June 16th, 2015 SENATE DEBATES

Tuesday, 16th June, 2015

Hon. Senators, I have a communication to make. You may recall my communication on 28th May, 2015 in which I informed you that the Transition Authority (TA) in collaboration with the Senate had organised a two-day retreat to be held at the Serena Beach Hotel, Mombasa from 18th to 21st June, 2015; the travel dates being 18th and 21st.

Hon. Senators, as I indicated in my earlier communication, the retreat is aimed at sharing experiences on the transition to devolved Government, taking stock of what has been done and how much still remains to be done for the full transition to be realised.

Hon. Senators, some of the areas will be transfer and costing of functions, county umbrella retirement scheme and county capacity assessment of uptake of functions. An elaborate programme to afford Senators an opportunity to critically discuss issues that have impeded the realization of devolution has been prepared. Resource persons are drawn from the Senate and the Transition Authority. The expected output of the retreat is to define the next steps, determine the kind and type of support required to complete the unfinished business and an exit mechanism. I, therefore, urge all of you to find time and attend this crucial meeting to make your contribution on the state of devolution and transition.

June 16th, 2015 SENATE DEBATES

Thank you, Mr. Speaker, Sir. I present a petition made to the Senate by Members of Morogik Kekonyoike Trust or Morogik Parcel land Ngong/1959.

Citizens of Kenya and Members of Keekonyokie Community Trust wish to draw the attention of the Senate to the following:-

June 16th, 2015 SENATE DEBATES

The petition will be submitted to the Committee on Lands and Natural Resources.

June 16th, 2015 SENATE DEBATES

Mr. Speaker, Sir, thank you for giving me the opportunity to contribute to this petition. I will be very brief.

It is commendable that the petitioners have seen the importance of having radiotherapy machines or what we call linear accelerators in the treatment of cancer. My submission here, from my experience in the health sector, is that equipment is the second order of things. The first order of things is human resources. We need oncologists, doctors, nurses, medical physicists, cancer nurses and so on. This is because if you have equipment but no people trained to use it, you will not go very far.

My observation is that the Government has given very little attention in terms of setting aside money to train professional medical manpower in our nation. Currently, with the equipping of hospitals through the project that the Government has initiated, very little attention has been given to train human resources.

Finally, private hospitals like Nairobi, Aga Khan, MP Shah and I think now, the Texas Cancer Centre have linear accelerators. It would be good if the Government could have arrangements with the private health sector. This is because that equipment can be run for even 24 hours so that in the hours that the hospitals do not have patients, then patients from Kenyatta National Hospital (KNH) can be treated there. These are the things that we should do in the immediate.

Thank you, Mr. Speaker, Sir. I rise to support this Petition. Fifteen per cent of all the cancer cases coming to KNH are from my county – Meru County. It is not known why Merus are so prone to cancer but I believe there must be a reason. It is not only people from the miraa zone. In fact, there is a large part of Meru which does not grow miraa but people from those areas also suffer from cancer.I would beg that when the Senate investigates this matter as the petitioners have requested, we could go a little further and look at the causes of cancer especially in Meru County so that preventive measures can be put in place. That could also reduce the traffic and demand for the facilities that are being requested for.

I also note that the kits which were provided to Level 5 hospitals through Governors across the country are for cancer screening and have nothing to do with its treatment. Just like we have boldly taken steps to get rid of HIV/AIDS, enough resources should also be put in place so that after screening, the cancer patients can also be assisted to access treatment at a reasonable cost or for free.

Thank you, Mr. Speaker, Sir. I appreciate the efforts of these two Kenyans who brought this matter to the attention of the Senate. Just last weekend, I attended the funeral of an old class mate of mine who has been practicing as a lawyer.

June 16th, 2015 SENATE DEBATES

Thank you, Mr. Speaker, Sir. I support this Petition because it is really disheartening to know that people who are ailing from this disease are not receiving the attention that they need, which is especially found in the national referral hospital. It is not only for cancer cases but even other ailments. In some of these hospitals, there is a waiting list and sometimes a patient is given the first appointment one year later. Remember we are told that cancer should be treated early enough. It then becomes too late to treat it by the time the first appointment comes and we are losing so many Kenyans because of that.

The referral hospitals in counties even lack many equipment and personnel. It is high time that a quality control inspectorate is established for health facilities in the country to ensure that certain standards are met.

Mr. Speaker, Sir, I am getting a lot of complaints in my county because there are no nurses in the dispensaries and health centres. For example, in Kachibora, and Endebbes, there are no adequate personnel. There are facilities which should be closed because there are no nurses. Patients are going there and being turned away because they are not being attended to. I think the most important thing is to invest in training doctors. There are so many qualified Kenyans living Form Four with very high qualifications. Why can we not open up training?

The Government should fund the training of experts including oncologists so that when others leave and get greener pastures elsewhere, we have adequate personnel for this country. We should study what is happening in countries like India. We are spending a lot of money in foreign currency sending our people to India and yet we can save that money and create employment for our youth in this country as doctors and nurses.

Thank you, Mr. Speaker, Sir. I support the Petition because I am very passionate about the cancer menace. This is because when you look at the causes of disability, cancer is one of them. We are losing many people through cancer. We are also getting an increased number of persons with disabilities with amputated arms or limbs

June 16th, 2015 SENATE DEBATES

Thank you, Mr. Speaker, Sir. Cancer has become a number one killer. I support this Petition, but specifically to look at the inconsistencies in diagnosis. There are many cases of people who have assumed to have been cured, but when they go to other countries like India, they are actually discovered with advanced states of cancer. We should investigate and find out whether the problem is on the part of the human resources or the part of the machines that we are using. When cancer is detected early enough, it leads to a quick cure.

Thank you.

Mr. Speaker, Sir, I support the Petition. Cancer is one of those painful diseases that kill our people. Every day, we live with our families who are suffering from cancer and sometimes it is difficult for these people to access treatment because they do not have the finances. We know that the top hospitals which are well equipped are very expensive for people to afford. It is important that the national Government invests in the cancer centre at the Kenyatta National Hospital.

We do not have enough human resource to man the machines in most of our hospitals. For instance, there is medical equipment which has been leased to the counties. We should train the technicians who are going to man these machines so that when people go for treatment, they are attended to immediately. I think it is better to prevent the disease through early diagnosis than let the patient go through that difficult time and lose the patient because he or she is not given treatment on time.

