June 23rd, 2015 SENATE DEBATES

Hon. Senators, I am in receipt of a Message from the National Assembly to the Senate, dated 19th June, 2015 and received in the Senate on the same day, regarding the Presidential Memorandum on the Public Procurement and Asset Disposal Bill (National Assembly Bill No.40 of 2014) . It is signed by the Speaker of the National Assembly.

In accordance with Standing Order No.40 (4) of the Senate Standing Orders, I hereby report to the Senate the Message of the National Assembly which is as follows:-

PURSUANT to the provisions of Standing Orders 41 and 142 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly-

THAT WHEREAS, in exercise of powers conferred on him by Article 115 of the Constitution, His Excellency the President refused to assent to the Public Procurement and Asset Disposal Bill (National Assembly Bill No.40 of 2014) and referred the Bill to Parliament for reconsideration;

AND WHEREAS, the National Assembly, on Thursday, June 18, 2015 reconsidered and passed the Bill, fully accommodating the President’s reservations and without proposing any amendments to the said reservations;

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

Motion to approve the President’s reservations, fully accommodating the President’s

June 23rd, 2015 SENATE DEBATES

Mr. Speaker, Sir, I start by commending you. If you allow me, may I make a few comments on the ruling that you have made. Article 115 (1) (b) is very clear and explicit. It starts by saying that the Bill will be referred to Parliament. The interpretation of Parliament now has become very clear. Parliament refers to both the National Assembly and the Senate. That is very clear within our specific circles.

Also, in Article 4, Parliament, after considering the President’s reservations, will have both the Houses vote. It gives a very high threshold of two-thirds which is very clear. Therefore, the fact that the National Assembly can even think about surpassing the Senate is very bad. First, it will set precedence, because this is the first Presidential Memorandum that we are receiving. Therefore, it is important that the procedure is followed clearly and to the letter.

Secondly, you also indicated that this is outlined in their Standing Orders. Standing Order No.155 of the National Assembly indicates exactly what the procedure

June 23rd, 2015 SENATE DEBATES

Next order.

Mr. Speaker, Sir, I rise to issue a Statement in regard to the request by Sen. Kisasa on Genetically Modified Organisms (GMOs) . Ensuring food security is one of the core mandates of the Ministry of Agriculture, Livestock and Fisheries. Kenya faces challenges of food insecurity and malnutrition, climate change, pests, diseases as well as degraded soils, which raise concerns on the ability of the farmers and the country to ensure that there is food security for all. The solution to some of these challenges in the agricultural sector lies with biotechnology.

Kenya is a signatory to the Cartagena Protocol on Biosafety, of United Nations Convention on Biological Diversity; having signed the Protocol in the 2000 and ratified it in 2003.The Government of Kenya subsequently approved the National Biotechnology Policy in 2006. The Policy provides for a responsible use of biotechnology in addressing some of the challenges in agriculture.

Kenya has banned the importation of genetically modified products since 2012 due to lack of sufficient information regarding the public health impact of genetically modified foods. A task force domiciled in the Ministry of Health was established by the Kenya Government to review and evaluate scientific information on the safety of genetically modified food on human health and advise on the future GMO related trade

June 23rd, 2015 SENATE DEBATES

An

He is reading the Statement.

Mr. Speaker, Sir, I am trying to reduce it because it is too long. The national framework oversees GMO activities in our country; this chronology of events in policy making shows that as a country, Kenya is prepared to promote the production, commercialization and use of genetically modified food and products. The Government has also published four regulations that cover all areas of GMOs, including research, production, import, export, trans-boundary, using industries, food and feed.

The development agenda for Kenya is anchored on Vision 2030 which is the development blue print for the country which aims to create a globally competitive and prosperous country with high quality of life by 2030. In the medium term plan, one of the priority programmes of the Kenya Government is delivery of genetically modified crop varieties for commercial production by Kenyan farmers by 2017. The objective of this project is to facilitate the commercialization of genetically modified crop varieties as products of modern biotechnology.

The above actions by the Government demonstrate openness and willingness to embrace modern technologies that will supplement existing agricultural methods in food production, but in a responsible and well regulated manner. This includes the use of GMOs. In this respect, the Government is cognizant of the need to continuously review and strengthen mitigation measures, put in place and build sufficient capacity to handle GMOs.

With regard to the second question to state whether Water Efficient Maize for Africa (WEMA) is a genetically modified crop and if so, what is the Government’s position on its production; the answer is as follows:

WEMA is a public-private partnership consortium to develop and deploy royalty free African crop tolerant and insect pest protected white maize varieties for farmers. The African Agricultural Technology Foundation (AATF) based in Nairobi, Kenya is leading the partnership.

The WEMA is a research project being implemented in five countries, including Kenya, Uganda, Tanzania, Mozambique and South Africa, as a response to addressing challenges arising from the climate change by developing and promoting maize varieties that are drought tolerant and insect resistant. WEMA partners are involved in research and production.

Vice Chair, I am working on the assumption that the Member already has a copy.

Yes, Mr. Speaker, Sir, the Member already has a copy.

Then, just conclude.

June 23rd, 2015 SENATE DEBATES

Mr. Speaker, Sir, so far, the varieties of WEMA maize, which have already been released to the farmers, are purely conventional hybrids and are not genetically modified. However, research on the GMO maize that is drought tolerant and insect resistant is going on in the Kenya Agricultural and Livestock Research Organization (KALRO) confined field trials in Kiboko Centre. Seeds of this technology have not been approved or availed in the market. Once research on their efficacy and safety is fully assessed, the consortium will make an application to the National Bio- Safety Authority for consideration.

Regarding Question 3 on the steps that the Government is taking to ensure that food security in the country is enhanced considering the harsh climatic conditions that Kenya is facing, I would like to say that Bio-Technology is one of the tools that can be used to address food security. However, as earlier mentioned, research is still going on to ensure safety. In the meantime, the Government is taking several steps to enhance food security. Which are as follows:-

Mr. Speaker, Sir, I would like to thank the Chairman for the comprehensive Report.

Mr. Speaker, Sir, later, I will be seeking further clarification after Sen. Khaniri.

Sen. (Prof.) Lonyangapuo, if the author of the Statement is very satisfied, who are you not to be.

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

Sen. (Dr.) Machage, I hope you do not want to contribute on the first Statement, it is over.

Mr. Speaker, Sir, with your indulgence, that was a very important Statement on food security in this country. It was read in bits here and there. Would I be in order to ask that, one, you allow that Statement to be distributed to us. Two, defer the conclusion of the same, so that we interrogate it adequately. It is a very important Statement!

Hon. Senators, I will grant the first request. Let the Statement be distributed to all Senators. I will disallow the second request. Look at it and interrogate it in the Committee. If you are not satisfied, I am sure that you have sufficient

June 23rd, 2015 SENATE DEBATES

Mr. Speaker, Sir, I rise to respond to a Statement sought by Sen. Okon’go of Nyamira County. He wanted my Committee to explain the following:-

Mr. Speaker, Sir, I take this opportunity to thank the Chair for the well informed positions. I agree with the sentiments there in.

