November, 15 2016 SENATE DEBATES

Tuesday, 15th November, 2016

Order, Senators. I have a number of Communications to make.

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

Mr. Speaker, Sir, allow me to lay the following Paper on the Table of the House today, 15th November, 2016:

Report of the Joint Committee on Finance, Commerce and Budget and the Sessional Committee on Devolved Government on the Petition by some Members of Kisumu County Assembly on the alleged corruption and gross mismanagement by the Kisumu County Executive.

I thank you.

Next Order.

November, 15 2016 SENATE DEBATES

Mr. Speaker, Sir, I have the answer to the Statement that was requested by Sen. M. Kajwang but he is not here. This is the second time I am available but he is not available. You will remember that you ordered me on Thursday last week to bring the Statement. Therefore, I would like to have your guidance on this.

The Chairman of the Committee on National Security and Foreign Relations, Sen. Haji, if we start counting availability and how many times you have your statement ready, that may not be useful. I commend you for having the Statement ready. We will give the Member one more chance and we will proceed with that Statement.

On a point of order, Mr. Speaker, Sir. Some four months ago, I sought a statement in this House from the Chairperson of the Committee on National Security and Foreign Relations regarding an incident where one of the residents of Nandi County from Bonchoge area was shot dead by police. You had directed that the Statement be availed in two weeks. Now, it is more than four months and the Chairman has not informed me of the status of that report. Therefore, I seek your guidance on the same. Since he is enthusiastic with Sen. M. Kajwang’s statement, I was hoping that he would extent the same to my situation.

Mr. Speaker, Sir, I talked to him and he agreed with me that I will make an endeavour to give the Statement. I am now surprised that he is accusing me before all the Members. I will undertake to try and give it next week.

Sen. Haji, I suppose you invited it. Today is Tuesday. So, let it be next Tuesday.

Let us go by the statements as per the Order Paper. We will start with Statement

Mr. Speaker, Sir, I have the Statement with me and I am waiting for your instructions. Can I go ahead in the absence of the Member who sought it?

Order, Chair. The fact that you have the Statement, it is only with you. Even the Clerks-at-the-Table do not have a copy and our rules are that

November, 15 2016 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. I am very curious to know how the Chairman of the Committee on Education has the Statement yet the Clerk’s Office does not have it. I thought that statements are given to the Office of the Speaker and then to the Chairs to issue them because it puts everybody in an awkward position when statements go to Chairs directly and nobody else knows about them. If that is the case, then, it ceases to be the property of the House and the Speaker’s Office does not know. I think that is an anomaly that needs to be corrected.

Mr. Speaker, Sir, I also cannot understand why I have the Statement without you having a copy. I do not know who is to be blamed in this case; whether it is me because I was given---

Order, Senator! How did you get the Statement?

It was handed to me.

By who?

By one of the officers here. I thought it came from your office but I am surprised that you do not have a copy. That can be checked later.

What the Deputy Speaker has said is the ideal position. Of course, we have had cases where the Chairs have been camping in some offices, including peeping at the desks. This is why we have created another device that irrespective of the means of acquisition of the document, the necessary process must be complied with by making copies to all the necessary offices.

Sen. Karaba, that is what we have directed you to do.

Let us have Statement (b) issued by the Chair of the Committee on Devolved Government.

Mr. Speaker, Sir, I have had a chance to talk to the Senator who asked this question and she is no longer interested in pursuing an answer to the question. This was rather a strange question coming to the House as it seems to question the operations in the House. Although the question was directed to the Chair, my boss is the Speaker. It would require that I come to you to provide an answer for me to bring to the House. That was the nature of the question. I think that is the fallacy that the Senator has seen and she said she is no longer interested in following the question.

That Statement is vacated.

November, 15 2016 SENATE DEBATES

Mr. Speaker, Sir, I have the response to the question that was asked by Sen. Kanainza but incidentally, she is not in. Last week when I received the response, I gave copies to the House including her. Therefore, she is well conversant with the contents of the response I want to issue. With your permission, allow me to proceed because this has been a long standing question that requires me to put to rest.

Mr. Speaker, Sir, I am seeking your guidance.

Let us give her one more chance. The Statement is postponed to Thursday.