I support the Petition.

Mr. Speaker, Sir, let me also congratulate the petitioners for having seen the reason to bring this Petition to the Senate. Almost everybody must have been

June 16th, 2015 SENATE DEBATES

Mr. Speaker, Sir, as I support this Petition, my appeal would be to the county governments not to do the same things they are doing at the moment. It would be prudent that those who have not appended their signatures to the agreement to lease those medical equipment, they should also procure theirs and then we shall compare. The Senate is capable of assessing prudency in procurement.

I support.

Mr. Speaker, Sir, I also rise to support the petition because of the very serious implications that it has on the population. There are two levels which we would want this Petition to address and come out with some resolutions or the way forward. We expect that this country will assist its civilians by making sure that the precursors of cancer do not come in to our environment. We know that some of the precursors affecting the population come in through the food chain. This is as a result of sub-standard fertilisers perhaps coming from some of the nuclear states that, probably, do not have systems that can control nuclear material.

There is also a whole lot of synthetic material that comes in to the country and eventually ends up into the environment such as asenlix. There are large amounts of heavy metals such as mercury that are used either in industry or the medical sector. All these are precursors to cancer. They should never be allowed to come into the environment of a country.

Mr. Speaker, Sir, self-assessment of every individual should aid in minimising of the level of cancer in this country. We are aware that breast cancer, cervical cancer and prostate cancer, for example, could be diagnosed fairly early by individuals through self- examination. This should be encouraged so that we can detect cancer cases early and attempt to do some treatment. We know that treatment is expensive. However, we are glad that this country is responding by bringing in appropriate equipment that can be used for cancer treatment.

Therefore, Mr. Speaker, Sir, I support this petition in an effort to eliminate the cancer disaster in the country.

On a point of order, Mr. Speaker, Sir. I know that you are about to give some direction on this. However, I recall that in the Tenth Parliament, the then Committee on Health showed a lot of concern. It drew up a Bill regarding the

June 16th, 2015 SENATE DEBATES

Hon. Senators, pursuant to Standing Orders No.227 (1) , the Petition stands committed to the relevant Standing Committee; in this case, the Standing Committee on Health.

In terms of the Standing Order No.227 (2) , the Committee shall be required, in not more than sixty days from the time of reading the prayer, to respond to the petitioner by way of a report addressed to the petitioner and laid on the Table of the Senate.

Order, Senators. We have two more petitions to go.

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

Asante Sana, Bw. Spika. Kwanza kabisa natoa shukurani kwa mzalendo huyu kutoka Mandera ambaye ameweza kuangazia mambo ambayo yanafanyika kule Mandera, yasioambatana na sheria za Kenya. Ningependa kuwahimiza Wakenya wengine wawe macho na kuchunguza kwamba pesa tunazotuma kwa serikali za kaunti zinafanya kazi ambayo zilipangangiwa, ikiwa ni majukumu ambayo yamepeanwa kwa serikali hizo za kaunti. Visa vya magavana kutumia pesa tunazopitisha kufanya shughuli ambazo ni za Serikali Kuu ni vingi sana. Si ajabu kupata Gavana wa Mandera na serikali yake wakitumia pesa nyingi kujenga uwanja wa ndege na barabara ambazo zinafaa kujengwa na Serikali kuu, ilhali shughuli ambazo ni za serikali ya kaunti zinaendelea kugandamizwa.

June 16th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I would like to address Mr. Kiprono Rop’s Petition. If you could allow me to just make a few comments.

First, I would like to thank this Kenyan who is really thinking about how to make sure that the two-thirds rule is adhered to within the Constitution. We are pooling efforts together from different formulas and formulations, so that we can actually find a way forward. A technical group from the Gender and Equality Commission that has been working on this has made quite a lot of progress in terms of making a determination.

The idea that the petitioner has given will be taken into consideration, because this is really a consultative process. It has been going on for the last three months and we are putting in a lot of effort, even from other hon. Members who have also come up with various propositions.

Mr. Speaker, Sir, I support this petition and assure him that we will find a way to ensure that we make this a constitutional dispensation that will be adhered to. Thank you, Mr. Speaker, Sir.

Again, I wish to commend Sen. (Dr.) Zani for being brief. That should be the way.

Thank you, Mr. Speaker, Sir. The matters raised by the petitioner actually crosscut very many counties. The issue of ambulances is not only in Mandera but also in Kakamega, Kisii and many other counties which I do not want to enumerate.

The sad thing is that the boss of Red Cross, Mr. Abbas Gullet, literary looked for Governors to get them to sign these contracts. The Ethics and Anti-Corruption Commission should also move into these particular contracts, investigate the Governors who are concerned and the role that was played by the leadership of the Red Cross. Mr. Speaker, Sir, I want to congratulate the Governor of Mombasa and the Governor of Vihiga, being some of the few governors who refused to sign the contracts and said that they would rather buy their own ambulances.

Finally, there is the issue of governors taking on functions that are not devolved. In this case, it is the issue of construction of the main highway from Nairobi to Mandera. This is a disaster because in many counties, including Kakamega, the Governor has put county resources into the purchase of vehicles for security. Security as a function has not been devolved. Why would governors be wasting resources meant for development and yet, in this year’s Budget Kshs200 billion has been reserved for the security docket?

Mr. Speaker, Sir, I support and urge that the Committee moves with speed to stop this nonsense that is going on.

June 16th, 2015 SENATE DEBATES

Mr. Speaker, Sir, my gratitude to the Kenyans who are demonstrating more and more courage to invoke the mandate of this Senate, particularly in matters of oversight. I think they acknowledge the gravitas that the Senate has.

I think I have seen the temptation that Sen. Khalwale has alluded to in Machakos County and a few other counties. They are taking up functions enthusiastically which are functions of the national Government. So, as good an intention as it might be, I think it is something that we need to put a stop to. No matter the circumstances, counties must only invest in functions that are within their purview, under Part II of the Fourth Schedule.

Secondly, I do recall a governor coming and telling us how they are just simply lifesaving. I think the Constitution itself is lifesaving. Therefore, when governors undertake any mandate, they must be justified and supported by the Constitution.