You seem to be doing very well today. Let us keep it up.

Mr. Speaker, Sir, allow me to acknowledge that there was a report that stands the test of today. I want the Chairman to take note of a very small fact; that the misuse of riparian land across the county is huge. There is theft of riparian lands by land grabbers across the county. There seems to be some confusion regarding who this land

June 23rd, 2015 SENATE DEBATES

Mr. Speaker, Sir, I know I am misusing the opportunity---

Order, Senator! You are convicted on your own admission. So, I will not allow you to continue.

Please, proceed, Sen. Khaniri.

Mr. Speaker, Sir, there was no question to answer. I think that he wanted me as the Chairman and the Committee to take note of the importance of riparian land. I guarantee him that we will do that and should he come across any case where individual companies or anybody is grabbing these kinds of land or doing unnecessary developments there, then he can bring it to our attention and we will take the necessary action as I did in the case of Nyamira County.

Is there a response on Statement No. (a) on the Order Paper?

What is it, Sen. Murungi?

Thank you, Mr. Speaker, Sir. I just need your guidance regarding the Statement that I requested, listed on the Order Paper as “ (b) ”. I have been waiting for a response to this Statement for the last three weeks. However, I cannot keep waiting any longer.

Order, Sen. Murungi! Are you referring to Statement “ (b) ”?

Yes, Mr. Speaker, Sir. It is a request for a Statement from the Chairperson of the Standing Committee on Finance, Commerce and Budget on the review of rates for allowances in the Public Service by the Salaries and Remuneration Commission.”

My apologies. That should be “ (c) ”. If you noted, we had started with (a) and (b) had been covered. So, yours would have been covered next if you had been patient. However, now that your patience came before the real patience, where is the Chairperson of the Committee on Finance, Commerce and Budget, the Vice- Chairperson or any Member? The Committee now has two Statements to issue on the Order Paper.

Thank you, Mr. Speaker, Sir. As a Member of the Committee, I was also waiting for my Statement from the same Chairman. However, as I speak, he is held

June 23rd, 2015 SENATE DEBATES

The Statements will be listed in tomorrow’s Order Paper. Let us proceed to Statement “ (d) ”.

Please proceed, Sen. Halima.

Thank you, Mr. Speaker, Sir. We are yet to receive the Statement from the relevant Ministry, but I under take to report progress on Thursday, this week.

Thursday will be fine. Let us proceed to Statement “ (e) ”.

Where is the Chairperson of the Committee on Agriculture?

Sen. Murungi.

What is it, Sen. Ndiema?

Thank you, Mr. Speaker, Sir. I believe that you are asking about the question on Gatitu Nyayo Tea Factory. If that is the case, I seek indulgence because the Statement is not ready. I ask that I be given until Tuesday, next week.

Order, Senator! First, I do not believe that it is the same question because it is as per the Order Paper. Secondly, I was expecting the Chairperson, who is present, to undertake his task. He cannot decide to donate to you, particularly when he had already stood to inquire about his own Statement “ (b) ”, which should be “ (c) ”.

Please, proceed, Sen. Murungi.

Thank you, Mr. Speaker, Sir. In the Committee on Agriculture, Livestock and Fisheries, we have devolved functions. In our devolved functions, it is the Vice Chairman who deals with the Statements which come before this House. So, we hope that you will assist us to implement that arrangement.

You need to bring the same to the attention of the Speaker. That is the only way that I can assist you. I know that you trust I can read your mind, but not on this one.

Let us proceed to Statement “ (f) ”. Where is the Chairperson of the Committee on Land and natural Resources, the Vice Chairperson or any member of that Committee?

Please, proceed, Sen. Obure.

June 23rd, 2015 SENATE DEBATES CONTINUED DESTRUCTION OF MAU FOREST

Thank you, Mr. Speaker, Sir. This matter has been discussed fully in the Committee on Land and Natural Resources of which I am a Member. The response is ready, but as you can see, the person who sought the response is Sen. Khaniri, who is also the Vice Chairperson of that Committee. Therefore, he cannot answer his own question. In the circumstances, the Chairperson has requested that I seek your indulgence because he wants to answer this question himself, taking into consideration its significance and the interest that it is likely to generate around the country. He has, therefore, requested that the question be answered on Tuesday, next week.

Hon. Senators, I have always said that for efficiency of our business, there is no harm in approaching the Chair and making me know without subjecting us to a process of whether the neighbour and the one who sought the question is the Vice Chairperson of the Committee.

When will the Chairperson be available?

The Chairperson will be available on Tuesday, next week.

So ordered. Please, proceed, Sen. Murungi.

Thank you, Mr. Speaker, Sir. Mine is on Statement “ (b) ” on the Order Paper. We were informed that the Chairman of the Committee on Finance, Commerce and Budget is not present and it was suggested that the Statement be issued tomorrow. So, I will wait for tomorrow.

Sen. Murungi, I had said as much. That “ (a) ” and “ (b) ” which should be “ (c) ” as you can see that “ (b) ” is repeated, should be responded to tomorrow.

Order, Members! Let us now turn to the Supplementary Order Paper. I hope every Member has a copy. Let us move on to Order No.8; Notices of Motion.

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

THAT, whereas the Public Procurement and Asset Disposal Bill (National Assembly Bill No. 40 of 2014) was passed by the Senate on 20th May, 2015 and by the National Assembly on 26th May, 2015, and;

June 23rd, 2015 SENATE DEBATES

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

THAT, pursuant to Article 124 (1) of the Constitution, the Standing Orders of the Senate and the resolution of the Senate during the special sitting of the Senate held on Monday 15thJune, 2015, the Senate approves the following Senators as Members of the Select Committee on Legal and Constitutional Review:-

June 23rd, 2015 SENATE DEBATES

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

THAT, WHEREAS the Public Procurement and Asset Disposal Bill (National Assembly Bill No. 40 of 2914) was passed by the Senate on 20th May 2015 and by the National Assembly on 26th May, 2015, and;

WHEREAS, the Public Procurement and Asset Disposal Bill (National Assembly Bill No. 40 of 2014) was presented to His Excellency the President for assent in accordance with the provisions of the Constitution on 27th May 2015, and; `

WHEREAS, His Excellency the President declined to assent to the Public Procurement and Asset Disposal Bill (National Assembly Bill No.40 of 2014) and sent a memorandum to Parliament on 10th June 2015;

NOW, therefore, pursuant to Article 115 of the Constitution and Standing Order Nos.158, 216 and the Fourth Schedule of the Senate Standing Orders, the Senate resolves to appoint the following Senators to the Joint Committee to consider the memorandum of his Excellency the President on the Public Procurement and Asset Disposal Bill (National Assembly Bill No. 40 of 2o14) .

June 23rd, 2015 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. Did you hear Sen. Keter say that this House has been making noise? Do we really make noise in this House? Is he in order?

What did you say, Sen Keter?

Thank you, Mr. Speaker, Sir. I thought Sen. (Dr.) Machage was not listening. I withdraw my statement that “the Senate has been making noise” and substitute it with ---

What Sen. (Dr.) Machage heard is not what I heard. Sen. (Dr.) Machage heard you say that “this Senate has been making noise”, but that is not what you said. You said that “we have been making noise”. I thought he was going to challenge you on the “we”.