Let us go to Statement (d) to be issued by the Chair of the Committee on Education.

Mr. Speaker, Sir, I have copy of the Statement but I am sure I will be faced with the same predicament. I do not know whether you have a copy. If you do not have a copy, I have just received it. This is a statement we have been looking for the past two weeks and I have just received it.

Sen. Karaba, it will be subjected to the same procedure like your earlier statement. The Statement should appear on the Order Paper on Thursday this week.

Thank you very much.

We are now on Statement (e) . I cannot see the Chair or the Vice Chair. Do we have any other Member of the Committee?

Mr. Speaker, Sir, I am a Member of the Committee but unfortunately, the Chairman or Vice Chair is not around. In that regard, I request that you allow me respond to it in the next one week. I believe that by Thursday, either the Chairman of the Vice Chair will be in. If they will not be in, I will undertake to take that responsibility to ensure that I respond to the question.

Why do you not take the responsibility of looking for them or responding to it by this Thursday? If you look at the nature of that Statement, it is quite critical.

Mr. Speaker, Sir, I am obliged.

We will also defer that.

November, 15 2016 SENATE DEBATES

The Member who requested for the Statement is on official travel. So, we will postpone that matter to next Tuesday.

That is the end of statements because we have disposed all the remaining ones. Sen. Haji, regarding the one that was requested by Sen. M. Kajwang, is it okay for you to give it tomorrow?

Mr. Speaker, Sir, if I had powers, it would have been dropped but I am obliged by whatever you order although I made a lot of efforts. It is not fair that Chairmen are put to task and when they are ready, the questioners are not ready. That is not fair.

Sen. Haji, I deferred that Statement.

Bw. Spika, umetangulia ukasema next order lakini bado tulikuwa katika msitari tukiulizia hoja ya nidhamu. Kuna hisia Fulani ndani ya Bunge hili la Senate. Hii ni kwa sababu kuna wale ndugu wanaouliza maswali na jibu linapopatikana, inakuwa tena shughuli ya kumtafuta yule aliyeuliza swali. Hii hutendeka hata baada ya kumpatia stakabadhi ama majibu ya yale maswali. Kitu kingine ni kwamba kuyapata majibu ya yale maswali pia huchukua muda. Sijui kama utatupatia mwelekeo kuhusu jambo hili. Hii itatusaidia kuhakikisha kwamba anayeuliza swali lazima awe kwenye Bunge hili.

Order, Members. My screen is not working today.

Bw. Spika, kufuatana na pendekezo la Sen. Madzayo, ningependa kukujulisha ya kwamba niliamurishwa na Kiti chako kwamba nilete habari kuhusu uzembe wakuiba katikaWizara ya Afya majuma mawili yaliyopita. Lilikuwa swala la Sen. Wetangula.Niliamurishwa na nimejitayarisha leo, lakini utaona ya kwamba sikuorodheshwa katika orodha ya maswala yaliyotakikana. Hii ni vyemakweli?

Hon. Senator, you have raised those concerns starting with Sen. Haji. The Chair is sympathetic to the concerns of the Chairpersons but we have established that the Members who had asked for the Statements have equally lamented when the Statements do not come in good time. We need to be fair to each other. Therefore, it is important to note that if a Member was in the House but he disappears when they had agreed that the Statement will be ready at a particular time, that becomes a problem that needs to be punished. However, it is important for us to have the understanding that we have always had in this House when a Statement is not ready and it is pushed to another time. The same understanding should be applied when it is proved that a Member is not available when a Statement is ready. We have always said that a Member will be given one more time. The word will go out from the day of action to the next day.

November, 15 2016 SENATE DEBATES

Hon. Members, Order No.8 is a Division and we do not have the numbers. We will postpone that Order until the requisite numbers are obtained. Let us now move to Order No.9.

Second reading

November, 15 2016 SENATE DEBATES

Mr. Temporary Chairman, I have sought leave from the Speaker. Sen. Sang will do it on my behalf because I have to attend to the County Public Accounts and Investments Committee (CPAIC) report writing session.

The Temporary Chairperson (Sen. Mositet) : Could we hear from the Chairperson of the Committee on Legal Affairs and Human Rights?