I do not want to comment on the merits or demerits of this petition, but what is making me extremely enthusiastic is that more and more Kenyans are now bringing petitions to this Senate, as demonstration that this Senate, right now, is the best solution to the Kenyan people. Kenyans are developing confidence that the Senate is actually the policy organ around devolution in this country.

Mr. Speaker, Sir, I want to support the petitioner, Mr. Kiprono Rop, who has brought this petition, on the one-third gender rule. The country is aware that we are facing a constitutional crisis if we do not solve this issue by August.

We have made some progress and I want to take this opportunity to thank the leadership of Parliament for the support that they have given us this far. Tomorrow, as women legislators, we will meet the entire leadership of Parliament, including the two Speakers, to get a clear way forward on the various proposals that have been considered, including the proposal that has been put forward by this petitioner, of considering bringing even the 47 Women Representatives to the Senate.

Other proposals have included the clustering of constituencies and the creation of special seats for women. I believe that by the end of tomorrow, after our meeting with the leadership of Parliament – I take this opportunity to invite this petitioner to attend our meeting tomorrow from 7.00 a.m. at the Continental Hotel - We believe that from tomorrow, going forward, we will then settle on one workable strategy that will then be presented to Parliament. The support is so far so good.

I want to extend my gratitude to all institutions that are working with us, especially, the National Gender and Equality Commission and other Ministries that have been dealing with this issue; for instance, the Ministry of Devolution and National Planning. By tomorrow, we will present to the nation and Parliament one position that we will all be supporting.

I beg to support.

Mr. Speaker, Sir, I also reiterate the position raised by my colleagues about the petition, particularly the petition on Mandera County Government. I laud Kenyans for exercising their rights under the new Constitution, in particular, the right to petition the Senate so that it can determine issues that have been raised. The number of petitions that are coming in is an indicator that there are some institutions at

June 16th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I need a clarification on what Sen. Ongoro said. Are we attending a meeting at the Intercontinental Hotel or at the Serena Hotel? I have received a message stating that the meeting will be held at the Serena Hotel. So, which is which? Are we creating confusion?

Order, Senators! Sen. Kittony, there is no harm in approaching Sen. Ongoro. Please, could the Chairperson of the Kenya Women Senators Association (KEWOSA) approach her member?

Proceed, Sen. Ndiema.

Mr. Speaker, Sir, I also join my colleagues in applauding those residents of Mandera for bringing up the issues of accountability which are affecting their county. It is a demonstration that the public have confidence in the Senate. I encourage all counties including mine, that if there is any issue, they should bring it to the Senate in the form of a petition because there is that avenue. They should avoid demonstrating because if issues can be sorted out, perhaps it may not be necessary.

Mr. Speaker, Sir, on the issue of Mr. Rop, I do not know whether it is the appropriate time. When the Committee will be considering this issue, members representing special interests should be invited to come to the Senate or the National Assembly, there should be a degree of democracy. I suggest that perhaps for the National Assembly, the Women Representatives are already there and if they have to increase the number, they should consider the runners up; those who were number two instead of going out to fish anyhow.

Mr. Speaker, Sir, I also support the petitioners from Mandera. As my colleagues have said, I appeal to other citizens who feel aggrieved in the management of their resources to come to this House, which, as provided by law, deals with such issues. Sometimes when we raise some of these matters when we are doing our oversight, it is mistaken that we are playing fitina fitina kidogo in the counties. I appeal to the

June 16th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I also take this opportunity to support the petitioners from Mandera. My only worry and disappointment is how these petitions are being handled, for example, the Petition from Narok. There were some funds; about Kshs54 million was identified by the Auditor-General to have been misappropriated but no action was taken. The Committee also sat on that information whereas the people of Narok are also frustrated. I urge the Committee concerned to be impartial and open because there were some question marks when issues were brought before that Committee.

Mr. Speaker, Sir, the honourable Senator for Narok made some serious allegations. If there is Kshs54 million that the Auditor-General has identified and we sat on it, with all due respect, the Senator knows this Committee. He can table any specific issue because we have the audit report and we raised the issues. The HANSARD is available to that effect. Whether there is any misappropriation of revenue and the auditors are categorical that they have not found any, if there is any information that he has, he is at liberty to give it to us and even appear before our Committee and say “this is the information” so that we can then take action. I do not think that we have anything to hide as a Committee. It would not be fair to say that we sat on that kind of information.

Order, Senators! Order, Sen. Ntutu! My understanding of Sen. Ntutu’s statement was that he was being cautionary. Let us take it that way. Let us not make it an issue. The offer that the Chairperson has given is good enough. Sen. Ntutu, if you have any matter, these are your colleagues. You can talk to them.

Proceed, Sen. Mutula Kilonzo Jnr.

Mr. Speaker, Sir, we welcome the Petitions. The Committee on Finance, Commerce and Budget, led by the distinguished Senator for Mandera, has formed a sub Committee on Petitions. We tell all Kenyans that the petitions will be considered expeditiously and we will give everybody an opportunity to be heard.

On the gender issue, I welcome the proceedings that I hear are going to come up tomorrow. I hope that they are legislative so that we can achieve the two-thirds gender rule in Articles 23 and 81 (b) . I would propose that they consider that for every person in counties; if the governor is a man, the deputy should be a lady. If it is the Speaker, vice versa. We must get to a situation where if the President is a man, the Deputy President would be a woman. That is the way to achieve gender parity in this Republic.

Mr. Speaker, Sir, first, I commend the petitioners for acknowledging that the Senate is here and trusting that their issues will be well articulated. I wish to alert the Members of the National Assembly and the Senate that Kenyans who passed the Constitution are aware of the gains that they had given the women. They are monitoring and giving their suggestions on the way forward. They are assisting us. Therefore, it is very important that we work with them so that by the end of the day, we own it.

June 16th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I think what I was going to say has been said by the Senate Minority leader. We as a Senate - these petitions tell that we are not serious. We are not doing our work as it is supposed to be done. We must make sure that this money is spent properly. If I can read wisely, the indication from the public is that we are now being challenged through the Speaker, that the Members of this House have almost abdicated their responsibilities because the Senate does not say anything about any governor here.

We know there are problems but we tend to keep on playing safe. You cannot have your cake and eat it. You either represent the county governments, become their controller or not. Something must be done immediately. Therefore, I would like to support the people who have already petitioned this House. Our people understand their role in the democratic institutions, while we are nursing the problems.

