of situation where the county assembly is attacked. I hope that the necessary committee will summon Governor Joho and hire the services of Sen. Mutula Kilonzo Jnr. to take him slowly and surely through the necessary legislation that guarantees what we have separation of powers in the county governments.

I thank you, Mr. Deputy Speaker, Sir.

House on how county assemblies will be relating with county executives and how to guarantee their autonomy, so that we have county governments that work and deliver for the people.

It is sad that Mombasa, being the second largest city in the country at the coast, has to face this kind of situation where the county assembly is attacked. I hope that the necessary committee will summon Governor Joho and hire the services of Sen. Mutula Kilonzo Jnr. to take him slowly and surely through the necessary legislation that guarantees what we have separation of powers in the county governments.

I thank you, Mr. Deputy Speaker, Sir.

Therefore, Hon. Senators, having considered all those reasons, including the reasons advanced by Sen. Faki and the other Senators who made observations on this Statement, I determine that this is a matter that falls within the discretion of the Speaker under Standing Order No. 47(3), which empowers the Speaker in appropriate cases to refer Statements of this nature to the relevant Committee for further action. I, therefore, determine that this is an appropriate case for referral to the Committee. Therefore, having found that, I direct the Committee on Devolution and Intergovernmental Relations to seize itself of this matter and involve as many Senators as would want to become friends of the Committee for this purpose. They should device mechanisms of exploring this matter in a more elaborate way and report back to the House in two weeks by tabling a written report.

It is so ordered. This is an exceptional case because the threat that is facing the county assembly is wide spread. I am of the view that the issue of Mombasa should be addressed so well that it should send a warning across the country. People should know that they cannot play around with county assemblies and get away with it. Therefore, I have made that exceptional ruling because of the gravity of this matter.

Therefore, Hon. Senators, having considered all those reasons, including the reasons advanced by Sen. Faki and the other Senators who made observations on this Statement, I determine that this is a matter that falls within the discretion of the Speaker under Standing Order No. 47(3), which empowers the Speaker in appropriate cases to refer Statements of this nature to the relevant Committee for further action. I, therefore, determine that this is an appropriate case for referral to the Committee. Therefore, having found that, I direct the Committee on Devolution and Intergovernmental Relations to seize itself of this matter and involve as many Senators as would want to become friends of the Committee for this purpose. They should device mechanisms of exploring this matter in a more elaborate way and report back to the House in two weeks by tabling a written report.

It is so ordered. This is an exceptional case because the threat that is facing the county assembly is wide spread. I am of the view that the issue of Mombasa should be addressed so well that it should send a warning across the country. People should know that they cannot play around with county assemblies and get away with it. Therefore, I have made that exceptional ruling because of the gravity of this matter.

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

What is it, Sen. (Eng.) Mahamud, before we go to the next order?

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

THAT, pursuant to Senate Standing Order No.15 and Article 107 (1) (c) of the Constitution, the Senate elects Sen. Abshiro Halake to preside over the Sittings of the Senate for the remainder of the day. Looking at the House, quite a number of the people who preside over the Senate affairs are absent today. I can only see the Deputy Speaker, who is on the Chair, and Sen. Nyamunga. The rest are away on other duties. For the convenience of the House, it is proper that we elect another Senator to assist in presiding over the House. I propose that we elect Sen. Halake to preside along with others for the remainder of the day.

I ask Sen. Kinyua to second.

I second.

Thank you and congratulations Sen. Halake.

Next Order.

Thank you and congratulations Sen. Halake.

Next Order.

Sen. Halake, do you want us to proceed with that item? Do we have numbers? Where are the whips?

Sen. Halake, do you want us to proceed with that item? Do we have numbers? Where are the whips?

Mr. Deputy Speaker, Sir, a quick count reveals that we do not have enough numbers. I think that we need 24 delegations.

Sorry, Sen. Halake.

Mr. Deputy Speaker, Sir, it looks like we do not have enough numbers.

Order, Senators. Sen. Halake, I am about to direct that the doors be closed and the Bar drawn. I need to know from you whether you are satisfied that we have numbers required to proceed with a successive Division.