Mr. Speaker, Sir, of which he did not. The House does not make noise. Let me substitute it with “we have been raising issues” as the Senate. That rests my case.

Nonetheless, Sen. Keter, Sen. (Dr.) Machage is still perfectly in order. As long as the use of the word “we” refers to Members in this House, there is no Member of this House that is capable of making noise.

Mr. Speaker, Sir, noted. With those few remarks, I wish to welcome Sen. (Dr.) Zani to second this Motion. I beg to Move.

Thank you, Mr. Speaker, Sir. I rise to support this Motion. The sequence was very clear; the dates on the respective dates of the Senate passing the Bills on 20th May, 2015 and for the National Assembly---

On a point of order, Mr. Speaker, Sir. This Motion is seeking to appoint certain Members of this House to a committee and I see Sen. (Dr.) Zani’s name is one of those names that the Motion is seeking to approve. I am seeking your guidance on this particular issue; is it in order for her, being an interested party, to second the Motion? Would it not have been neater and nicer for somebody else to second the Motion other than a Member who is being proposed to be on the committee?

Sen. Khaniri, you are perfectly in order to raise that particular point of order. I also do not see any reason on the face of it why a Member proposed on the Committee should not second, move the Motion or even contribute to the Motion. Are you saying that because you have been proposed, you cannot even

June 23rd, 2015 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. I am standing to agree with your ruling. I proposed Sen (Dr.) Zani because we both sit in the Rules and Business Committee (RBC) . We deliberated on this issue this afternoon and so it was not intentional; it is because we sit in the RBC.

Mr. Speaker, Sir, thank you for allowing me to contribute to this Motion. I am contributing as an ordinary Member interested in this whole issue because I think it is a critical issue.

I was saying that the sequence is very clear for both the Houses. Both Houses were able to pass the Bill on the respective dates. The Senate on passed on 20th May, 2015 while the National Assembly did so on 26th May, 2015.

On a point of order, Mr. Speaker, Sir. I want to seek your guidance again on the same matter because my good friend Sen. (Dr.) Zani had actually spoken on this matter and this is the second time she is doing it. Could you make a clarification for my benefit?

Sen. Kagwe, you are connecting unrelated processes.

Proceed, Sen. (Dr.) Zani!

Thank you, Mr. Speaker, Sir. At that time, I was not contributing to a Motion that I am now seconding as Sen. Kagwe alleges.

Mr. Speaker, Sir, the dates are there; the Senate passed the Bill on 20th May, 2015 and the National Assembly passed it on 26th May, 2015. Of course, we are discussing the Public Procurement and Asset Disposal Bill. The President was to assent to the Bill on 27th May, 2015. This did not happen. What the President did instead was to send a Memorandum to Parliament. The key word here is “Parliament”. When we listen to various people speaking they confuse that term. This has happened many times and even at an event you stressed that Kenyans have to realize that when we talk about Parliament we are talking about the National Assembly and the Senate.

I think that confusion should be eradicated so that it is very clear that when we refer to Parliament, we are referring to the National Assembly and the Senate. In the first place, the process included both the National Assembly and Senate, it is only fair that the process is concluded by both Houses. The issues that have been raised by the President in the Memorandum need to be articulated and processed by both Houses.

Mr. Speaker, Sir, the proposal for the joint-committee has already been made in the respective Standing Orders; Standing Order No.155 of the National Assembly and Standing Order No.153 of the Senate. The process is very clear. What we expected in terms of the trajectory that should have happened is that this joint committee should have already been formed.

The Senate should have given the names of five Members and the National Assembly should have also given their set of five Members so that we have a committee of ten Members. These ten Members would then make an agreement on the way forward so that they now present the Bill in a form that is acceptable or respond to the

June 23rd, 2015 SENATE DEBATES

Thank you, Mr. Speaker, Sir, for giving me this opportunity to support this Motion. If you look at Article 131 of the Constitution, the President is supposed to safeguard, protect and defend the Constitution. Therefore, when a matter like this reaches the President, it is not just a question of looking at the Bill and the content of the Bill, there is also the question of the President ensuring that the Bill was enacted in accordance with the Constitution. There is a whole chapter or part of the Constitution dealing on how Bills that come to Parliament should be enacted.

Mr. Speaker, Sir, when you look at Article 115, the choice of the words there is very deliberate. The President is never required to refer a Bill back to the National Assembly or the Senate. The referral of a Bill by the President is to Parliament. It is obvious, from the provisions of the Constitution, that it may have to do with many other issues. The President being a guarantor and a defender of the Constitution should not only look at the content, but also the process.

Mr. Speaker, Sir, this Motion, therefore, makes a lot of sense. In fact, it is rational that a Bill which is a product of mediation between the National Assembly and the Senate, in consideration of the referral by the President, there should be a mediation process again so that we do not replicate or compound a process which had to done through mediation.

Mr. President, Mr. Speaker, Sir--- I was just about to promote you. Sorry for the slip of the tongue. Maybe, it may come to happen one day.

An hon. Senator: He is the President of the Senate.

Yes, I agree with you that he is the President of the Senate.

June 23rd, 2015 SENATE DEBATES

Mr. Speaker, Sir, from the outset, I would like to join my colleagues in congratulating you for bringing this matter to the House in the manner which you did.

Mr. Speaker, Sir, it is important for us to send a very clear message to the National Assembly. No House can speak on behalf of another. This is one situation where we have two brothers; the Senate being a brother to the National Assembly. It is one of the situations contrary to the biblical saying where, “you cannot be your brother’s keeper.” This is because it is not possible for us to tell what Members of the National Assembly think about. Likewise, it is not possible for Members of the National Assembly to tell what the Senate is thinking about.

Mr. Speaker, Sir, I also want to point out that the matter in question is related to procurement, notwithstanding the fact that I have not seen the memorandum from the President. Nonetheless, procurement issues today in the devolved system of government are crucial as far as counties are concerned. Indeed, the bigger considerations in this Bill are, probably, issues to do with disposal and procurement within counties as we know.

Mr. Speaker, Sir, I hope and pray that the National Assembly will not start a tirade of the fact that the Senate disagrees with it. The Senate is simply agreeing with the law. It is important to make the distinction. You can disagree, but what we are doing is basically following the law. Since this is the first issue that we are dealing with, it is also important for us to send the message to the two Speakers. That is you, the Speaker of the Senate and hon. Justin Muturi, the Speaker of the National Assembly.

Mr. Speaker, Sir, it is important for consultations to be done at a higher and better level than we have witnessed. This is because had there been the kind of consultations that we believe should be there, this matter would not have been at the point that you explained.

June 23rd, 2015 SENATE DEBATES

Mr. Speaker, Sir, I rise to support the Motion as moved by the Deputy Senate Majority Leader.

Mr. Speaker, Sir, as I support the Motion, allow me to thank you for the elaborate communication that you made to the House this afternoon. You gave the House the proper procedure as laid down in the laws on how to handle a memorandum from the President.