Mr. Speaker, Sir, there are problems in every county government today. However, none of us is capable of explaining what these problems are. We are waiting for the Members of the County Assemblies (MCAs) to take decisions yet they have no power

June 16th, 2015 SENATE DEBATES

Sen. G.G Kariuki, I am a bit constrained to respond to you on that one. The Chair of the County Public Accounts and Investments Committee (CPAIC) has on two occasions sought my ruling that they have done a lot of work on the Auditor-General’s report but the governors have gone to court preventing the Committee from proceeding with that assignment. So, it is not the Senate. The Senate has been very alert and very desirous.

Before then, the other one was where the timelines of the submissions of the audited accounts were being exceeded and the Chair of CPAIC wanted direction and what to do under those circumstances. The reports are not coming for all the reasons; you know that the office of the Auditor-General has not been given sufficient resources. I think that should be put into consideration in your submission.

If you look at the petition from Mandera County, I am actually very impressed. As the rest of you have said, I think Kenyans seems to know the obligations of State institutions, governors, which functions have been devolved and the ones that are still a national function. That is the basis on which they are raising these petitions. I want to encourage Kenyans that this is the path to pursue.

Hon. Members, pursuant to Standing Order No. 227 (1) , the petition should be committed to the relevant Standing Committee; that is, the Committee on Finance, Commerce and Budget. According to the Standing Order No. 227 (2) , the Committee has not more that 60 days to submit the report to the petitioner and lay the same on the Table of the Senate.

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

Order, hon. Senators! Even if it is on the gender agenda, rules must be followed. You do not just shout from where you are. We have given you facilities to communicate.

What is, Sen. (Dr.) Zani?

Mr. Speaker, Sir, sometimes the buttons are not as effective as the voice. Is it in order to request that you also make a ruling on the two thirds-gender rule and which Committee it is going to be directed to?

In fact, now I will be too harsh on you. You are completely out of order because you need to listen.

I said; that being the case, and noting the case of the said one third gender rule is pending before the Committee on Legal Affairs and Human Rights, I direct that the petition in terms of the Standing Orders No. 227 (1) be committed to the said Committee. I also went further and said that in terms of the Standing Orders No.227 (2) , the Committee will be required, in not more than 60 days, from the time of reading the prayer---

June 16th, 2015 SENATE DEBATES

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Tuesday, 16th June 2015:-

The Sessional Paper No.9 of 2013 on National Cohesion and Integration.

Mr. Speaker, Sir, I beg to give the following Notice of Motion: THAT, this House approves the report of the Sessional Committee on Delegated Legislation on the Tobacco Control Regulations 2014, laid on the Table of the House on Thursday, 28th May 2015.

June 16th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. I would like to request for a Statement from the Chairperson of the Standing Committee on Security and Foreign Relations on a very serious matter. As you know, we have had running battles in the border between Meru and Isiolo counties. To our credit, as the leaders of the two counties; the leaders of Isiolo and Meru counties, led by the Senators and our Governors, we met the then Cabinet Secretary for the Ministry of Interior and Coordination of National Government, Hon. Ole Lenku, and agreed that the boundary between our counties should be marked. I am happy that our colleagues, the two Senators, were there. We agreed that the governors for Meru and Isiolo counties as well as the Office of the President would appoint surveyors. The exercise would be coordinated by the Office of the President and their work would be to just mark the boundary. We are not disputing the boundary; we just want it to be marked.

Mr. Temporary Speaker, Sir, this has not happened. Over six months have passed and my request is as follows:

Is the Chairperson around or any Member of the Committee on Security and Foreign Relations?

Please, proceed, Sen.G.G. Kariuki.

Thank you, Mr. Temporary Speaker, Sir. This is a matter concerning boundaries; and looking at this Statement, it is clear that there have been a lot of consultations among the leaders and the agreement has never been reached. On behalf of the Committee, I request that you allow the Chairperson of the Committee on Security and Foreign Relations to answer this question next week on Thursday. I will be most grateful.

June 16th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. Thursday next week is appropriate.

The answer should be ready by Thursday next week.

Please, proceed, Sen. Obure.

Thank you, Mr. Temporary Speaker, Sir. Pursuant to the provisions of the Standing Orders 45 (2) (b) , I rise to seek a Statement from the Chairperson of the Standing Committee on Legal Affairs and Human Rights regarding the Independent Electoral and Boundaries Commission (IEBC) . In the Statement, the Chairperson should address the following:

The Chairperson of the Committee on Legal Affairs and Human Rights, please respond to that.

Thank you, Mr. Temporary Speaker, Sir. I request that the Committee be given three weeks to respond because of the weight of the issues raised by Sen. Obure.

Is three weeks okay with you, Sen. Obure?

Mr. Temporary Speaker, Sir, three weeks is long but acceptable under the circumstances which he has pointed.

Thank you, Mr. Temporary Speaker, Sir. This is a very important issue especially given the fact that there has been profound concern about the IEBC. The IEBC should not be looked at in terms of the commissioners. To me, the commissioners are a very small problem. The real problem, is the public servants in the IEBC; the people who run the machines and know how it functions.

Order, Sen. (Prof.) Anyang'- Nyong'o. Is that a request or is there something else that you want to understand?

I am trying to understand my colleague’s problem because he needs time to get this information. He will need that time because I

June 16th, 2015 SENATE DEBATES

I rule that the Chairperson had already said that three weeks are enough and the Senator who had requested for the Statement had even indicated that three weeks are more than what he was expecting.

The Senate Minority Leader (Sen. Wetangula) : On a point of order Mr. Temporary Speaker, Sir. On a related matter, the Chair ruled that the Vice Chairperson of the Committee on Legal Affairs and Human Rights had handled a Statement almost similar to this on the purported intention of the Executive to set up registration centres in USA and then turn them into polling stations for the diaspora. The Chair ruled that that Statement was to come on the first sitting of the Senate after recess.

I expected that Sen. Sang would bring additional information because I am worried. As we speak, the Ambassador of Kenya in USA, Robinson Githae, is roaming from State to State purporting to establish the number of Kenyans living in those states and cities and even purporting that he is going to set up an agency to issue identity cards to Kenyans living in USA in preparation for what he calls diaspora voting. Since when did it become the work of the Ambassador to do this kind of work which is run by an independent agency called IEBC?