(Sen. Halake spoke off-record) Give the microphone to Sen. Halake.

Order, Senators. Sen. Halake, I am about to direct that the doors be closed and the Bar drawn. I need to know from you whether you are satisfied that we have numbers required to proceed with a successive Division.

(Sen. Halake spoke off-record) Give the microphone to Sen. Halake.

Thank you, Mr. Deputy Speaker, Sir. We do not have the numbers. Therefore, I request that we defer Division to a time when we have numbers.

The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 17

Clause 17 of the Bill be amended─

Clauses 28 to 29

Clause 39

Clause 39 of the Bill amended by deleting the phrase “section 35” and substituting therefor with the phrase “section 38”. (Question of the amendment proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. Clause 40

Clause 39Clause 39 of the Bill amended by deleting the phrase “section 35” and substituting therefor with the phrase “section 38”. (Question of the amendment proposed) The Temporary Chairperson (

Proceed, Mover.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report and I ask Sen. (Rev.) Waqo to second.

Proceed, Chairperson.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered and rejected the National Assembly amendments to The Warehouse Receipts System Bill (Senate Bills No. 10 of 2017) .

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report and I ask Sen. (Rev.) Waqo to second.

You can now vote. Assisted voters to approach the Clerks at-the-Table.

Hon Senators, pursuant to Standing Order No.152, I recommit the Bill for Division at the Committee of the Whole.

You can now vote. Assisted voters to approach the Clerks at-the-Table.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 2 be amended by inserting the definition of the word “county public officer” in its proper sequence— “county public officer” has the meaning assigned to it under the County Governments Act. (Question of the amendment proposed) Clause 3 to 4 (Question that Clauses 3 to 4 be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end. Clause 5

THAT, Clause 5 of the Bill be amended in sub clause 2 by inserting the following new paragraph immediately after paragraph (f)− “(fa) a representative of the Ministry responsible for matters related to devolution; (Question of the amendment proposed) The Temporary Chairperson (

Asante, Bi. Spika wa Muda, kwa kunipa fursa hii kuunga mkono Mswada wa kanuni za kaunti, ama kwa Kiingereza, The County Statutory Instruments Bill, 2018. Mswada huu umekuja wakati mwafaka kwa sababu kaunti nyingi hazijapitisha mwongozo wa vipi watachapisha kanuni ambazo zinatumika kutekeleza sheria ambazo wanapitisha katika mabunge ya kaunti. Kwa hivyo, Mswada huu utasaidia kuwapa mwongozo zile serikali au mabunge ya kaunti kuhakikisha kwamba ni njia gani watatumia kupitisha kanuni ambazo zitatumika kutekeleza sheria zinazopitishwa.

Bi. Spika wa Muda, mara nyingi mambo yote hayawekwi katika miswada ya sheria; ila ni baadhi ya mambo tu yale muhimu yanayowekwa katika miswada ya sheria. Watekelezaji wa sheria hizi au kile kitengo cha utekelezaji, yaani the executive wanapewa fursa na sheria kutunga kanuni ambazo zinasaidia kutekeleza zile sheria zilizopitishwa. Kwa hivyo, sheria hii ni kigezo muhimu cha kuendeleza na kuzipa fursa serikali za kaunti kuhakikisha kwamba wanapitisha miswada; na vile vile kwamba miswada yenyewe inapitishiwa kanuni ya kuitekeleza.

Bi. Spika wa Muda, sheria hii pia inajumuisha kaunti zote katika Jamhuri ya Kenya. kwa hivyo, kila kaunti ambayo haijapitisha mwongozo kama huu itapata fursa ya kutumia mwongozo huu ili kupitisha zile kanuni ambazo wanataka kupitisha ili kuendeleza kazi zao. Mara nyingi, kanuni hizi hutumika katika kukusanya ushuru au leseni kadha wa kadha ambazo zinatumika katika serikali za kaunti. Kwa hivyo, bila kanuni hizi, inakuwa vigumu kwa serikali za kaunti kukusanya fedha za kutekeleza miradi wanayoendeleza katika kaunti zao.