Mr. Speaker, Sir, time and again, we, under your leadership, have demonstrated that the Senate is a House that follows the laid down laws, respects that Constitution and our own Standing Orders that guide debate in this House. I request you not to tire. In the past, I know you have followed the law and the correct procedures, but in the end, the Senate ends up losing. That should not discourage you because truth will set us free. We encourage you to continue guiding the House the way you have done ever since the House was inaugurated. At the end of the day, we will have the last laugh.

Mr. Speaker, Sir, I support Members who have been selected to form the committee. It is a good gender mix. They are people with a lot of experience and I have a lot of confidence in them. I believe that my teacher, Sen. (Prof.) Anyang'-Nyong'o, Sen. Billow and the rest will represent us well in the joint committee. Let them know very well that they have our full backing. We, as a House, will back up whatever decisions they make. We wish them well.

Mr. Speaker, Sir, we support this procedural Motion.

Mr. Speaker, Sir, I also rise to support this Motion. As stipulated in Article 115 of the Constitution, every step is indicated to show how a Bill that has been referred should be handled.

As Sen. Orengo said, in this Article there is nowhere written “National Assembly or Senate.” It is indicated “Parliament.” For that reason, even a layman would know that since these two Houses exist, the two Speakers should have been summoned and told that this Bill has been referred. If for any good reason the Speaker of the Senate were absent, the Speaker of the other House would have noted and known that this is a shared responsibility that needs to be addressed. From the detailed Communication that you gave, it looks like the National Assembly went ahead and dispatched this business, as if it was any other Bill that originates from that House. It never bothered that we exist.

Mr. Speaker, Sir, it is paramount that we follow the law and stand by it. In this case, as proposed by the Senate Majority Leader, the list has five Members. This Public Procurement and Asset Disposal Bill is very critical. In the morning, issues to do with procurement were being debated on television. A number of experts had a discussion on what is happening with regard to corruption which is related to procurement.

June 23rd, 2015 SENATE DEBATES

Thank you, Mr. Speaker, Sir. Indeed, it would have been very appropriate if your Communication to this House would have copied also to the “Lower House,” for them to understand and appreciate how our own Speaker in this House understands law and procedure.

There are lots of legislations that have gone through the “Lower House” that have actually found themselves on the desk of the President. Some have been assented into “law.” I believe that this House should not just ignore. We should address each of those “illegal” laws that have been created as a result of selective amnesia with regard to the Constitution. The five Members that have been selected by this House are quite appropriate. They are well knowledgeable Members who are respected by this House. They will carry out this exercise well.

Mr. Speaker, Sir, I would like to draw your attention also to Standing Order 216 which says:-

“A Senator appointed to serve on a Joint Committee at the commencement of a Parliament or at any other time during the term of a Parliament shall, unless the Senate otherwise resolves, serve for the term of that Parliament.”

It means that these five Senators, as per this Standing Order, unless we otherwise decide later, will remain for the rest of this term to serve for this purpose whenever need arises.

Mr. Speaker, Sir, I beg to support.

Mr. Speaker, Sir, I also rise to support this Motion. In so doing, I would like to refer the House to Article 93 of the Constitution which reads:-

“ (1) There is established a Parliament of Kenya, which shall consist of the National Assembly and the Senate.

June 23rd, 2015 SENATE DEBATES

Mr. Speaker, Sir, thank you for giving me the chance to contribute to this Motion. Kenyans passed the Constitution knowingly and intentionally. This Constitution must be implemented to the letter. In the Constitution, Parliament means the Senate and the National Assembly. These particular provisions of the Constitution must be adhered to. Therefore, it is very important. I support the fact that the Presidential Memorandum has been brought to the Senate.

The Public Procurement and Asset Disposal Bill is very important to Kenyans, especially the counties. The Senate being the institution with the oversight role must know everything that is happening and be seized of all the laws and the matter.

Having said that, I wish to applaud the people who constituted this Committee; it is gender sensitive and has adhered to the affirmative action. This is what the women of Kenya have been asking for. However, I would urge that in future, other Senators also be given a chance to sit and perform in these Committees.

I beg to support.

June 23rd, 2015 SENATE DEBATES

Mr. Speaker, Sir, thank you for giving me this opportunity to add my voice to the Motion before us. A lot has been said and, therefore, I will be brief. It is important for us to follow the law. Many of my colleagues who are lawyers have stated what the Constitution says. Also the Standing Orders of both Houses state what happens in such a situation. If you read the Motion, it is clear that the Memorandum was sent to Parliament. We cannot be using the word “Parliament” to suit different Houses at different times. If it is Parliament to mean both Houses, then it is so.

I like what Sen. Orengo said, that sometimes it is just about courtesy and good manners in everything that we do, not just for us parliamentarians, but for everybody else. Therefore, the whole issue of accepting constitutionalism as a country and following it to the letter is something that we all need to do.

I have confidence in the Senators who have been nominated to sit in this Committee to review why this Bill was not signed into law, what amendments are to be made and why it was brought back to both Houses. I hope that when it finally happens, we will not see what we have seen severally where once we discuss, debate and pass things which are from a mediated point, then the views of one House are disregarded. We hope that will not happen. I believe that those who will sit in this Committee will add value. I am sure that this House will also add value once it comes back to the Senate and the National Assembly.

I beg to support.

Hon. Senators, it is fairly straightforward. I have one more name. So, we will conclude with Sen. Elachi after Sen. Muthama.

Mheshimiwa Spika, ninashukuru kwa nafasi hii. Ninasimama kuyaunga mkono majina haya ili yaweze kupitishwa mara moja na kufanya kazi inayohitajika. Ninaungana na wenzangu nikisema kwamba ni aibu kubwa sana kuona kwamba sisi Maseneta tuliochaguliwa na kura nyingi kuliko wao ukizingatia kura ambayo kila Seneta alipata, kuona kwamba jambo lolote likipitishwa hapa, likifika kwao wanalifanyia mzaha.

Bw. Spika, ninakushukuru sana kwa taarifa uliyotoa hapa leo na kwa msimamo wako ambao umesimama nao kutoka mwanzo kuhusiana na Bunge la Seneti na Bunge la Kitaifa. Sisi tumechaguliwa kuilinda Katiba. Rais pia yuko pale kulinda Katiba. Lazima tuongozwe na Katiba na sheria tunazopitisha hapa. Kama kila mtu atakuwa anafanya anayoyafikiria bila kuzingatia Katiba, taifa hili litaelekea katika njia panda na mwisho litapotea. Hakutakuwa na mtu hata mmoja anayestahili kutii sheria.

Jambo lililofanywa na Wabunge wa Bunge la Taifa ni jambo la aibu sana. Mheshimiwa Spika, nakuhimiza usimame na msimamo huo, usitingizwe na mtu na usishtuliwe na jambo lolote kwa sababu unasimama kulingana na Katiba. Utadhulumiwa na kuitwa majina. Seneti itadunishwa na kuitwa “Nyumba ya wazee” waliostaafu. Wewe ni mmoja wao, lakini usitingizike. Simama imara ili tuweze kuliongoza taifa hili kwa sheria taratibu na vile mambo yamepangwa.