Senator for Bungoma, it is as if you are interrogating a Statement which has not even been given to the House.

The Senate Minority Leader (Sen. Wetangula) : Mr. Temporary Speaker, Sir, it is in furtherance of another Statement which he gave.

On a point of order Mr. Temporary Speaker, Sir. On a related matter, the Chair ruled that the Vice Chairperson of the Committee on Legal Affairs and Human Rights had handled a Statement almost similar to this on the purported intention of the Executive to set up registration centres in USA and then turn them into polling stations for the diaspora. The Chair ruled that that Statement was to come on the first sitting of the Senate after recess. I expected that Sen. Sang would bring additional information because I am worried. As we speak, the Ambassador of Kenya in USA, Robinson Githae, is roaming from State to State purporting to establish the number of Kenyans living in those states and cities and even purporting that he is going to set up an agency to issue identity cards to Kenyans living in USA in preparation for what he calls diaspora voting. Since when did it become the work of the Ambassador to do this kind of work which is run by an independent agency called IEBC?

Senator for Bungoma, it is as if you are interrogating a Statement which has not even been given to the House. The Senate Minority Leader (

Mr. Temporary Speaker, Sir, it is in furtherance of another Statement which he gave.

Did you say you are expecting it to be given out today? The Senate Minority Leader (

Mr. Temporary Speaker, Sir, I do not see it on the Order Paper.

Mr. Temporary Speaker, Sir, I appreciate that I delivered a Statement in this House and the Speaker ruled that a further Statement would be brought. In my understanding, that was to be Thursday – the day after tomorrow.

Thank you, Mr. Temporary Speaker, Sir. I am standing on two issues. First, as we were going on recess, there was the issue of cash transfers to the elderly and disabled which I had raised. I remember even Sen. Mutula Kilonzo Jnr. had

June 16th, 2015 SENATE DEBATES

Sen. Wetangula, are you a Member of that Committee? The Senate Minority Leader (

I know you interact very well with them and so, that order stays.

Sen. Madzayo, what is your take on the first one about the cash transfers?

Thank you, Mr. Temporary Speaker, Sir. I think the role of the Chairperson is over in that aspect and it is the work of the Clerk to take it up now and inform the Cabinet Secretary (CS) responsible to appear before the House.

I can understand the point from which the Senator for Bungoma is speaking. However, he is a Member of that Committee and

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, in fact, to help the Chairman, the direction was very clear; when Sen. Musila requested for the list, it was advanced to him and after the list was advanced to him, it was discovered in the interrogation of that list that there are non-existent or dead persons on that list who are purportedly receiving funds. The direction, therefore, was that the lists be provided in advance so that we can interrogate it. I say so with some element of authority because a certain gentleman in Kilome was given a card three years ago, when they went to withdraw money, they discovered there was no money. This meant that somebody had siphoned the money. It is important that that list arrives before the Cabinet Secretary.

Mr. Temporary Speaker, Sir, once given the microphone, I thought you had given me the Floor.

I know you interact very well with them and so, that order stays.

Sen. Madzayo, what is your take on the first one about the cash transfers?

Thank you, Mr. Temporary Speaker, Sir. I think the role of the Chairperson is over in that aspect and it is the work of the Clerk to take it up now and inform the Cabinet Secretary (CS) responsible to appear before the House.

Are you saying you are having a problem communicating with the Cabinet Secretary (CS) concerned?

Mr. Temporary Speaker, I have just consulted with the clerks when I was in front of you a few minutes ago. I do not think it is procedural for the Chairperson of the Committee to write to the Cabinet Secretary (CS) . However, I will take it up with the Clerk and see to it that it is done within the shortest time possible.

On a point of order, Mr. Temporary Speaker, Sir. I have a lot of respect for the retired Judge, Sen. Madzayo, however, the Chair dealt with this Statement for a very long time until it reached a point where he hit the wall. I think it is only fair that he takes the matter from where he left it. If he is to consult the Clerk, so be it. But as far as this House is concerned, the responsibility lies squarely on the Chairperson of the Committee on Labour and Social Welfare. The Senate Minority Leader (

Mr. Temporary Speaker, Sir, on behalf of the Senators in this House, I want to thank the Chair and state that two weeks would be sufficient but I want to plead that sufficient information be brought. As Sen. Mutula Kilonzo Jnr. suggested, it should be brought at least a week before so that we can interrogate it so that when the Cabinet Secretary comes, we will be in a position to deal with the matter conclusively.

June 16th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, we are on Statements. As a tradition, you had started with requests for statements yet there are statements listed in the appendix of the Order Paper which are supposed to be delivered. I, for example, am expecting a response to a statement from the Committee on Land and Natural Resources on the issue of Mau Forest that I requested four weeks ago.

I understand the seriousness of getting answers to the statements. However, equally, there is also some business which the House needs to transact. Could we reschedule that to tomorrow? Is it okay with you, Sen. Khaniri?

Mr. Temporary Speaker, Sir, most of the Chairmen rarely come to respond to statements. Since they are listed on the appendix of the Order Paper, why should we keep asking for statements? You devoted a lot of time on requests for new statements yet there are very many statements pending. If there is a Chairman who is ready with their response, let them respond. I can see there are about five statements but I am sure most of the Chairmen may not be here. Let it be on record that you called for replies to statements but they were not there to present them.

Sen. Khaniri, I am not worried about them not being present. However, my worry is time. I know that you are one of those who had requested for a response to statements but because of time, we should move to the next Order. We could receive replies to statements tomorrow.

Next Order!

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, I beg to move that the County Allocation of Revenue Bill (Senate Bill No.5 of 2015) be now read a second time.

This is a very important Bill in this House. It is one of the Bills that have specifically been identified in the Constitution as originating from this House. It also touches on the core mandate of this House on allocation of resources to county governments.

Mr. Temporary Speaker, Sir, the Bill provides for the allocation of revenue which is raised nationally and also conditional allocations among county governments for the Fiscal Year 2015/2016. The Bill also has provisions on transfer of county allocations from the Consolidated Fund to the County Revenue Funds.

