Tuesday, 25th May, 2021

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Tuesday 25th May, 2021: -

Report on the Impasse on the Budgetary Estimates for the Financial Year 2020/2021 for Kirinyaga County between the County Executive and the County Assembly.

Sen. Kajwang’ you had something else to say.

Mr. Speaker, Sir, there is also a Paper that we are expected to lay as the Committee on Devolution and Intergovernmental Relations. This is a Report of the Committee on the application by Nakuru County on conferment of city status.

As you are aware, this is one of the most unique responsibilities the Senate has. This is probably the only Motion that the Speaker carries to the President alone. Every other Motion or Bill, the Speaker goes to the presidency with the Speaker of the National Assembly. This is the only mandate that the Senate has to consider, and if it approves the request, the Speaker of the Senate goes directly to the President and the President grants the charter for the city.

This matter has been before the Senate for the last two years and it is important that we bring it to a close. How I wish you could direct that this Paper be laid, so that the Motion is moved and then we take a vote on it.

I do agree that it was supposed to be laid today, but there were some small issues that were raised. When we adjourn, we will do a bit of consultation. However, I will direct that it be laid immediately in the next sitting.

Thank you. Next Order.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.47 (1) to make a Statement on an issue of general topical concern, namely the review of regulatory framework for unmanned aircraft systems, also known as drones in Kenya.

Unmanned aircraft systems refer to aircrafts that are operated without humans on board. Commonly known as drones, they range from hand-held consumer devices, used for photography and leisure to sophisticated systems used in warfare and military operations. Despite their military and security legacy, drones have found innovative applications in sectors as diverse as health, agriculture, disaster management and environmental conservation, where they are being used to solve some of Africa’s most pressing problems.

Mr. Speaker, Sir, in Rwanda, for example, the government has sanctioned the use of drones to deliver medicine and fresh blood to remote hospitals. In Uganda, drones are supporting precision agriculture and contributing towards and agrarian revolution.

In Malawi, drones are being used to generate maps to monitor disasters and crises and to deliver aid and development material. In Kenya, drones have been deployed to fight the locusts menace through targeted spraying in hard-to-reach areas and mapping to determine crop losses.

The use of drones in wildlife conservation is well-documented across Africa and the commercial application of drones in global supply chains by companies like Amazon has taken route in the West. Clearly, the potential of drones to contribute towards the common good is immense.

Mr. Speaker, Sir, recently, the Government published regulations to guide the use of drones in Kenya. The Civil Aviation and Manned Aircraft Systems Regulations of 2020 were published on 30th March, 2020 and the Civil Aviation Regulatory fees and charges for a manned aircraft system regulations were published on 22nd January, 2021. These regulations aimed at ensuring safe and ethical uses of drones in the country and borrows heavily from international trends.

However, the regulations have also introduced bureaucracies, licences and levies similar to the infamous Red Flag Act that stifled innovations in the automobile industry in the 19th Century. The Government now requires all drones, irrespective of size and use, to be registered at a fee by the Kenya Civil Aviation Authority (KCAA) . Only Kenyan citizens can own and operate a drone. Importing a drone whether for leisure or commerce requires a license at a fee from KCAA.

In addition, one must obtain clearance from the Ministry of Defence to import a drone irrespective of use. Further, to operate a drone in Kenya, you must obtain a remote pilot licence that is issued by KCAA at a fee following training at an institution that is licensed by KCAA, also at a fee. There are many other provisions that only serve the

purpose of discouraging Kenyans from using drones to address some of the pressing challenges in development.

As a country, we must lower red flags and cut red tapes to encourage innovation and the Fourth Industrial Revolution. As you may recall, the Red Flag Acts of the UK and the US, required early automobiles to be preceded on public roads by a man on foot waving a red flag and blowing a horn. The automobiles could not exceed a speed of four miles per hour in the country and two miles per hour in the city. Such regulatory framework is unthinkable today, yet the Government wants to introduce analogous restrictions on drone technologies three centuries later.

We must make a clear distinction between the use of drones for leisure and recreation and the use of drones for commerce, security and military operations. This is what advanced countries have done, for example, in South Africa, recreational drones weighing less than 25 kilograms do not require licences. Imagine buying your grandson a small drone toy and being required to go to KCAA or the Ministry of Defence for a license.

Furthermore, if foreigners can own vehicles in Kenya, why can they not own drones provided they comply with relevant laws? The requirement to obtain a remote pilot licence is impractical and illogical. Right now, in Kenya, an army of young entrepreneurs are providing videography and photography services at weddings and events. Requiring a pilot licence from them will simply drive them into crime and into the ‘hustlers’ nation.

Mr. Speaker, Sir, Parliament has an obligation to represent the people in a manner that protects their interests, while promoting their abilities and aspirations. The impugn regulations should have been processed by the Government before taking effect. If Parliament approves them, then we are guilty of dereliction of duty. Regulatory action should not be driven by the greed for levies and taxes. Regulators should be enablers of innovation.