Kwa hayo machache, Bw, Spika, ninaunga mkono.

Mr. Speaker, Sir, I also rise to support this Motion. It is time Members of the National Assembly started reading the Constitution. They need to count

June 23rd, 2015 SENATE DEBATES

- THAT, pursuant to Article 124 (1) of the Constitution, the Standing Orders of the Senate and the resolution of the Senate during the Special Sitting of the Senate held on Monday 15th June, 2015, I beg to move that the Senate approves the following Senators as Members of the Select Committee on Legal and Constitutional Review;-

June 23rd, 2015 SENATE DEBATES

Mr. Speaker, Sir, I begin by commending Sen. Elachi for moving this important Motion and setting out the tone as to why we need this Committee. The first point to emphasize, even by looking at the constitution of this Committee, is that it is bereft of politics. This is a bi-partisan process which needs to look at the Constitution, particularly with regards to the authority, power and functions of the Senate. This is being done in good faith to ensure that the institutions, the makers of our Constitution and the founders of this nation will be at peace, so that as we speak on behalf of the people, there is no doubt that the constitutional authority is designed to make the Kenyan Parliament and the institution of the Senate be an effective organ for purposes of law-making and other functions which are set out in the Constitution.

Mr. Speaker, Sir, first, the design of the Constitution that we proclaimed in 2010 was not to create sinecures; any institution, body or organ which is there for window- dressing. In the United Kingdom (UK) , we have a constitutional monarchy which has some functions despite the fact that it is assumed that the King or Queen of England does not have any real power or constitutional functions. Nevertheless, even if it is a constitutional monarchy, it is well regarded and respected. Whenever a new Prime

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

Bw. Spika, siku ya leo itaangazwa katika historia ya Kenya kama siku nzuri; siku ambayo wateule waliteuliwa kuangaza mawazo yao kwa sheria za nchi, hii ambazo huenda awali hazikuzingatiwa kwa hekima iliyostahili. Wakati wa kupata Katiba mpya kulikuwa na mawazo mengi. Kundi moja lilisema kwamba Katiba haifai; irekebishwe kabla kupitishwa. Kundi linguine likasema Katiba ipitishwe ndipo irekebishwe. Wale wa upili wakashinda uchaguzi.

Bw. Naibu Spika, wakati umefika ambapo Katiba hii ambayo makundi haya mawili yaliona na kukubaliana kwamba kuna vipengele ambavyo havikufaa na vinahitaji kurekebishwa, basi irekebishwe. Kati ya vipengele ambavyo havikufaa kabisa ni nguvu za Seneti. Ulimwengu mzima, Bunge la Seneti limekuwa la heshima na nguvu kiwango fulani ambazo zinatumika hasa kuleta na kuieweka nchi kuwa na amani, ushirikiano na uwiano.

Kwa sababu ya siasa za wengine, nguvu hizii ziliondolewa kabisa kwa Seneti hii. Katika kikao cha Bomas cha kwanza na cha pili, nguvu za Seneti zilizingatiwa na zilikuwa nzuri. Kikao cha Kilifi kikaja na kikao ambacho kiliharibu hasa ni kile cha Naivasha. Kwa sababu ambazo hazijaeleweka hadi wakati huu, nguvu za Seneti zilipunguzwa kabisa hadi kiwango cha Seneti tuliyonayo wakati huu, wakati mwingine hata “Bunge la taifa” husahau na kupuuza kabisa kuwepo kwa Seneti katika umoja wa Bunge la Taifa.

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

Thank you, Mr. Deputy Speaker, Sir, for the opportunity to contribute to this very straightforward Motion. The Constitution that we have in Kenya is relatively new and anything new always comes up with teething problems. I want to believe that what we are experiencing now with our Constitution of 2010 are the teething problems and it is incumbent upon us, the leadership, and the legislature to ensure that we resolve these teething problems.

Mr. Deputy Speaker, Sir, in 2010, Kenyans voted either for or against the new Constitution. Those of us who supported the Constitution agreed that it was a good document; that 80 per cent of it was fantastic and there was only 20 per cent or 15 per cent that we said we would rectify once the Constitution comes into operation. Those who supported the Constitution and those who opposed it all agreed. Those who opposed the enactment of the new Constitution said that we rectify the 20 or 15 per cent that is bad before we enact it while those who supported it said that we enact and then we rectify it.

Four- and-a-half years into the new dispensation, I think it is now clear to everyone where this shoe pinches and it is a high time that we now rectify the 20 per cent that we all agreed across the board that it was not good in the Constitution. This 20 per cent comprises of so many issues that we think must be rectified before we go far and I think that the time to make these amendments is now and not tomorrow. I want to differ with those who are opposed to the referendum saying that we tie up the referendum with the coming elections. My opinion is that if there is anything to be rectified with the Constitution, this is the time. There is no better time to do that than now.

Mr. Deputy Speaker, Sir, many people have issues with the Constitution. The governors have their issues with the Constitution which they think should be rectified, and I believe that is why they are coming up with their call for “Pesa Mashinani” and the referendum. The Senate has issues that we think should be rectified. The opposition CORD has its own issues and that is why they are calling for “Okoa Kenya”. Mwananchi has spoken that they have their issues with this Constitution and they want them rectified.

This presents us with a very good opportunity to look at all these issues that have been raised by the different stakeholders so that we can now come up with what we can

June 23rd, 2015 SENATE DEBATES

Mr. Deputy Speaker, Sir, first and foremost, I would like to thank the Mover of the Motion, Sen. Elachi, for giving us the opportunity to contribute to this important Motion.

Mr. Deputy Speaker, Sir, I am humbled and happy about what we have come up with. It is high time we stood firm not only to make a decision about our fate but also the fate of all Kenyans. Whoever is fighting the Senate is fighting devolution. He does not know that the Senate is the custodian of devolution.

June 23rd, 2015 SENATE DEBATES

Order, Senator! You have to choose your language correctly. You are talking about your colleagues.

Yes, Mr. Deputy Speaker, Sir, I am talking about my colleagues. However, they behave like children in a primary school. They need to know that.

Order, Sen. Bule! Maybe you could say that this is the “Upper or Senior House.” We must use a polite language.

I apologise for that, Mr. Deputy Speaker, Sir. I wonder when the leadership of this country, which we voted for and have faith in it, will change the scenario. A mere Member in the National Assembly who was elected by at least 4,000 or 5,000 people is recognised while they do not respect a Senator who was elected by more than 200,000 or 400,000 people. This is the time to show the world and Kenyans that the Senate is there to protect the interests of counties. It is time that hon. Senators assured Kenyans that they have achieved what they voted for. Kenyans voted for the Constitution, their leadership and representatives in this Senate and the National Assembly.

Mr. Deputy Speaker, Sir, my worry is about how the leadership of this country handles issues. We have 47 counties each with different interests. This Senate is the custodian and protector of counties. Whoever fights with the people I represent; the people of Tana River County, will be fighting with me. I will have to stand firm on that.