Mr. Temporary Chairman, Sir, for the record, these are the Committee amendments as shown in the Order Paper. They are not amendments by the Chairperson, Sen. Wako. The advantage is that Sen. Hassan sits in the Committee; therefore, these amendments were agreed upon by the sponsor and the Committee.

Mr. Temporary Chairperson, Sir, on behalf of Sen. Hassan, I beg to move:- THAT the Bill be amended by deleting clause 5 and substituting therefor the following new clause-

Could we hear from the Chairperson of the Committee on Legal Affairs and Human Rights?

Mr. Temporary Chairman, Sir, for the record, these are the Committee amendments as shown in the Order Paper. They are not amendments by the Chairperson, Sen. Wako. The advantage is that Sen. Hassan sits in the Committee; therefore, these amendments were agreed upon by the sponsor and the Committee.

Mr. Temporary Chairperson, Sir, on behalf of Sen. Hassan, I beg to move:- THAT the Bill be amended by deleting clause 5 and substituting therefor the following new clause-

Mr. Temporary Chairperson, Sir, on behalf of Sen. Hassan, I beg to move:- THAT clause 6 of the Bill be amended at sub-clause (2) (c) by deleting the words “national and county development plans” appearing immediately after the words “integrate, within their” and substituting therefor the words “respective policies”. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Chairperson, Sir, on behalf of Sen. Hassan, I beg to move:-

THAT clause 9 of the Bill be amended-

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

Mr. Temporary Chairperson, Sir, on behalf of Sen. Hassan, I beg to move:- THAT clause 8 of the Bill be amended by-

Mr. Temporary Chairperson, Sir, on behalf of Sen. Hassan, I beg to move:-

THAT clause 9 of the Bill be amended-

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

Mr. Temporary Chairperson, Sir, on behalf of Sen. Hassan, I beg to move:-

THAT, New Clause 27 be read a Second Time. The importance of this new clause is that our county governments already have County Integrated Development Plans (CIDPs) . This

clause will impose the responsibility on county governments to review their CIDPs immediately after coming into force of this law to ensure that they capture the contents of this Bill, so that they can mainstream social and economic rights in their CIDPs.

Mr. Temporary Chairperson, Sir, it will not be lost on us to appreciate that the budgeting process in our counties is supposed to follow the CIDP. Therefore, if we have to achieve the objectives of this Bill, we must obligate our county governments, immediately this Bill becomes law, to review their CIDPs in line with this Bill so that in subsequent budgeting they allocate resources towards achievement of the objectives of this Bill.

I request Sen. Hassan to second.

Division will be at the end. Clause 20

Mr. Temporary Chairperson, Sir, on behalf of Sen. Hassan, I beg to move:-

THAT clause 20 of the Bill be amended by deleting paragraph (b) of sub- clause 2 and substituting therefor the following new sub-clause-

- THAT, the First Schedule to the Bill be amended in the heading by deleting the words “SOCIAL AND ECONOMIC” and substituting therefor the words

November, 15 2016 SENATE DEBATES

Mr. Temporary Chairperson, Sir, on behalf of Sen. Hassan, I beg to move:-

THAT, New Clause 27 be read a Second Time. The importance of this new clause is that our county governments already have County Integrated Development Plans (CIDPs) . This

clause will impose the responsibility on county governments to review their CIDPs immediately after coming into force of this law to ensure that they capture the contents of this Bill, so that they can mainstream social and economic rights in their CIDPs.

Mr. Temporary Chairperson, Sir, it will not be lost on us to appreciate that the budgeting process in our counties is supposed to follow the CIDP. Therefore, if we have to achieve the objectives of this Bill, we must obligate our county governments, immediately this Bill becomes law, to review their CIDPs in line with this Bill so that in subsequent budgeting they allocate resources towards achievement of the objectives of this Bill.

I request Sen. Hassan to second.

- THAT, Clause 2 of the Bill be amended –

- THAT, the title to the Bill be amended by deleting the word “and” appearing immediately after the word “Human Dignity” and substituting thereof the word “in”.

November, 15 2016 SENATE DEBATES

- THAT, the First Schedule to the Bill be amended in the heading by deleting the words “SOCIAL AND ECONOMIC” and substituting therefor the words

November, 15 2016 SENATE DEBATES

- THAT, Clause 2 of the Bill be amended –

- THAT, the title to the Bill be amended by deleting the word “and” appearing immediately after the word “Human Dignity” and substituting thereof the word “in”.