We have a few examples to learn from, most notably, the financial revolution brought by M-pesa and other mobile money payment platforms that were encouraged by a pragmatic financial sector regulator. I dare say, encouraged by a pragmatic telecommunications sector regulator, and I see the former Chair of The Telecommunication Sector Regulatory Authority sitting here, that it was that innovation and open mindedness that allowed M-Pesa to fly.

I, therefore, call upon this House, particularly the Committee on Roads and Transportation, chaired by the able Senator for Kiambu, in conjunction with the Committee on Information and Communication Technology, to engage the relevant Ministries and stakeholders to address some of the obnoxious provisions of these regulations, and report back to the House on the action taken. Let us be the Senate that lowered the red flags and cut the red tape to promote innovation.

I thank you Mr. Speaker.

Thank you. I do not see any interests. I do not see the Senator for Vihiga again. Okay, let us go to Statements under Standing Order No. 48

Sen. (Dr.) Musuruve by virtual.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to comment on this Statement by Sen. M. Kajwang.' Indeed, he has brought up a very important issue that needs to be addressed. Drones have many uses. For example, in times of disaster, they are able to help in locating where the victims are and help in preventing another disaster. In the agricultural sector, it is possible for drones to be used to assess crops, the damages and also help in spraying insecticides.

There is need for a regulatory framework to be put in place to ensure that even these drones, in as much as they are useful, they are actually manned. This Statement should not be taken lightly. It should even be scaled up to a Bill that will become law.

I support this Statement. Thank you for the opportunity.

Sen. (Dr.) Langat,

Thank you, Mr Speaker, Sir, for giving me this opportunity to support this Statement by Sen. M. Kajwang'. We cannot run away from technology; new technology is with us. The most important thing for every society to do is to embrace new technology and find ways to control the consumption of the same, especially checking on the negatives.

Drones are very important technology and have been used in various ways to enhance development. Drones can be used to capture live events. Drones can also be used in agriculture, as Sen. (Dr.) Musuruve said, to enhance farming. It is a very important technology that cannot be ignored.

Mr. Speaker, Sir, drones can also be used to survey places, especially dangerous places that are difficult to work in because of the dangers that can be encountered. Such areas can be surveyed thoroughly with the help of the drones.

Mr. Speaker, Sir, drones have also been used in other countries to deliver small items in areas that those items could not be delivered physically or using other means. Drones have proven to be very important means of delivery. They can also be used through enforcements. This is especially by the police when they are fighting terrorism. These particular drones can be used in such particular areas.

It has also proven of late that drones are very important when it comes to keeping an eye on the wildlife to fight intruders in the wildlife areas. What is important with the use of this particular technology is that there should be an introduction of effective legislation to control the use of drones.

Mr. Speaker, Sir, recently, one of them strayed to the compound of the Deputy President leading to a lot of suspicion. Unless this particular technology is controlled legislatively, drones can easily be abused by some people. They can also be used illegally to survey on military installations, which can easily expose secrets of the military strategic installations. They can be used by criminals to spy on some areas that are safeguarded for the protection of the citizens.

Mr. Speaker, Sir, my advocacy on this particular area as I support this particular Statement by Sen. M. Kajwang', is to create effective legislation so that it can be controlled and its positive importance may be maximized.

I support this new technology and I say we cannot run away from technology. The only thing we can do as legislators is always to legislate on control measures that can assist these particular technologies to be consumed positively.

Thank you.

Thank you. Sen. (Dr.) Musuruve.

Thank you for the opportunity, Mr. Speaker, Sir.

Do you have a Statement?

Mr. Speaker, Sir, yes, I have three statements. Are you allowing me to read the three of them at the same time?

Order! Order, Sen. Kimani Wamatangi. What is your problem?

Mr. Speaker, Sir, she is on another matter and we had already pressed our buttons because we wanted to contribute.

Order! Order, Sen. Langat. I want to hear what Sen. Wamatangi is saying.

Mr. Speaker, Sir, we had pressed our buttons because we wanted to contribute to the Statement by Sen. M. Kajwang. The Senate Majority Leader had actually pressed before me.

It was not reflecting. Okay, the Senate Majority Leader.

Sen. (Dr.) Musuruve you will hold on. Sorry I did not see that.

Mr. Speaker, Sir, I want to thank Sen. M. Kajwang' for this Statement. This is not a debate on the technology. It is not a debate or statement on whether it is important or not. What it is simply saying is: let us look at the regulations. If there are regulations, at what stage they are and the regulations be looked at again, so that it takes care of the various categories of the drones.