Mr. Temporary Speaker, Sir, this Bill also provides for publishing of quarterly reports on the transfers made to the counties by county treasuries to county assemblies. At the same time, the Bill also has provisions for mechanisms of dispute resolution on issues regarding revenue allocation between counties.

Mr. Temporary Speaker, Sir, Clause 3 of the Bill is about the objects and purpose of the Act has three main issues. One of them is the allocation of the equitable share of revenue raised nationally. This is the main fundamental responsibility of this House. Article 96 of the Constitution gives the Senate the mandate to represent the interests of and to protect counties. The single most important issue is the representation of the interests of counties which has to do with the allocation of revenue to the counties. Therefore, this Bill provides for allocation of an equitable share of revenue raised nationally in accordance with resolutions approved by Parliament under Article 217 of the Constitution.

Mr. Temporary Speaker, Sir, conditional allocations are also provided for pursuant to Article 187 of the Constitution. I want to go specifically into that detail. On Clause 4, each county government’s equitable share of revenue raised nationally on the basis of revenue sharing formula by Parliament in accordance with Article 217 of the Constitution is set out in the First Schedule in this Bill. I will talk about that formula.

Mr. Speaker, Sir, the Constitution provides that for the first three years, a formula for sharing revenue be developed. A formula was developed before the Senate came into being. That formula will end at around November this year. Therefore, this is the last financial year that the formula is applicable. That formula should be changed next year and a new revenue sharing formula determined.

Early this year, our Committee submitted a proposed formula which was rejected by the House. The Committee – I want to inform the Senators – is working together with

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

An hon. Senator: When?

Sen. Khaniri, I am not worried about them not being present. However, my worry is time. I know that you are one of those who had requested for a response to statements but because of time, we should move to the next Order. We could receive replies to statements tomorrow.

Next Order!

June 16th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, I beg to move that the County Allocation of Revenue Bill (Senate Bill No.5 of 2015) be now read a second time.

This is a very important Bill in this House. It is one of the Bills that have specifically been identified in the Constitution as originating from this House. It also touches on the core mandate of this House on allocation of resources to county governments.

Mr. Temporary Speaker, Sir, the Bill provides for the allocation of revenue which is raised nationally and also conditional allocations among county governments for the Fiscal Year 2015/2016. The Bill also has provisions on transfer of county allocations from the Consolidated Fund to the County Revenue Funds.

Mr. Temporary Speaker, Sir, this Bill also provides for publishing of quarterly reports on the transfers made to the counties by county treasuries to county assemblies. At the same time, the Bill also has provisions for mechanisms of dispute resolution on issues regarding revenue allocation between counties.

Mr. Temporary Speaker, Sir, Clause 3 of the Bill is about the objects and purpose of the Act has three main issues. One of them is the allocation of the equitable share of revenue raised nationally. This is the main fundamental responsibility of this House. Article 96 of the Constitution gives the Senate the mandate to represent the interests of and to protect counties. The single most important issue is the representation of the interests of counties which has to do with the allocation of revenue to the counties. Therefore, this Bill provides for allocation of an equitable share of revenue raised nationally in accordance with resolutions approved by Parliament under Article 217 of the Constitution.

Mr. Temporary Speaker, Sir, conditional allocations are also provided for pursuant to Article 187 of the Constitution. I want to go specifically into that detail. On Clause 4, each county government’s equitable share of revenue raised nationally on the basis of revenue sharing formula by Parliament in accordance with Article 217 of the Constitution is set out in the First Schedule in this Bill. I will talk about that formula.

Mr. Speaker, Sir, the Constitution provides that for the first three years, a formula for sharing revenue be developed. A formula was developed before the Senate came into being. That formula will end at around November this year. Therefore, this is the last financial year that the formula is applicable. That formula should be changed next year and a new revenue sharing formula determined.

Early this year, our Committee submitted a proposed formula which was rejected by the House. The Committee – I want to inform the Senators – is working together with

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

An hon. Senator: When?

This week. Mr. Temporary Speaker, Sir, we want to know why the county roads are still with the national Government. If those county roads are transferred the way we did when we did the transfers of all those functions, the entire RMLF should go to the county governments and not 15 per cent. Instead of them getting Kshs30 billion, they are getting Kshs3.3 billion. This is a matter that this House needs to stand up and be counted so that the counties can get their rights.

Those are the specifics. Details are also available in the Bill. It describes each of those conditional allocations.

Mr. Temporary Speaker, Sir, the last one is the Third Schedule. It looks at the conditional allocations to county governments from loans and grants from development partners. What is happening is that some of the development partners are going round the counties inspecting facilities. If they like your health facility, they want to fund it. We have ongoing projects which were started before the county governments came to specific institutions and programmes. There is a lot of detail in the Bill on all those programmes. In fact, there are even more programmes and institutions in the Bill.

Last year on the Third Schedule, we had Kshs13 billion from donors in grants and loans while this year the total is Kshs10 billion. Out of this Kshs10 billion, the World Bank loan to supplement financing of county health facilities is Kshs508 million. The specific counties which are benefiting are listed here. These are Baringo, Elgeyo- Marakwet and so on and so forth.

Mr. Temporary Speaker, Sir, these are conditional allocations. It will be transferred directly to the county revenue fund which means that they have to budget for them. They will get that money if they meet the agreed conditions. Danish International Development Agency (DANIDA) is providing Kshs844,710,000 to literally all the counties to support health facilities.

Mr. Temporary Speaker, Sir, there are others and the total is Kshs9.3 billion. Of course, the single largest amount is allocated to Nairobi County. I can see that the Senator for Nairobi County is in today. His county is the biggest beneficiary of these loans. Out of Kshs9.3 billion, it will Kshs6.2 billion. These are conditional allocations that will not be transferred to the county government directly. The national Government will provide for it in their estimates and they will spend it on behalf of the county governments. The details of how they will spend this amount are captured in agreements.

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

On a point of order, Mr. Temporary Speaker, Sir. Did you hear the Senator for Mandera County saying that there are forces and people who want to sabotage devolution? Could he substantiate and give the names and details of these characters who want to sabotage devolution?

Mr. Temporary Speaker, Sir, if he wants me to substantiate the obvious I will. A few days ago, he knows that this House had to go into mediation to get money for our hospitals which are without drugs, equipment and medicine. Those Members of Parliament (MPs) in the “Lower House” are an example of a group of people that is opposed or sabotaging devolution.