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

Next Order.

Division will be at the end. We have come to the end of amendments of that Bill. Sen. Sang, approach the Chair. (Sen. Sang approached the Chair)

Mr. Chairman, Sir, pursuant to Standing Order No. 139, I beg to move that a Committee of the Whole reports progress on its consideration of The Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill (Senate Bill No.8 of 2015) and seek leave to sit again tomorrow.

Sen. Haji seconded.

Could the chairperson report progress?

November, 15 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said Report.

November, 15 2016 SENATE DEBATES

On a point of order, Mr. Temporary Chairman, Sir. Is it in order for us to do amendments when the concerned persons – the persons living with disabilities - are not here?

The Temporary Chairperson (Sen. Sang) : Sen. Chelule, one, you are raising your point of order too late in the day; that is water under the bridge. Two, the amendments that have been moved by the Chairperson are from the Committee. Therefore, the moving of those amendments was perfectly in order. Three, when you indicated that persons living with disabilities are not in the House, I suspect you meant the sponsor of the Bill, Sen. Godliver Omondi. The Senator had no objections to these amendments by the Committee. If she had any objections, she would have been in the House to raise those concerns. We are, therefore, perfectly in order.

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.139, I beg to move that the Committee of the Whole reports progress on its consideration of The Persons With Disabilities (Amendment) Bill (Senate Bill No.13 of 2015) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Persons with Disabilities (Amendment) Bill (Senate Bill No.13 of 2015) and seeks leave to sit again tomorrow.

November, 15 2016 SENATE DEBATES

On a point of order, Mr. Temporary Chairman, Sir. Is it in order for us to do amendments when the concerned persons – the persons living with disabilities - are not here? The Temporary Chairperson (

November, 15 2016 SENATE DEBATES

On a point of order, Mr. Temporary Chairman, Sir. I sympathize with the position of Sen. Chelule. You have said that Sen. Godliver Omondi has excused herself, but is it in order for Sen. Njoroge, who has been vocal on all other matters, to be absent when the most important matter - a Bill that represents the constituency that sent him to represent them here – is being dealt with? In your own retreat and ruling in the future, you should take note that when matters touching on persons with disabilities come to the House, Senators like Sen. Njoroge should spend more time to focus on them, instead of being vocal on non-issues. The Temporary Chairperson (

- THAT, Clause 4 of the Bill be amended in the proposed new section 20-

November, 15 2016 SENATE DEBATES

Mr. Temporary Chairman, Sir, I wish to inform the House that the two Senators living with disabilities have actively participated in my Committee and are fully aware of the amendments that have been moved today. The Temporary Chairperson (

November, 15 2016 SENATE DEBATES

Very well. Proceed.

- THAT Clause 6 the Bill be amended in the proposed new sub-section

(4)

by inserting the words “in consultation with the Council of Governors” immediately after the words “Teachers Service Commission”.

The Temporary Chairperson

(Sen. Sang)

: Division will be at the end. Clause 7

November, 15 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report.

Sen. Murkomen seconded.

November, 15 2016 SENATE DEBATES

Mr. Temporary Chairperson, Sir, pursuant to Standing Order 139, I beg to move that the Committee of the Whole reports progress of its consideration of The Basic Education (Amendment) Bill (National Assembly Bill No. 35 of 2014) and seeks leave to sit again tomorrow.

November, 15 2016 SENATE DEBATES

- THAT Clause 5 of the Bill be amended-

November, 15 2016 SENATE DEBATES

- THAT Clause 6 the Bill be amended in the proposed new sub-section (4) by inserting the words “in consultation with the Council of Governors” immediately after the words “Teachers Service Commission”. (Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee of the Whole in the said report.

Division will be at the end. Clause 7

No, Mr. Temporary Speaker, Sir. The one I had is not in the House.