Mr. Speaker, Sir, I have been privileged to serve in the communications docket, but also as the Chairman of the Kenya Civil Aviation Authority. I do understand what the drones can do. I agree with him that some of the drones are not even worth the levies for their licences. Some of the drones are simply cameras; they are flying cameras. They do nothing else. They are good for the young generation to take good pictures and things like that. Those should be categorized separately. I think that is what Sen. Kajwang' is trying to bring out. Let us find a way of identifying which drones are dangerous, what can be abused and then those that are simply used by families should not require licences, like a pilot’s license.

Mr. Speaker, Sir, the best thing is to say at what point can we retrieve or look again at the regulations and see how they can be improved. That also means that the Committee on Delegated Legislation be involved in this. That is all, so that we do not come here and start discussing the merits and demerits of drones. That is not what it is about. It is about those regulations and what we can do to make sure they are user friendly, but also take into account that drones have become common; that the more we continue to protect ourselves from them in terms of not letting them in, other countries are getting them in very freely and using them. I agree that we should look at it. I do not even know how it escaped our attention or how we managed to let it pass that way without looking critically like that Statement has said.

Thank you very much, Mr. Speaker, Sir.

Sen. Wamatangi

Mr. Speaker, Sir, I also rise to take cognizance of the usefulness and sensitivity of this Statement that has been brought by Sen. M. Kajwang’.

As the Senate Majority Leader has said, it is one set of regulations that escaped the attention of Members of the Senate, especially the necessary Committees---

Thank you. I defer the Statements by, Sen. Khaniri and Sen. Anuar who are not here.

Thank you, Mr. Speaker, Sir, for this opportunity. I rise pursuant to Standing Order No. 48 (1) to seek a Statement from the Standing Committee on Education regarding challenges faced by teenage mothers and their children.

In the Statement, the Committee should –

Proceed.

Mr. Speaker, Sir, can you hear me?

Yes, I hear you.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 48(1), to seek a Statement from the Standing Committee on Education concerning reports on 12th April, 2021 regarding 70 boys of Anestar Boys in Nakuru, who stormed a neigbouring girl’s school.

In the Statement the Committee should explain-

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

What is your point of order?

I am raising a point of order with regard to the Senator who is addressing the Chamber because we cannot see her. I am saying this because the Standing Orders on online participation are clear. That is, when a Member is contributing or voting, their image must be seen.

Mr. Speaker, Sir, I can see the screen is written ‘Sen. (Dr.) Musuruve’. So, in future, strictly enforce visibility.

I can now see the Senator who is very well dressed. This should be the practice. Otherwise, we keep forgetting that Kenyans are following and they would like to know the Senator who is contributing.

That is an important point of order. I know that technology is a bit of a challenge. She might have forgotten to put on the video.

I ask the Committee on Information, Communication and Technology to train Members on how to use this new technology. We can now see her after she has contributed.

Thank you, Sen. (Dr.) Musuruve.

Proceed, Sen. Omanga.

I have two Statements, but only one is on the Order Paper. Mr. Speaker, Sir, can you hear me?

Yes. We can hear you. Proceed with the one that is on the Order Paper.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 48 (1) , to seek a Statement from the Standing Committee on Finance and Budget.

What are you wearing on your head? Proceed.

In the Statement, the Committee should-

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 48 (1) , to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations, regarding the death of Mr. Morris Kimathi Kilunga who was allegedly fatally shot by Mr. Michael Munyalo, Officer Commanding Station (OCS) , Garissa Police Station.

In the Statement, the Committee should-

On a point of order, Mr. Speaker, Sir. As the Committee considers that issue, there is a general feeling in the country that there is rise in extrajudicial killings, maybe because of psycho-social support issues within the armed forces, especially the police.

We have witnessed rising cases of police officers killing themselves and also civilians. Most importantly, is the rise of cases of individuals from one part of the country being killed and dumped in other parts of the country, for example, the case where four gentlemen were abducted from Kitengela and found dead in Murang’a.

Mr. Speaker, Sir, again, another businessman was abducted, tortured and found dead in Kirinyaga County. This is not a very good trend. I know we might be silent, but the media is aiding and abetting these acts by trying to offer an explanation. The explanation is disguised as news. If you look at it, it is sponsored explanation trying to show the four people who were abducted in Kitengela and killed were conmen, murderers, thugs or robbers. In this latest incident, the gentleman whose body was found in Kirinyaga County is said to have been involved in crimes such as money laundering.

This is dangerous because media houses need to be more critical. Citizens and Members of Parliament (MPs) also need to be more critical when we hear and witness cases of extrajudicial killings. We are being socialized to the direction of normalizing

extrajudicial killings as long as an explanation that looks like such killing was in the best interest of the country or public good.

Any process that is not judicial is dangerous, not just for the people who have been killed, but ourselves too. As time goes, they will abduct an MP and say he was sponsoring terrorism, robbery or involved in money laundering.