Mr. Deputy Speaker, Sir, today is a historical day. Hon. Senators have to declare their stand. They should be ready for any fight. Despite the fact that we were denied facilitation, I request your office to allow us to go for recess and campaign for a referendum which should take place in three or four months to come. We have to save Kenyans.

Mr. Deputy Speaker, Sir, county assemblies are ready to work with us. Governors who had been compromised have also seen the light. They have noticed that the Senate is not their enemy and are ready to work with us.

My dear brothers and sisters in the Senate, we must force this issue and stand firm on it. Let us not be compromised by other people. My brothers in the Jubilee Government should know that I am here as a third force. I am neither supporting the Jubilee nor the CORD side. I will support, where necessary, whoever will lead Kenyans to the right path.

Mr. Deputy Speaker, Sir, I beg to support.

Thank you very much, Senator.

Asante sana, Bw. Naibu Spika kwa nafasi hii. Ni vyema kuangalia mambo yanayotuhusu kama Seneti na pia taifa. Taifa linafaa kuelewa kazi tunayoifanya. Sasa tuna nafasi ya kuona jinsi Katiba tuliyopitisha inavyofanya kazi.

Bw. Naibu Spika, watu wengi waliisoma Katiba hii lakini hawakuielewa. Ni zaidi ya miaka miwili tangu tulipoanza kutekeleza Katiba hii, tumeiangalia na kuona pengo hapa na pale jinsi Bunge la Taifa na Seneti yanavyofanya kazi yake. Kwa upande wa sheria, tumeona jinsi mambo yanafaa kufanywa. Miswada kadha wa kadha imepitishwa na Bunge hizi mbili. Katika nchi ambazo zina bunge mbili kama sisi, kila bunge lina

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

Thank you, Sen. Zani. Is that a new term or the actual term?

“Mzungumzishi” ni mtu ambaye anafanya wenzake wazungumze, na wewe ndiye unatupatia nafasi ya kuzungumza. Nikisema “Bw. Spika” hiyo ni lugha ya Kimombo. Kwa hivyo “mzungumzishi” ndio Kiswahili sanifu.

We are developing language, which is very good. Thank you very much, Sen. Zani.

On a point of order, Mr. Deputy Speaker, Sir. Is it in order for me to say that, perhaps, Sen. Zani got that good Kiswahili from her distinguished parents, who have written so many books in Kiswahili, and this House, one day, must come and recognize them for the great job that they did in Kiswahili?

Amongst them which book?

“Masomo ya Msingi” by Z. Zani and Teresa Zani.

That is nice. I thought that he might have written “Kufikirika,” but I notice that, that is not the correct position.

What is your point of order, Sen. Sang?

On a point of order, Mr. Deputy Speaker, Sir. Having benefited from the deep understanding of Kiswahili by Sen. Zani, in her contribution, she made references to a country and gave it the name “Amerikana.” I was wondering whether that is really the proper Kiswahili word for “America,” because we always talk of “Marekani.” Can she confirm that, that is the new word to referring to America?

Maybe you have asked her what she meant and not presume what she meant.

Sen. Zani, do you feel inclined to deal with that situation? I know that it is all in the spirit of developing the language.

Mcheza vyema hatuzwi kwao. Hapa tunajaribu kuangalia njia sanifu ya kusema nchi tofauti bila kuiita “America” kwa kimombo. “Amerikana” ndio karibu zaidi na jina “America.” Rwanda haina shida kwa sababu ni matamshi ya Kibantu. Kwa hivyo, inaingiliana sawa kwa sawa. Katika upanuzi wa lugha ya Kiswahili kuna maneno ambayo ni ya Kizungu. Kwa mfano, tunaweza tafsiri “Senate” kama “Seneti.”Unaongezea kuweka mdundo unaohitajika, lakini bado unahakikisha kwamba umeisema kisanifu.

Asante.

June 23rd, 2015 SENATE DEBATES

I am sure that Sen. Sang has learnt something new. That is all very good.

Thank you, Sen. Zani. You must also maybe find out what the true name for “Senate” is in Kiswahili, because most likely there is one; not “Seneti.”

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to also contribute to this Motion. My intention was to speak in Kiswahili, but I am afraid that I cannot compete with Sen. Zani. I have changed my mind and will use English, to avoid getting into any trouble.

Mr. Deputy Speaker, Sir, I want to say a few words as I support this Motion. I know that Kenyans have really been waiting for this time to come, since the promulgation of the Constitution. Kenyans were promised that whatever articles they felt were not okay, a time would come when they will be amended. The formation of this Committee by the Senate is the best thing that we have done to Kenyans. All the Senators who have been proposed to spearhead this process of constitutional review are qualified. As the Committee is waiting to start its work, I would also request it, first, to go to some articles which need to be amended.

Order, Sen. Murkomen. You have now moved from that side and the consultations are becoming very loud on this side. You have to decide which side you want to be.

Mr. Deputy Speaker, Sir, I urge the Committee to relook into Articles 94, 95 and 96. These articles need to be relooked at. The Committee should also try and explore more on how this Constitution can tame the National Assembly which of late has undermined the role and mandate given to this Senate. Recently, they went further and blackmailed the President of the Republic of Kenya. I humbly request the President and his deputy to support this Senate in relooking into the constitutional review because of late, they have become victims of the National Assembly.

The National Assembly is trying to blackmail the three institutions; the Senate, the Presidency and the Judiciary which also recently had funds allocated to it, deducted. As we also look into ways of making this Senate more powerful, we need to extend our hand and see if we can tame the National Assembly which has become a notorious House and needs to be controlled by all means. We cannot be moving towards that direction.

June 23rd, 2015 SENATE DEBATES

Mr. Deputy Speaker, Sir, thank you for giving me the opportunity to support this Motion. This Motion is about peace, national cohesion and harmony among Kenyans in the future. It is also about what we need to do to truly actualize devolution and enhance the devolution agenda. During the last referendum on the Constitution, Kenyans chose this Constitution and devolution is, in fact, the centre piece of it. Devolution gives hope to our people everywhere in the country because it promises to bring equality among all the people of Kenya, improve service delivery and reduce marginalization which many Kenyans have complained about.

Devolution gives hope to the aspirations of our people everywhere. It gives them power to have a say in matters that affect them in their localities and, more importantly, it gives them resources to set priorities for themselves. However, we have noted that by being undermined, we may not achieve devolution in the manner and spirit in which it was intended. This Senate must, therefore, be given the power and authority to play its rightful role in the management of public affairs of this country so that it is ultimately given the opportunity to secure the gains of devolution because it is the future of this nation.

This Select Committee has been mandated to carry out a huge and important task; to look at the current Constitution and all the pieces of legislation currently existing, which may have a bearing on the work and the standing of this Senate. I am confident that this Committee will come up with proposals which will ultimately give this Senate its place and make this institution effective and relevant.

I have looked at the names of our colleagues in this Select Committee. They are respected individuals. They are people who have proven records and are serious legislators of this House. I am confident that they have the capacity to deliver on this mandate. I wish them well but I remind them that in performing this assignment, they should stand very firm. I know that there will be attempts to intimidate and put pressure on them but knowing them as I do, I am confident that they will deliver on this mandate because these are honest and principled individuals. I wish them well.