November, 15 2016 SENATE DEBATES

- Amendment of THAT the Bill be amended by deleting Clause 13 Section 56 of and substituting therefore the No.14 of 2013 following new Clause-

Mr. Temporary Speaker, Sir, the purpose of this Bill is to amend the Treaty Making and Ratification Act No. 45 of 2012 in order to reinstate the role of the Senate in the Treaty making and ratification process. The Constitution of Kenya Article 2---

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, thank you. I stand corrected. I beg to move that The Treaty Making and Ratification Act No. 45 of 2012 be read a Second Time.

As I said earlier, the Constitution of Kenya Article 2 (6) states that:- “Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.”

Pursuant to Article 94 (1) of the constitution:- The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.”

Further, Article 94 (5) states:- “No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.”

Mr. Temporary, Speaker, Sir, as we all know, Parliament consists of both the National Assembly and the Senate. Consequently, the function of considering and approving the ratification of treaties is a function that resides in both Houses of Parliament in exercise of their shared legislative authority under Article 94 of the Constitution.

Mr. Speaker, Sir, the Constitution was very specific on treaty making. However, when the British Government and the Kenyan Government entered into a defence pact recently, it went to the National Assembly and without referring it to us. They deleted the power of the Senate. That is what we are trying to address because the Constitution is very specific that Parliament is made up of both Houses. Therefore, such treaties must be considered by both Houses. Therefore, the amendment is addressing the position that Parliament should have its role in treaty making. Therefore, we want that power table office be reinstated to us as it is with the National Assembly.

I beg to move and request Sen. Murungi to second.

November, 15 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, I beg to support this very important Bill. This country has a new Constitution. The provisions of the Constitution of Kenya 2010 are well thought out. This country adopted the Constitution after a long process of negotiations. It is unfortunate that we have institutions in this country who still think that the country is still being governed by the old constitution. There are new institutions courtesy of the new Constitution. Previously, we had a unicameral Parliament. Under the new Constitution, we have a bicameral Parliament; that is the Senate and the National Assembly. However, many of our people think Parliament is made up of the National Assembly.

It is an unconstitutional for Members from one Chamber to propose amendments to various legislations without, including participation of the other House. For example, the Bill that the National Assembly passed to remove the role of the Senate in the process of ratifying treaties is completely unconstitutional. The Members moved an amendment

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

Well done, Senator.

Mr. Speaker, Sir, thank you for giving me this opportunity to speak on this important Bill. It is a Bill that has been brought by the Chairperson of the Committee which deals not only with national defence but also foreign relations.

It is appropriate that I speak on this Bill because I have just come from New York and last Friday, we had elections to the International Law Commission which is one of the five organs of the United Nations. The organs under the United Nations Charter include; the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice and the International Law Commission. I was re-elected for another five-year term starting January 2017.

The International Law Commission is concerned with codification and progressive development of international law. In fact, at our last session in May, we were concerned about the Vienna Convention on the law of treaties. What came out clearly is that there is now a developing international law that needs codification on the way treaties are ratified. In this country, under the old Constitution, there is one main method but there are really two methods of ratifying treaties. One was Cabinet decision that a treaty can be ratified. However, under the new Constitution, the treaty can only be ratified by approval of Parliament.

This is a very important part of legislation in this country. Article 2 (5) comes after the word “Any law” including customary law that is inconsistent with this Constitution is void to the extent of its inconsistency. After that, we have paragraph 5 and 6. Paragraph 5 talks about the general rules of international law. In the process of ratification and the country adhering to the provisions of the international customary law and the provisions of the treaty that has freely entered into, it may very well be that that treaty could supersede a bit of the Constitution. For example, if under the current Constitution, Kenya entered into an obligation or a union with a neighbouring country, then that treaty can only be entered into by amending the Constitution of Kenya to permit that union to take place. When one talks about issues of integrity, it is the whole purpose of integration, particularly economic and political integration. It is about a nation ceding part of its sovereignty to a larger body like the African Union or the East African Community and so on. So, to the extent that a legislation that is ratified in a treaty can have those effects in Kenya, it becomes important that that legislation has to be endorsed by Parliament under Article 94.