Mr. Speaker, Sir, I am sure it is the Committee on National Security, Defense and Foreign Relations that will investigate this matter. They must be more serious when interrogating these issues. When Sen. Cherargei was the Chairperson of this Committee, he brought here a report concerning extrajudicial killings. This issue is still there. I remember contributing to it.

Over two years ago, my Personal Assistant who worked in my office was abducted and murdered. His body was found dropped in Kapenguria forest. The same thing happened in Sen. Poghisio’s county, where three Pokot businessmen were murdered and dropped in Kaptagat Forest in Keiyo South. If we continue like this, it I will be dangerous.

I request media houses to stop socializing the public to normalize extrajudicial killings. If someone is a criminal, there are judicial processes of ensuring they are brought to book for accountability. However serious, we should stop normalizing extrajudicial killings for as long as an explanation is given that the victim was a robbery, terrorism or other crimes suspect. A country that wants to build itself to be a country of the rule of law, we must normalize the process of arrest of suspects and take them to court to be charged.

Sen. Cheruiyot, are your cards not working?

Yes, Mr. Speaker, Sir.

I have to “catch your eye” Proceed.

Mr. Speaker, Sir, this is not a bad idea after all. It teaches young men like Sen. Cherargei the practices of Parliament, where you catch the eye of the Speaker to get his attention. Otherwise, they are just used to pressing buttons and they could imagine this is life as it has always been.

current Directorate of Criminal Investigation (CID) headed by Mr. George Kinoti is very keen on this practice where you are prosecuted through the media. In very unfortunate circumstances, as has been said by the Senators who spoke before me, your lifeless body is found somewhere.

Customarily, we are Africans and in the African culture, it is uncouth to speak ill of the dead. It has become normal practice where somebody is murdered and in the next two or three days, you will read stories about them and how they lived lavish lives and how they were criminals. So what?

Mr. Speaker, Sir, I thought it is the duty of the media and MCK to ensure they give us balanced stories and not do the bidding for those who wish to push our society towards this thinking. Our children will grow up thinking it is a norm for you to be killed and then an explanation given that so-and-so was killed because he had a lot of money and used to send it.

Take an example of the story that is in The Star today. It says the young Somali- American businessman used to send money to Somalia. So, what is the crime? Has it become illegal to send money to Somalia? I thought Somalia has an Embassy here and we have one in Mogadishu. They are a friendly nation.

I plead with the Committee on Information Communication Technology (ICT) to invite MCK to this House and consider some of these points that are being raised by colleagues on the practice and how low our media has sunk. This is not only on the point of extra-judicial killings, but even in our political space and many other things that they appear to be bidding for other people. The perpetrators of evil in society have found a new haven in our news outlets. That should not be normalized and accepted as a way of life.

I challenge our colleagues who sit in the Committee on ICT to invite them. Let them come and remember that the same way they criticize us and expect the Executive, Legislature and the Judiciary to perform and live true to their calling; we also expect our media to live true to their call of duty.

Thank you. I think the Committee has heard. This matter is of great national concern. Please, do a thorough job and keep the House posted.

Next Statement by Sen. Farhiya.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.48 to seek a Statement from the Committee on National Security, Defence and Foreign Relations, regarding increase in cases of domestic violence.

In the Statement, the Committee should:

Okay. I do not see any interest. Next Statement by Sen. Cheruiyot.

Mr. Speaker, Sir, I have three Statements. Allow me to read all of them in quick procession.

Sen. Cherargei, what is exciting you?

Mr. Speaker, Sir, it is good to be happy.

Proceed, Sen. Cheruiyot

Mr. Speaker, Sir, I rise pursuant to Standing Order No.48 (1) , to seek a Statement from the Committee on Land, Environment and Natural Resources on the Construction of Koru-Soin Dam domiciled in Kericho and Kisumu counties.

In Statement, the Committee should:

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

Yes, Sen. Cherargei.

Thank you, Mr. Speaker, Sir. I commend my neighbour, Sen. Cheruiyot, for bringing this Statement. The Koru-Soin Dam is strategic for Nandi, Kericho and Kisumu counties.

We are looking at the compensation of 2,000 households. They have not been compensated by the National Land Commission (NLC) . I saw the National Assembly

Committee on Public Investment Committee (PIC) invite the Principal Secretary (PS) for Water and Sanitation and Irrigation over this matter.

There are two Chinese companies; China Jiangxi and China Gezhouba, both of which had the capacity to construct the Dam. The interesting thing with the National Water Harvesting and Storage Authority (NWHSA) is that the highest bidder of 19.2 billion---

Please, use the Dispatch Box.

Mr. Speaker, Sir, I think somebody is sabotaging it. This is because it involves a lot of money.

As I was saying, Kenyans stand to lose around Kshs700 million. This is because between China Jiangxi and China Gezhouba, China Jiangxi was the highest bidder with Kshs19.2 billion. China Gezhouba’s bid was Kshs9.2 billion. That matter was taken for re-evaluation by the Public Procurement Regulatory Authority (PPRA) .