I beg to support.

Mr. Deputy Speaker, Sir, the day we prophesized last week has finally come. It is very important that this House is not a House of “Kusema bila kutenda” which means, to say without doing. It is a House which says and keeps its promise.

Last week when I had the privilege and honour of moving the Motion that was basically discussing the consistent attack on independent institutions and institutions of

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

Thank you Sen. Murkomen. Please, proceed, Sen. Hassan.

Thank you, Mr. Deputy Speaker, Sir, for this opportunity to speak to this important Motion. When a Motion on this issue was tabled in the Senate last week on Monday, unfortunately, I did not have an opportunity to be here, because I had travelled with some of my colleagues to Wajir County. We visited Wajir County which exhibited enormous developments based on the fact that devolution had arrived in that county. Kenyans are unequivocal, not in contradiction and are clear that the institution that is meant and charged with the responsibility of protecting devolution is the Senate.

Since this great idea needs a guardian angel, it is obvious that if you tasked me to guard the Central Bank of Kenya, you would not give me a simple rungu. You would probably facilitate me with a little more ammunition. Right now, we are trying to get to that point where we can guard devolution effectively.

Mr. Deputy Speaker, Sir, I think that there is unanimity that this Constitution was eroded because at that point when it was being negotiated, the National Assembly sat in court in a process where they were able to make a determination as to the kind of powers that were eventually passed to the Senate, to weaken the institution so much so that they can today step over some of the recommendations that are intended to safeguard devolution. Although in my assessment, this is the last opportunity that we have.

We have spoken about strengthening the Senate so many a times. We spoke this language in 2013, after the court proclaimed itself in terms of the advisory opinion and after Bills were passed by the National Assembly where we thought of setting up a Committee to look at the constitutionality of these Bills and seek annulment. We have spoken about these issues time and again when the National Assembly appears to have ignored the input of the Senate or not acted in the best interest of devolution.

In my assessment, this is the final opportunity that we have and that is why even as we debate this Motion, my faith is bruised but not lost. This is because I believe that we always have the issue of redemption. At least, if the Lord can forgive us, then who are

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. I join my colleagues in supporting this Motion which was brought to this House by the Senate Majority Leader. On Monday, 15th June, 2015, the Senate unanimously agreed that it is now time that we assert our position as the House of reason and one that is supposed to guarantee and protect the Constitution, noting that our colleagues in the “Lower House” who refuse to be called by that name, have in one way or another since we began the year 2013, not been living with good intention in applying the Constitution.

If you can recall as Senators do, in 2010, there was intense debate and campaign by the pro-Constitution and those who advocated for the Constitution to be passed but do some corrections at a later stage. That group came to be called the “No” Team and the one that proposed passing it quickly was called the “Yes” Team. Some people were even branded names such as water melons.

I am neither “No” or “Yes”. Most of those terminologies came because of the desire to bring a document that was not going to harm Kenyans. It even forced the proponents of the “Yes” Team to plead with the “No” Team to pass the document the way it was and if there were issues which require to be amended, that could be done later. We are now at that stage where we find that we cannot move forward as a nation, with the aspirations that we used to have prior to 27thAugust, 2010 before the President lifted the new Constitution.

There was a lot of excitement that poverty would disappear on 27th August, 2010. There was even a promise from the partners of Kenya that if we passed it, all our problems would come to a standstill and that we would now swim and live in the land of Canaan that is full of milk and honey. There is no iota of honey and milk today. We are seeing a lot of competition that was not there before.

It is, indeed, time that we soberly sat down as Kenyans, led by this House. I know my colleagues on the other side have sat and in their desperation, they are also proposing an amendment which they are calling “Okoa Kenya’. Governors in their desperation on the ground are calling theirs “Pesa Mashinani”. They look at the amount of money going to the ground as opposed to a lot of it that remains at the national Government. Some examples are very vivid. Remember the Tana Delta Irrigation Project that was supposed to be done last year. The amount of money which was allocated to the project; Kshs13 billion, was quickly returned to the National Treasury.

How many problems would it have sorted out? It would have sorted out a lot of problems and that is why the governors have those kinds of examples to cite. The laptop project which earned the Jubilee Coalition points to the extent that the CORD Coalition was beaten hands down in the campaigns, because every child in Kenya was singing:

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

Hon. Senators, there are still about five requests but we need to finish on this Motion today. Therefore, with your permission, I will reduce your time so that everybody makes their contributions. I will give the Senate Minority Leader 10 minutes and three minutes each to the rest of you.

June 23rd, 2015 SENATE DEBATES

An

Please give allow us five minutes each.

We cannot manage five minutes each because we are only left with 25 minutes.

The Senate Minority Leader (Sen. Wetangula) : Mr. Temporary Speaker, Sir, I might even spend less time.

Mr. Temporary Speaker, Sir, the 15th of this month was a very important day. This House spoke in unison for devolution. Today, we come here in furtherance of resolutions of that day. The late Mwalimu Julius Nyerere once told his audience; “Do not wait for anybody to make you relevant. Fight for your space.”

Mr. Temporary Speaker, Sir, when the new Constitution was drafted, the first Bomas Draft had a very good chapter on Senate and devolution. The subsequent mutilations are now part of our history. Today, everybody in this country appreciates that devolution is changing and touching lives. However, devolution has also come with other trappings that need to be checked; the excesses and obscenities being exhibited by some of the governors. This House is the House world over that is “upper.” It is the House of revision, appellate to decisions of the “Lower House” and the House that checks and balances any excesses that may occur in the “Lower House.”

Mr. Temporary Speaker, Sir, this afternoon I had lunch with a distinguished High Commissioner of a country that has a bicameral system. When we discussed about the structure of the Senate, he was shocked. He said that that cannot be the case. He said that everywhere in the world, the Senate is the House of revision.

Mr. Temporary Speaker, Sir, the Senate cannot be a House that is trampled upon and treated with indignities by persons who do not even deserve to have any altercation with this House. The jurisdiction, mandate of a Senators and everything else about the Senate is very clear to the ordinary person. If you visit the ordinary mwananchi in your village in Tot, Pokot or Nakuru, you will see that they know that there is an MP and a Senator. It does not occur to them that a Senator is a Member of Parliament because they know that the Senator is a Member of the Senate and the Senate is not Parliament but the “Upper House.”

They send a very strong message in their simplicity. Every time you go to a public meeting, wananchi begin by acknowledging Members of County Assemblies (MCAs) , the governor, MP and finally the Senator in that order. They know that. We come here as a House of equity to participate in---. In fact, we hold the trump card in the sharing of revenue among counties. It defeats logic, whichever way you look at it, to allocate counties Kshs283 billion but deny the Senate Kshs1 billion to oversight how the money is spent.

Mr. Temporary Speaker, Sir, last week but one, you may have seen a much publicised visit by myself to my county hospital. I found appalling neglect, disrepair, disuse and malaise. I summed it up that that was a sick health institution. I get messages from my own constituents telling me; “you went to Bungoma but you need to come and see the other one. Bungoma may be better off.”