Bi. Spika Wa Muda, sheria hii inatoa mwongozo kwa Executive na kuwapa uwezo wa kutunga kanuni; lakini lazima kanuni zitakazotungwa ziambatane na ile sheria iliyopitishwa. Haiwezekani kwamba sheria inazungumza tofauti na kanuni ambazo zinapitishwa na wale watekelezaji zinakuwa tofauti. Kwa hivyo, sheria inatoa mwongozo kwamba lazima kanuni zote zitakazotengenezwa zilingane na ile sheria iliyopitishwa.

Vile vile, Bi. Spika wa Muda, uwezo uliopewa serikali za kaunti, yaani Executive, wa kutunga kanuni kanuni hizi, sio uwezo ambao hauna vigezo. Huu ni uwezo ambao lazima utekelezwe kulingana na vile sheria inavyosema. Kwa hivyo, iwapo watakwenda kinyume na zile sheria, zile kanuni ambazo watakuwa wametengeneza hazitakuwa na

maana yoyote kwa sababu zinapinga sheria ambazo ziko. Kupitisha kanuni hizi itasaidia kuyapa mabunge ya kaunti uwezo wa kuangalia ama kudhibiti uwezo wa serikali za kaunti katika kupitisha kanuni ambazo labda zinawaathiri wananchi katika eneo lile. Inasemekana kwamba sheria hii inaipa bunge la kaunti lile jukumu la kuangalia na kuangazia kazi zinazofanywa na kitengo cha utekelezaji, yaani executive kuhakikisha kwamba kanuni wanazopitisha zinaambatana na sheria.

Bi. Spika wa Muda, Mswada huu pia unatoa mwongozo wa vipi zile kanuni zitatengezwa hadi ziwe sheria. Kuna kifungu ambacho kinasema kwamba lazima ichapishwe katika gazeti rasmi la Serikali, na vile vile katika magazeti rasmi ya kaunti. Vile vile, inatoa fursa kwa wananchi ama washikadau wote katika kitengo kile ambacho kimekusudiwa kwenda kutoa mwongozo au kutoa maoni yao. Kwa mfano, ikiwa wanatunga kanuni za kudhibiti biashara ya boda boda, itakuwa ni lazima watoe fursa kwa washikadau wote – waendesha boda boda na wengineo – kutoa maoni yao kulingana na kanuni zilozotungwa.

Vile vile, Bi. Spika wa Muda, kanuni hizi zinazotungwa lazima zipelekwe katika bunge la kaunti ili zichunguzwe kabla ya kupitishwa. Kwa hivyo, hiyo pia inatoa fursa ya kuhakikisha kwamba kanuni zile zinazotungwa na utekelezaji wake zinaambatana na sheria, na zimepitishwa na bunge la kaunti ile.

Bi. Spika wa Muda, Mswada huu pia unatoa mwongozo kwamba kanuni zitakazopitishwa zitabatilishwa baada ya miaka kumi kutoka ile tarehe ambayo zimepitishwa. Tunaona kwamba kaunti nyingi zina kanuni za kutoka wakati wa Mwingereza. Kanuni zile zimetumika kutoka wakati wa Serikali ya ukoloni. Ukiangalia katika kaunti nyingi, kanuni zote zinazohusiana na ujenzi wa majumba zilitengezwa wakati wa ukoloni. Kwa hivyo, sheria hii inatoa mwongozo kwamba zile kanuni zinakufa baada ya kila miaka kumi.

Pia, sheria hii inapendekeza kwamba zikifa, lazima aidha ziongezewe muda, na muda utakaoongezwa hautazidi miezi kumi na miwili; ama kanuni zingine mpya zipitishwe kuhakikisha kwamba zinaambatana na sheria. Vile vile, kama zitaongezwa kwa muhula wa miezi kumi na miwili, itakuwa zinaweza kuongezwa mara moja peke yake. Kifungu cha 18(4), kinasema kwamba muda unaweza kuongezwa. Yaani muda wa miaka kumi unapokwisha, inaweza kuongezwa muda wa mwaka mmoja peke yake, wala sio zaidi ya hapo. Kwa hivyo, hiyo ni sheria nzuri ambayo lazima tuiunge mkono.