I thought you must give value for money when awarding tenders. Had we awarded the company whose bid was Kshs9.2 billion, we would have saved Kenya Kshs700 million. Kenyans are likely to lose over Kshs700 million because of ignorance, negligence or lack of due diligence by the Ministry of Water, Sanitation and Irrigation. I heard the PS say we were in a hurry to implement that project, but at the end of the day, we should look at the value that the taxpayer will get.

Mr. Speaker, Sir, the 2,000 households that were displaced are yet to be compensated by NLC. I agree with Sen. Cheruiyot that this matter needs to be relooked at. In my opinion, since this matter has gone through full circle from evaluation to PPRA, I think the best is to cancel the tender all together and ensure we run it in an open and transparent manner. We do not want Kenyans to lose over Kshs700 million that would have done wonders.

Koru-Soin Dam is an important project that will see River Nyando waters harvested and curb the perennial floods that we are currently seeing. In my opinion, there is more than meets the eye. I hope DCI, Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (DPP) will not prosecute this in the media. They should do their thorough job so that Kenyans do not lose Kshs700 million.

In best procurement practices, if a company bids the lowest and has the capacity to do the job, it should be awarded the tender.

Mr. Speaker, Sir, my worry is that this will be another scandal where Kenyans are likely to lose Kshs700 million. I hope that the Committee on Land, Environment and Natural Resources will be given an opportunity so that the procurement process can be transparent. In future, I will bring further statements to bring specifics into this matter.

I support and hope that the Committee will give us the feedback as soon as practically possible because Sen. Cheruiyot, Sen. Outa and I have a very strategic interest

in this matter. We hope for the best in the country and for the people, who are supposed to benefit from that water.

I thank you, Mr. Speaker, Sir.

Sen. M. Kajwang’.

Mr. Speaker, Sir, I thank Sen. Cheruiyot for bringing up this matter. At this point in time, the areas of Nyando are flooded. Further afield in Karachuonyo, Homa Bay County, we have serious flooding. The solution has always been very artificial. Whenever there are floods, we go there with blankets, mattresses and sacks of maize and beans. In fact, the Ministry of Devolution has perfected the art of hiring helicopters to go to the flood zones to provide some tokens with the media in tow.

The ultimate solution is the construction of this dam. The idea of this dam was conceived in the 1950s. To date, we have not been able to execute this project. Even as the Committee looks into this matter, the Head of State is expected to visit Kisumu and the Nyanza and Western regions over this weekend in advance of the Madaraka Day celebrations. This is one of those issues we want to have a candid discussion on with the Head of State.

The Government of Kenya is excellent when it comes to design, ideation and creating a vision. However, it is horrible when it comes to project execution, and particularly, procurement. Many of these grand projects were conceived many years ago. Everything is okay on paper, but when it comes to implementation, nothing happens.

We want to tell the President that the people that he has delegated executive authority to are letting him down. As far as the President is concerned, the tender was awarded and he believes that work is happening. However, there are some middle level bureaucrats who want to take advantage of the situation. Sometimes it is propelled by ideas of kickbacks, yet our people are suffering.

Mr. Speaker, Sir, every year, Members of Parliament (MPs) are told that we are doing nothing. Every year, every season, and even today, my people in Homa Bay are camping in primary schools, even with the Coronavirus Disease (COVID-19) pandemic, because of flooding, yet, the Government has the resources and right ideas to control this matter.

As Sen. Cheruiyot pursues the solution, this is not just a matter for Kericho, but the entire Wester region. If you look at the cases of land compensation for this project, more landowners were compensated on the Kisumu side than the Kericho side. I do not want us to say that this is owned by a certain community or county. This is something of great importance to the people of Kenya. If we fix this problem, we shall also boost food security.

The areas of Nyando, Soin and Koru have got some of the richest soils in this Republic. If we can just control the floods through the dam, we will not be talking about food donations and helicopters bringing yellow maize and beans whenever the floods hit.

Mr. Speaker, Sir, I support. I will personally follow up this matter, alongside Sen. Cheruiyot, Sen. Outa, Sen. Cherargei, and all the other concerned Senators. When we have a conversation with the President this weekend, we shall bring to his attention that some people are letting him down in procurement and project execution.

Thank you, Sen. M. Kajwang’.

Sen. Cheruiyot, your next Statement.

Thank you, Mr. Speaker, Sir. My second Statement is also very important. It concerns the lives of Kenyans.

I rise pursuant to Standing Order 48 (1) to seek a Statement form the Standing Committee on Health on the exportation of medical samples to laboratories outside the Republic of Kenya.

In the Statement, the Committee should explain-

Finally, I have a request for a Statement from the Committee on Roads and Transportation

I rise pursuant to Standing Order 48 (1) to seek a Statement from the Standing Committee on Finance and Budget on the merger of Government agencies to form the Kenya Transport and Logistics Network (KTLN) .