Mr. Temporary Speaker, Sir, governors have perfected the art of public relations. Recently, my governor was rated number three by some group which I cannot remember.

June 23rd, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, I might even spend less time. Mr. Temporary Speaker, Sir, the 15th of this month was a very important day. This House spoke in unison for devolution. Today, we come here in furtherance of resolutions of that day. The late Mwalimu Julius Nyerere once told his audience; “Do not wait for anybody to make you relevant. Fight for your space.” Mr. Temporary Speaker, Sir, when the new Constitution was drafted, the first Bomas Draft had a very good chapter on Senate and devolution. The subsequent mutilations are now part of our history. Today, everybody in this country appreciates that devolution is changing and touching lives. However, devolution has also come with other trappings that need to be checked; the excesses and obscenities being exhibited by some of the governors. This House is the House world over that is “upper.” It is the House of revision, appellate to decisions of the “Lower House” and the House that checks and balances any excesses that may occur in the “Lower House.” Mr. Temporary Speaker, Sir, this afternoon I had lunch with a distinguished High Commissioner of a country that has a bicameral system. When we discussed about the structure of the Senate, he was shocked. He said that that cannot be the case. He said that everywhere in the world, the Senate is the House of revision. Mr. Temporary Speaker, Sir, the Senate cannot be a House that is trampled upon and treated with indignities by persons who do not even deserve to have any altercation with this House. The jurisdiction, mandate of a Senators and everything else about the Senate is very clear to the ordinary person. If you visit the ordinary mwananchi in your village in Tot, Pokot or Nakuru, you will see that they know that there is an MP and a Senator. It does not occur to them that a Senator is a Member of Parliament because they know that the Senator is a Member of the Senate and the Senate is not Parliament but the “Upper House.” They send a very strong message in their simplicity. Every time you go to a public meeting, wananchi begin by acknowledging Members of County Assemblies (MCAs) , the governor, MP and finally the Senator in that order. They know that. We come here as a House of equity to participate in---. In fact, we hold the trump card in the sharing of revenue among counties. It defeats logic, whichever way you look at it, to allocate counties Kshs283 billion but deny the Senate Kshs1 billion to oversight how the money is spent. Mr. Temporary Speaker, Sir, last week but one, you may have seen a much publicised visit by myself to my county hospital. I found appalling neglect, disrepair, disuse and malaise. I summed it up that that was a sick health institution. I get messages from my own constituents telling me; “you went to Bungoma but you need to come and see the other one. Bungoma may be better off.” Mr. Temporary Speaker, Sir, governors have perfected the art of public relations. Recently, my governor was rated number three by some group which I cannot remember.

June 23rd, 2015 SENATE DEBATES

June 23rd, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir, for allowing me to add my voice on this Motion, which I support. I want to congratulate my fellow Senators who have been nominated to sit in this Committee and help us identify some gaps within the Constitution that need to be reviewed or dealt with.

Mr. Temporary Speaker, Sir, it is the high time that we, as the Senate, continued operating in an environment where cohesion is seen. I am saying this because most Kenyans think that the Senate behaves in a mature way. They are counting on us to end the wrangles that make us look like we cannot give hope to the people who elected us and are looking up to us to give solutions.

I am sure that this team of Senators is going to give us a way forward with regard to the way Kenyans want the Constitution to be implemented. Right now, Kenyans are confused and do not know which direction to go. This is because so many issues are coming up. There is undermining and lack of respect towards institutions that are supposed to run this country. This country cannot be managed by one institution. Each institution plays an important role and must be respected, supported and facilitated financially.

Take the Judiciary, for example. As the Senator who represents people with disabilities, I realized that they lack funds to make the institution accessible by people with disabilities. This is an institution that offers justice to Kenyans. Such an institution should not be frustrated simply because people have powers to deny or give funds when they feel like. The Constitution gives us the authority to share or deal with the budget but not frustrate institutions.

I support this Motion simply because I want devolution to grow. I want the Senate to remain the custodian of counties and it will only remain so if it plays the key role of ensuring that these institutions are protected and supported.

I beg to support.

Mr. Temporary Speaker, Sir, the people of Kenya spoke on 27th August, 2010. In the Preamble, the Constitution states: “We, the people of Kenya, acknowledging, honouring, proud, respectful, committed, recognizing, exercising, adopt, enact, God bless Kenya.” The people of Kenya spoke very loudly. We have seen the commitment and the way they believe in this Constitution.

As they passed it, they appreciated that there are three arms of Government; the Executive, the Legislature and the Judiciary. The Legislature comprises of the Senate and the National Assembly. The implementation has not been very smooth. As is expected, there have been hitches here and there. The Senate has acted, of course, with diplomacy and respect. It has followed all diplomatic ways to ensure that the Constitution is implemented and Wanjiku or Akinyi is given what she dearly wants.

Devolution is the key pillar and one of the most important aspects of this Constitution. For devolution to succeed, we must give clear-cut roles of the National Assembly and the Senate. We know what Article 96 (2) states, but because we know the political exercise that this Constitution went through in Naivasha, there was some

June 23rd, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, let me from the outset support this Motion. Some of us have been captured on the HANSARD talking about issues of the Senate. In the Biblical phrases, John the Baptist created a way for Christ. It is the same way the Constituencies Development Fund (CDF) created the way for devolution. Most Senators in this House have spoken eloquently that this is the right time to enforce and fight for the rightful place of this House, not for ourselves. As it is written in the book of Matthew: “Do unto others what you expect them to do unto you.” Tomorrow, we do not know who will be here. I have been on record saying that this House must be strengthened. So, 30 years to come when my son, Prince, will be here, he will be in a comfortable place to do what is right for this country.

Mr. Temporary Speaker, Sir, I support all the issues that the eminent Senators have spoken about. There is a lot of hopelessness and despondency in our counties but I know that we are on the right track.

We only attained our liberal democracy in 2002 when the Kibaki Regime came into power. Therefore, I am not going to belabour what has been said. The Senators who have spoken were chosen in this House to be in the Committee and fit the bill.

With those few remarks, I beg to support.

There being no other contributor, I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I want to take this opportunity to thank Senators who have spoken. I believe this Committee will move to ensure that we flag out the issues affecting the Senate and also ensure that they stay steadfast as we have requested. This is a roadmap and guidance in flagging out the issues. Therefore, we do not want to hear the media saying that the Senate has now joined the referendum. We are doing this in a sober way. The Senate will be the spring board for everybody who would have wished to see a referendum in our country. We shall ensure that it does not divide us. It is a question that will be put during the time of elections. The next Senate will be proud to know that we have a foundation and devolution is going to work in this country.

Mr. Temporary Speaker, Sir, for the last two years, this institution has been sober but people have taken advantage of it. People do not understand why Senators decide to cool things down. It is because we respect our country. It is because if we become

June 23rd, 2015 SENATE DEBATES

Hon. Senators, there being no other business, the Senate stands adjourned until Wednesday 24th June, 2015 at 2.30 p.m.

The Senate rose at 6.30 p.m.