The hon. Senator knows some of the other members of the society in this country who do not hold devolution dearly. Devolution includes those institutions that have been mandated in the Constitution to protect devolution. One of them is this House. Our Senator should appreciate that the national Government, including the Executive do not hold this House in esteem and it is a fact. How would they allow the National Assembly to remove money provided for oversight of the Kshs259 billion? The National Treasury has the mandate to overrule a recommendation by the Budget and Appropriation Committee. These are all examples. If the hon. Senator wants me to go further, I can.

June 16th, 2015 SENATE DEBATES

Madam Temporary Speaker, I rise to second this Bill. This is possibly one of the only Bills that make the Senate very popular. If this was Christmas my Chair will be Santa Claus because we are now dishing out the money that they have been anxiously waiting for. Otherwise, nobody wants to hear of the Senate when we are discussing matters of accountability.

We are allocating revenue to counties against a backdrop of a lot of things which I want to highlight, so that as we ably support this Bill, we must tell the public that the bulk of the money has been left at the national Government. As I support, I want Kenyans to know how we are prioritizing these resources so that when they look into the eyes of the Members of the National Assembly, they ought to ask them, as Sen. Billow posed, do these people reside on trees or utopia?

They allocated the laptop Project Kshs17 billion, National Irrigation Kshs11.3 billion, National Youth Service allocation has been increased from the original Kshs6.3 billion allocated under Budget Policy Statements (BPS) to Kshs25 billion, parastatals which do not have any programmes that we have seen in the budget have this year received Kshs518 billion. Contingency Fund under the National Treasury was allocated Kshs5 billion. Contingency under the Ministry of Devolution was allocated another Kshs1 billion. The most popular and the flavour of the day, the Constituency Development Fund (CDF) was allocated Kshs35 billion. Leasing of medical equipment was allocated Kshs4.5 billion. The kitty for health under the national Government, was allocated Kshs59 billion. These are staggering figures.

Madam Temporary Speaker, as I support this Bill, it is unfortunate because we are actually just giving a rose with all the thorns. We must be honest that as we allocate Kshs259 or Kshs283 billion to counties, we must tell our people that they have been shortchanged by none other than their brothers and sisters in the National Assembly who do not think that they ought to get that allocation.

In fact, the monies that have been reduced in the schedules that are attached to this Bill include very important aspects. For example, village polytechnics will be

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

Asante sana, Bi Spika wa Muda, kwa kuniruhusu nichangie huu Mswada. Ni furaha kwetu sisi Maseneta kwa sababu tunajua kwamba jukumu kubwa tulilopewa na wananchi walipotupigia kura ni kuhakikisha tumepigania pesa zaidi ziende kule mashinani kama vile Katiba inasema.

Kama vile Mwenyekiti wetu, Sen. Billow, alivyosema, kweli safari ya kutafuta hizi pesa ilikuwa ngumu sana. Ni kama ile ya Musa ambapo ilimbidi apasue jiwe ndipo maji yakatoka. Ni kero sana kwetu na kwa wananchi hasa tukishajua pesa ambazo ni ngumu kupata zitatumika kwa njia mbaya.

Kaunti yangu ya Kajiado imepewa pesa zaidi ikilinganishwa na mwaka uliopita. Mwaka huu wa 2015/2016 watakuwa na Kshs4.4 bilioni. Itakuwa furaha yangu napia wananchi wa kaunti hiyo kuona zile pesa zimetumika vizuri ili kupunguza shida zinazowakumba. Ikiwezekena, viongozi wa daraja zote tushirikiane kabisa kupunguza hizi shida. Haifai watu kuanza kufikiria vile hizo pesa zitaendakwa mifukoni ya watu wengine.

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. I also rise to support the County Allocation of Revenue Bill, 2015. We have seen this Senate go through mediation for this Bill to come.

Mr. Temporary Speaker, Sir, it is important for the county governments to understand that while the Senate allocates funds to them and the national Government remains with a huge sum, we expect them to provide quality services to people. Many years to come people should be able to appreciate why this Senate was the foundation of devolved governments.

Looking at the allocations, Nairobi County takes the lion’s share. But we know that if Nairobi County could collect revenue in a transparent and accountable manner, we

June 16th, 2015 SENATE DEBATES

Order, Senator! I am not Madam Temporary Speaker.

I apologise for that, Mr. Temporary Speaker, Sir. I will be looking at you so that I do not make the same mistake.

Mr. Temporary Speaker, Sir, I have emphasised the issue of accountability. I have asked my fellow Senators to publish all the figures as we give out money. I promise that I will publish all the money that we have given to Kitui County Government since its inception to date. Members of the public along with the Members of County Assembly (MCAs) will assist me in ensuring that the money is properly accounted for.

Mr. Temporary Speaker, Sir, currently, we are undergoing problems of health facilities. I spent part of our recess in touring health facilities in Kitui County. I confirm, to the credit of the Kitui County Government, that I found drugs in all health facilities that I visited. Recently, we were told that health services will be returned to the national Government because certain things are missing in county governments.

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

Order, Sen. Orengo! You are completely out of order.

On a point of order, Mr. Temporary Speaker, Sir. It is clear under our rules of debate that a Senator must be responsible for the factuality of whatever they state during debate. She has told us, and I am very happy to hear, that the beautification and clean-up of Nyeri was done and the Catholic Church actually paid for it. Could she support that statement with facts to demonstrate that it was not the Government of Kenya, or the county government, but the Catholic Church which did that good work? Otherwise, she will be misleading the House. Could she table the evidence to show?

Mr. Temporary Speaker, Sir, before I table any evidence, he also needs to show us where the government spent its money because he is the one who brought the issue. That is why I defended my Catholic Church. He is the one who claimed that the Catholic Church used government funds. So, he should substantiate that. I will go to Bishop Njue, and bring the documents of the Catholic Church.

June 16th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, indeed, it is my responsibility, but again, may I remind the Senator that a Senator is not expected to substantiate that which is already in the HANSARD. It is in the HANSARD of this House that I rose and demanded for a Statement about the same for Obama, that the debate of Nyeri also arose. We were assured that if funds will be available then roads in Kogelo and Kisumu will be done in the same way that they were done in Nyeri. My understanding is that since that Statement came from the Government, they were confirming that, probably, the same efforts used in Nyeri will be used in Kogelo and Kisumu. I have substantiated.