In the Statement, the Committee should-

Sen. M. Kajwang’.

Mr. Speaker, Sir, even though Sen. Cheruiyot requested the Statement from the Committee on Roads and Transportation, it is in the public domain that the KTLN is currently domiciled under the National Treasury. Parliament has also processed a budget that has allocated resources to the National Treasury for the parastatals and bodies that Sen. Cheruiyot has mentioned.

Would it be in order for this matter to be considered jointly by the Committee on Finance and Budget and the Committee on Roads and Transportation, because it entails a transfer of functions from one Ministry to another? Therefore, if we have the two Committees look into the matter, we might have much deeper introspection and investigation on the matters at hand.

I agree with Sen. M. Kajwang’ that the two Committees provide the answers.

Sen. (Dr.) Musuruve.

Thank you, Mr. Speaker, Sir, for giving me an opportunity. I would like to comment on the Statement by Sen. Cheruiyot.

We want to see you. Where are you?

Mr. Speaker, Sir, can you see me?

No. We cannot see you now. You have switched off again.

Thank you, Mr. Speaker, Sir, for giving me this opportunity.

Order! Put on your video.

Can you see me?

Yes.

Thank you, Mr. Speaker, Sir, for giving me the opportunity to comment on Sen. Cheruiyot’s Statement concerning exportation of medical samples of patients abroad. This issue concerns Kenyans because if medical samples are being exported, it means something is not happening right. Is it that the laboratories are failing us or we do not have the expertise?

There is need for capacity building in the area of medical laboratories, just in case the medics are not competent. According to the Universal Health Care (UHC) , a lot of money ought to be devolved to health. If there is any deficiency in the area of medial laboratories, there is need for the Committee to investigate and ensure that more money is taken there for UHC. This will ensure that the personnel are treated and given capacity building in this area. It does not sound right for samples to be taken abroad.

Thank you for the opportunity, Mr. Speaker, Sir.

Thank you.

Mr. Speaker, Sir, thank you very much. I want to support the Statement by Sen. Cheruiyot on the issue of export of samples. It is very sad that in this era, we have to take some samples to abroad for further analysis. I had a friend who had meningitis in Kenyatta National Hospital (KNH) and his samples had to be taken to South Africa for medical analysis. In the process of getting analysis from as far as South Africa, or any other country where further medial analysis is being done, it is heart wrenching for the families. They are told medication cannot start because they are waiting for sample results.

Mr. Speaker, Sir, those are the reforms that we would like to see in the Ministry of Health. With the advent of technology and use of laboratories, some people might become mischievous and use some of the Deoxyribonucleic Acid (DNA) samples in an unfortunate way.

Secondly, we have hospitals in this country that have been accused before of harvesting body organs to sale them in other countries. Some of these body organs are used for fetish reasons or any other ungodly ways. In the process taking these samples abroad, they might steal some of the body organs.

There was a story that was being run by the media sometimes back where some hospitals in this country, especially private facilities, disguised themselves that they were taking those samples for further medical analysis, but they dealing with human trafficking or selling some body organs.

Going into the future, I hope the Standing Committee on Health will take this issue seriously because we allocate a lot of money to the Ministry of Health and counties. Why can they not procure machines where blood samples or any other form of sample can be taken, be analysed within the sub-county, county hospital or national hospital and be able to get results as soon as possible?

In my opinion, the Managed Equipment Services (MES) where there was purchase of equipment and machines to the county hospitals and referral hospitals, we should have gotten more advanced machines that can do some of these samples analysis within Kenya so that Kenyans do not suffer waiting for results for one month or three weeks. In cases of meningitis, we should not be taking our samples to South Africa.

Mr. Speaker, Sir, going into the future, it is not safe for us and for the country because we do not know what other scientists or other hospitals outside this Republic are using. We expend a lot of money, especially people going to India and other countries to seek further medication. That is why when you get most cancer patients needing body transplants; be it kidney or any other transplant, they normally go to India.

You saw when there was the explosion of the Indian COVID-19 variant in India, many Kenyans suffered because those transplants could not have been done in Kenya. One of the reasons they prefer going abroad is that there have been cases of misdiagnosis and professional negligence in this country. We hope there will be proper machines so that we do not need to fly all the way to India or any other country for our samples to be taken so that we receive medication from there.

Mr. Speaker, Sir, we hope the Standing Committee on Health will not only look unto the reasons why or why the Ministry of Health allows those samples to be taken away, but they should ask the Ministry of Health the measures and strategies they have

put in place. I hope they will, not only invite the officials of the Ministry of Health, but they should also invite the 47 County Executive Committee Member (CECM) of health so that they share with us the plans they have to ensure that in future if I walk to Mosoriot Sub-County Hospital or Pokot, I can get those samples and do analysis.