Under Article 94, Parliament has to protect the Constitution and promote democratic governance of the Republic. We cannot protect the Constitution as Parliament unless we are also involved in the ratification of the treaties. Ratification of treaties can have a very serious impact on the current Constitution. In fact, I am sure the “King of Meru” will agree with me that even when we were in college, it was more or less taken for granted that where a nation has entered into an obligation under a treaty, you cannot,

Mr. Temporary Speaker, Sir, the purpose of this Bill is to amend the Treaty Making and Ratification Act No. 45 of 2012 in order to reinstate the role of the Senate in the Treaty making and ratification process. The Constitution of Kenya Article 2---

Sen. Haji, you need to move by saying that you are reading the Bill forthe SecondTime before you start explaining. Just read it the way it is, and say you beg to move.

November, 15 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, thank you. I stand corrected. I beg to move that The Treaty Making and Ratification Act No. 45 of 2012 be read a Second Time.

As I said earlier, the Constitution of Kenya Article 2 (6) states that:- “Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.”

Pursuant to Article 94 (1) of the constitution:- The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.”

Further, Article 94 (5) states:- “No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.”

Mr. Temporary, Speaker, Sir, as we all know, Parliament consists of both the National Assembly and the Senate. Consequently, the function of considering and approving the ratification of treaties is a function that resides in both Houses of Parliament in exercise of their shared legislative authority under Article 94 of the Constitution.

Mr. Speaker, Sir, the Constitution was very specific on treaty making. However, when the British Government and the Kenyan Government entered into a defence pact recently, it went to the National Assembly and without referring it to us. They deleted the power of the Senate. That is what we are trying to address because the Constitution is very specific that Parliament is made up of both Houses. Therefore, such treaties must be considered by both Houses. Therefore, the amendment is addressing the position that Parliament should have its role in treaty making. Therefore, we want that power table office be reinstated to us as it is with the National Assembly.

I beg to move and request Sen. Murungi to second.

I second.

Hon. Senators, I am not seeing any request. I thought we have very senior counsel in the House.

Mr. Temporary Speaker, Sir, I beg to support this very important Bill. This country has a new Constitution. The provisions of the Constitution of Kenya 2010 are well thought out. This country adopted the Constitution after a long process of negotiations. It is unfortunate that we have institutions in this country who still think that the country is still being governed by the old constitution. There are new institutions courtesy of the new Constitution. Previously, we had a unicameral Parliament. Under the new Constitution, we have a bicameral Parliament; that is the Senate and the National Assembly. However, many of our people think Parliament is made up of the National Assembly.

It is an unconstitutional for Members from one Chamber to propose amendments to various legislations without, including participation of the other House. For example, the Bill that the National Assembly passed to remove the role of the Senate in the process of ratifying treaties is completely unconstitutional. The Members moved an amendment

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

Sen. Khaniri is not there. So, I defer it.

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

November, 15 2016 SENATE DEBATES

I now call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I thank my colleagues for enriching the purpose this Bill seeks to achieve.

As I said earlier, my colleagues emphasized the role of the Senate as stipulated in Article 96 (1) of the Constitution, which is to protect the interests of the counties and their governments. The treaty which provoked us into bringing this Bill is as a result of the military treaty between Kenya and the British. These military exercises are done in the counties. We know the hue and cry by people in Kajiado, Samburu and Laikipia as a result of the exercises that are being done by the military in this regard.

Therefore, it was totally unacceptable and wrong for the National Assembly to disregard the role of the Senate. If some Kenyans will go to court as a result of the passing of that treaty with exclusion of the Senate, I believe the courts will nullify that treaty. We are trying to correct this so that these kinds of things do not continue to happen, and, even if when it goes to them, they will sit on it; we have the provision for

November, 15 2016 SENATE DEBATES

Okay, it is deferred.

I defer that order to tomorrow.

Sen. Khaniri is not there. So, I defer it.

November, 15 2016 SENATE DEBATES

Sen. (Prof.) Lonyangapuo is also not there. It is deferred.

November, 15 2016 SENATE DEBATES

Sen. (Eng.) Muriuki is also a Member of County Public Accounts and Investments Committee (CPAIC) . I think they are meeting somewhere. It is deferred.

Since this is my Motion, and, I cannot see other Members of the Chairperson’s Panel, there is no way I can move when I am the Chair. So, it is deferred also.

November, 15 2016 SENATE DEBATES

Hon. Senators, there being no other business, the Senate stands adjourned until tomorrow, Wednesday 16th, November, 2016, at 2.30 p.m.

The House rose at 4.50 p.m.