Swala lingine, Bi. Spika wa Muda, ni kwamba Kifungu cha 16 kinasema kwamba lazima kila kanuni itakayopitishwa na kukubaliwa iwekwe katika gazeti rasmi la Serikali, yaani Kenya Gazette na vile vile county gazette. Pia, lazima zipewe namba maalum; kwa mfano, No.001/1/2019. Huo ni mfano wa zile namba zitakazopeanwa katika hizi kanuni za kaunti ili ziwe rahisi kuzipambanua zinahusiana na jambo lipi, na ile inahusiana na jambo lipi.

Vile vile, sheria hii inasema kwamba kama kunatengenezwa kanuni fulani kuhusiana na swala fulani; kwa mfano, iwapo wanatengeneza kanuni kuhusiana na swala la kahawa, kanuni zile zitahusika na kahawa peke yake na hazitatumika kudhibiti maswala ya boda boda ama mambo mengine ambayo yanaweza kutokea. Kwa hivyo kila kanuni itakayotengezwa inahusisha sehemu fulani tu ya lile swala ambalo linadhibitiwa.

Bi. Spika wa Muda, kusema ukweli Mswada huu umekuja wakati mwafaka, na ni lazima tuunge mkono kwa sababu ni njia moja ya kusaidia serikali za kaunti kuweza kupata mapato ya kusaidia kuendesha kazi zao. Vile vile, kanuni ambazo zitaleta maswala ya kifedha – yaani zinazipa serikali za kaunti fursa ya kukusanya kodi – ni lazima ziwe na kodi maalum; kodi ya chini na juu. Kwa Kizungu yaani ni minimum na maximum charges ambazo zitakuwa zinalipishwa.

Kwa hivyo, Bi. Spika wa Muda, Mswada huu ni mzuri sana, na umeletwa wakati mwafaka ambapo mabunge mengi ya kaunti hayana sheria kama hii. Nawaomba ndugu zangu, Maseneta wote, waunge mkono Mswada huu kwa sababu utaleta manufaa Zaidi kwa serikali zetu za kaunti.

Asante, Bi. Spika wa Muda.

Madam Temporary Speaker, pursuant to Standing Order No.105, I beg to move that the debate on the current Bill be now adjourned.

Division will be at the end. Clauses 22

Next Order.

Let us have the Chairperson, Sessional Committee on Delegated Legislation, Sen. Farhiya, to move the Bill.

Thank you, Madam Temporary Speaker. I beg to move that The County Statutory Instruments Bill (Senate Bills No. 21 of 2018) be now read a Second Time. Article 185 (1) and (2) of the Constitutions provides that:-

“The legislative authority of a county is vested in, and exercised by, the county assembly.

Let us move to the next Order. Second Reading

The sponsor of the Bill is not here. Therefore, this is also deferred. Next Order! Second Reading

Again, the sponsor of the Bill is not here. We will have this deferred as well. Let us move to the next Order. Second Reading

Madam Temporary Speaker, pursuant to Standing Order No.105, I beg to move that the debate on the current Bill be now adjourned.

Madam Temporary Speaker, I beg to second.

Let us go to the next Order. Second Reading

Since the Sponsor of the Bill is not here, this is deferred. Next! Second Reading

Once again, Hon. Senators, since the sponsors are not here, this is also deferred.

Let us move to the next Order. Second Reading

The sponsor of the Bill is not here. Therefore, this is also deferred. Next Order! Second Reading

Again, the sponsor of the Bill is not here. We will have this deferred as well. Let us move to the next Order. Second Reading

I cannot see the sponsor of the Bill. So, we will defer this as well. Let us go to the next Order. Second Reading

The Chairperson of the Standing Committee on Finance and Budget is not here. We will have to defer this one also. Next Order! Second Reading

Since the sponsor of the Bill is not in the House, this is also deferred.

Hon. Senators, having concluded the business of today, it is now time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow, Wednesday, 13th March, 2019, at 2.30 p.m.

The Senate rose at 5.05 p.m.