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

What is your point of order Senator? The Majority Leader (Sen. Poghisio) : Mr. Speaker, Sir, the reason why Statements are concise and precise is so that they go to Committees. When Members take longer than necessary to make general comments that do not enrich these statements, it is not fair. They should add value to the Statement so that they can go to the Committee. If we start prosecuting them here, there might be no reason to send them to Committees. So, I think they should be curtailed.

Mr. Speaker, Sir, Sen. Poghisio is rarely here. When he is here, he is in such a hurry. Where is he rushing to?

This is a very important Chamber. In fact, I thought Sen. Poghisio was rising to add a very important question to this.

Do you see the danger that is in this hurried merger of Kenya Pipeline Corporation (KPC) and the Kenya Ports Authority (KPA) ? Kenyans have been raising very serious questions about the viability of the Kenya Railways Corporation (KRC) to repay its loans borrowed from China. I am glad that this question was brought by Sen. Cheruiyot and the Committee will investigate it conclusively.

Mr. Speaker, Sir, in an interview in December 2018, the President promised the people of Kenya that he was going to make public the loan agreement between the Republic of Kenya, KRC and the Chinese company, China Road and Bridge Company (CRBC) that is doing the railway. From December 2018 up to now, despite direct Presidential promise, those documents have not been made public. Nobody has done a follow up to find out why they were not made public.

The people of Kenya want to know if we are in a position to repay our loans. Is KRC, how it is structured and how the loan was structured, capable of carrying out this responsibility?

Mr. Speaker, Sir, I suspect the reason why KPA and KPC have been brought in is because someone knows that these are profit making companies; they are doing well on their own. So, merging them together is to give them the strength to repay the loan for the KRC. That is dangerous because in the event that KRC is unable to repay the loans to the China Roads and Bridge Company and the Government of China, these corporations will be taken away the same way it has happened in countries like Sri Lanka, among others.

This is not a simple question about why corporations were merged or who the lawyers were and what was the legal framework, it is deeper than that. We want to know what was the motive or objective of bringing in corporations that are doing well.

There was a taskforce that was formed by the President to investigate parastatals and it returned a verdict that there many corporations that are not viable, should be wound up, merged together and form one corporation to ensure that we do not waste public resources in various corporations that are doing the same things. However, you go

Mr. Speaker, Sir, the reason why Statements are concise and precise is so that they go to Committees. When Members take longer than necessary to make general comments that do not enrich these statements, it is not fair. They should add value to the Statement so that they can go to the Committee. If we start prosecuting them here, there might be no reason to send them to Committees. So, I think they should be curtailed.

for the more profitable corporations and merge them with a parastatal that is struggling to repay its debt.

I am sure that if this Committee will do a thorough job, they will make this House proud and the people of Kenya proud.

Mr. Speaker, Sir, I want to insist that when you give this responsibility to the relevant Committee, they must meet the timelines. That Committee must also notify the House because of the immense public interest on this matter so that as many of us as possible can participate as friends of the Committee.

Mr. Speaker, Sir, thank you.

for the more profitable corporations and merge them with a parastatal that is struggling to repay its debt.

I am sure that if this Committee will do a thorough job, they will make this House proud and the people of Kenya proud.

Mr. Speaker, Sir, I want to insist that when you give this responsibility to the relevant Committee, they must meet the timelines. That Committee must also notify the House because of the immense public interest on this matter so that as many of us as possible can participate as friends of the Committee.

Mr. Speaker, Sir, thank you.

That is precisely my point. The whole thing needs to go to the Committee for it to be processed. If any Senators want to enrich the Statement, just enrich it. Go add something to it before it goes to the Committee.

Mr. Speaker, Sir, I want to support the Statement about medical samples going abroad. I hope that through this Statement, we understand better how it works; how samples are exported and the conditions that are being asked here.

The Committee on Health will have to help us to understand this. There must be a reason why these Statements are interested in the laboratories which have been selected. There must be a reason why they are interested in knowing the procedures and the policies of exporting samples. It is very important that these itemized things are the ones which are going to be looked at and a thorough job be done.

I think all the Statements that come here are of national interest. We are all very keen to follow because we are educated more and we get to know more about what is happening in the various sectors of our Government.

Mr. Speaker, Sir, I just want to support that this is very important and so are the other Statements, including the one that I heard Sen. (Dr.) Musuruve asking about on leasing organs. Those kind of things are very good for us to know, so that policies can be made to further help in containing some of these disappearances.

Thank you very much.

The Chairperson of the Standing Committee on Devolution, and Intergovernmental Relations, are you ready?

The Chairperson of the Standing Committee on Devolution, and Intergovernmental Relations, are you ready?

Mr. Speaker, Sir, going forward, the Committee intends to hold a similar inquiry into the Technical and Vocational Educational Training (TVET) landscape in the country and report to the Senate on the implementation status of the TVET related policy and legal framework in the country.