Hon. Senators, let us not dwell so much on that matter because her point was quite clear. She was trying to reinforce on how efficient the governors should be. They should not wait, for instance, for Sen. (Dr.) Khalwale to go to Kajiado so that the Governor for Kajiado can construct the roads.

Mr. Temporary Speaker, Sir, if the Catholic Church hears this coming out of the Senate, they will not be happy because I know that every Catholic

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

On a point of information, Mr. Temporary Speaker, Sir. I would like to thank Sen. Elachi for accepting to be informed. I want to inform her that there is no change by virtue of creating the new Ministry of Water and “something.” The only thing that was added in that place was the Cabinet Secretary. Otherwise, the Principal Secretary, the deputy and everybody else were there in that particular department. So, there is no justification whatsoever. Therefore, I agree with you that we will hold them to account in 2016 because it is a joke.

Mr. Temporary Speaker, Sir, since we now have a new Cabinet Secretary, I would want to see what will happen. I do not want to judge him now because he has just been appointed to the Ministry. Let us wait and see, maybe he will work differently. Perhaps, the other one was overloaded because environment and water are two huge sectors that cannot be dealt with together.

I beg to support.

Mr. Temporary Speaker, Sir, I stand to support the County Allocation of Revenue Bill, 2015. This is a very important Bill that we have to pass as the Senate that gives allocations for the counties. Most counties are looking forward to this allocation in terms of progress so that they can move on with the work that they are doing within the various counties.

Mr. Temporary Speaker, Sir, the equitable share of revenue raised that is being shared is Kshs259 billion together with conditional funds that amount to almost Kshs21 billion. As has been said by other speakers before me, we are talking about the portion that is given to the counties, but there is also a large portion of it, 85 per cent that has been given to the national Government.

It is also important to pinpoint some of the areas where a lot of money has been put in and to question the kind of structures that have been put into place early enough so that we can ensure that the collaboration and the hard work that counties are undertaking is also replicated within the national Government. If you are looking at a school feeding

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, I support this Bill that seeks to apportion revenue available to the 47 county governments. The amount of money that is available to the counties is still a far cry from what the counties require. A figure of Kshs259 billion out of a budget of Kshs2 trillion is still small considering that this money that is going to the counties is money that is going to the grassroots or directly to the people of Kenya who we represent in this House. When we talk about the Constitution, it gives sovereignty to the people and that authority is exercised through the elected leaders.

If all Kenyans were to be asked how much money should go to the counties, certainly it would not be the figure we are talking about. Nevertheless, the Senate has tried all it could as the defender of counties to safeguard and ensure that they get what they deserve. We may not have succeeded in getting what we needed, but certainly the counties are going to get more than what they got last year. This is not to say that we are complacent. I believe that come next year we should be able to raise this figure by all means even if it means having some constitutional amendments to ensure that counties get their share.

Mr. Temporary Speaker, Sir, the formula for distribution of funds to the counties is a formula that we inherited when we came to this House. Next year, we should be able to come up with our own formula that will ensure more equitable distribution of resources. In the first year, the formula may have been appropriate. However, since the funds have kept increasing, the gap between the county that receives the highest amount of funds and the lowest is widening. We should consider other parameters to ensure that the gap is lessened.

When we look at the estimates of expenditure as expounded by the Cabinet Secretary, it is evident that there are more funds being taken away from functions which

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. I rise to add my voice in support of this Bill. I would like to remind us all and the Governors who are going to be the main custodians of these funds that they need to relook at the Constitution, specifically the provisions that were given on devolved units. It should be a matter of priority for every governor to, probably, print in bold Article 174 of the Constitution and have it pasted in his office, if not for anything, but to help him remind himself about the objects and principles of devolved governments. As he executes and runs the affairs of his respective county, he will constantly remind himself of the responsibility that has been bestowed upon him, not only by his people, but by Kenyans.

It is, indeed, very sad that in this House, we have considered certain issues of priority emanating from some counties, but leave a lot to be desired in terms of priority expenditure. Devolution was meant to decentralize power and resources to the people, improve the welfare of the people at that grassroots and take governance closer to the people. It was not meant to be a fortified institution benefiting a few people and creating dynasties. Because of that, I speak on behalf of many Kenyans who support devolution.

In spite of all the good tidings that are coming from devolution and the development that is being experienced, especially in areas that have not experienced this before, we must be wary that during this political dispensation, we are dealing with

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, I support this Bill that seeks to apportion revenue available to the 47 county governments. The amount of money that is available to the counties is still a far cry from what the counties require. A figure of Kshs259 billion out of a budget of Kshs2 trillion is still small considering that this money that is going to the counties is money that is going to the grassroots or directly to the people of Kenya who we represent in this House. When we talk about the Constitution, it gives sovereignty to the people and that authority is exercised through the elected leaders.

If all Kenyans were to be asked how much money should go to the counties, certainly it would not be the figure we are talking about. Nevertheless, the Senate has tried all it could as the defender of counties to safeguard and ensure that they get what they deserve. We may not have succeeded in getting what we needed, but certainly the counties are going to get more than what they got last year. This is not to say that we are complacent. I believe that come next year we should be able to raise this figure by all means even if it means having some constitutional amendments to ensure that counties get their share.

Mr. Temporary Speaker, Sir, the formula for distribution of funds to the counties is a formula that we inherited when we came to this House. Next year, we should be able to come up with our own formula that will ensure more equitable distribution of resources. In the first year, the formula may have been appropriate. However, since the funds have kept increasing, the gap between the county that receives the highest amount of funds and the lowest is widening. We should consider other parameters to ensure that the gap is lessened.

When we look at the estimates of expenditure as expounded by the Cabinet Secretary, it is evident that there are more funds being taken away from functions which

June 16th, 2015 SENATE DEBATES

June 16th, 2015 SENATE DEBATES

Order! Sen. Ndiema, when the Senate resumes tomorrow, you will still have five minutes.

Hon. Senators, it is now 6.30 p.m., time for interruption of the business. Therefore, the Senate stands adjourned until tomorrow, Wednesday, 17th June, 2015, at 2.30 p.m.

The Senate rose at 6.30 p.m.