Mr. Speaker, Sir, going forward, the Committee intends to hold a similar inquiry into the Technical and Vocational Educational Training (TVET) landscape in the country and report to the Senate on the implementation status of the TVET related policy and legal framework in the country.

Thank you. Sen. Cherargei, kindly, proceed.

Ministry of Health are putting in place. We agree some of the schools in the country do not have running water or sanitizers. What partnership are they having between the county governments and national Government to ensure that our children sanitize and wash their hands?

I am happy today I heard in the news that one of the leading banks in this country has donated masks and sanitizers to low-income areas like Mukuru kwa Njenga, Kayaba, Kibra, among other areas. As we open the first term in July, the Ministry of Education and Ministry of Health must assure parents that the Fourth Wave that they are predicting will happen in July will not interfere with the programme.

Mr. Speaker, Sir, going into the future, there should be mass vaccination. That is the only solution. We have seen reports by the World Health Organization (WHO). According to them and other scientists, when you have the full dose of Pfizer or AstraZeneca and get infected by Coronavirus Disease (COVID-19), the side effects might not be as dire as without the full dose.

We must agree as a country through the Ministry of Health and Ministry of Education and as the Government that we should provide mass vaccination for our people. This is so that the economy and schools can reopen. I hope the Committee on Education led by our able Chair Sen. (Dr.) Milgo, will sit with the Ministry of Education and come up with practical measures. This is to ensure that going into the future, vaccines will be available.

Mr. Speaker, Sir, I even challenge the Pharmacies and Poisons Board (PPB) that they should allow - individuals, private practitioners or Government – to import as many vaccines as possible that have been approved by the WHO. This is so that Senators like us who can pay for vaccines can be allowed to take the vaccine that has been approved. The free vaccine can be given to ordinary Kenyans like the mama mbogas, mikokoteni people and what have you.

I have seen my neighbor, Sen. Nyamunga of Kisumu County - we are being told there is an Indian variant in Kisumu County and we are worried because we are neighbors. The national Government and the Ministry of Education is yet to assure residents of Kisumu and neighboring counties like Nandi, Kericho, Kakamega and Vihiga on the possibility of explosion of the variant.

Mr. Speaker, Sir, we are yet to be given a way forward. What is the Ministry of Education surveillance doing? The last time we heard it was in Kibos and no one has updated us. The first Madaraka Day celebration in Kisumu County is fast approaching. I know many people will attend. As a county, we are also worried. This is so that this Indian variant does not make us restless.

As I conclude---

Ministry of Health are putting in place. We agree some of the schools in the country do not have running water or sanitizers. What partnership are they having between the county governments and national Government to ensure that our children sanitize and wash their hands?

I am happy today I heard in the news that one of the leading banks in this country has donated masks and sanitizers to low-income areas like Mukuru kwa Njenga, Kayaba, Kibra, among other areas. As we open the first term in July, the Ministry of Education and Ministry of Health must assure parents that the Fourth Wave that they are predicting will happen in July will not interfere with the programme.

Mr. Speaker, Sir, going into the future, there should be mass vaccination. That is the only solution. We have seen reports by the World Health Organization (WHO). According to them and other scientists, when you have the full dose of Pfizer or AstraZeneca and get infected by Coronavirus Disease (COVID-19), the side effects might not be as dire as without the full dose.

We must agree as a country through the Ministry of Health and Ministry of Education and as the Government that we should provide mass vaccination for our people. This is so that the economy and schools can reopen. I hope the Committee on Education led by our able Chair Sen. (Dr.) Milgo, will sit with the Ministry of Education and come up with practical measures. This is to ensure that going into the future, vaccines will be available.

Mr. Speaker, Sir, I even challenge the Pharmacies and Poisons Board (PPB) that they should allow - individuals, private practitioners or Government – to import as many vaccines as possible that have been approved by the WHO. This is so that Senators like us who can pay for vaccines can be allowed to take the vaccine that has been approved. The free vaccine can be given to ordinary Kenyans like the mama mbogas, mikokoteni people and what have you.

I have seen my neighbor, Sen. Nyamunga of Kisumu County - we are being told there is an Indian variant in Kisumu County and we are worried because we are neighbors. The national Government and the Ministry of Education is yet to assure residents of Kisumu and neighboring counties like Nandi, Kericho, Kakamega and Vihiga on the possibility of explosion of the variant.

Mr. Speaker, Sir, we are yet to be given a way forward. What is the Ministry of Education surveillance doing? The last time we heard it was in Kibos and no one has updated us. The first Madaraka Day celebration in Kisumu County is fast approaching. I know many people will attend. As a county, we are also worried. This is so that this Indian variant does not make us restless.

As I conclude---

You seem to be talking about very many things. Why do you not focus? You are talking about education and health. Can you remain focused on what you want to say because you are wading into so many things, Sen. Cherargei?

example, in Kisumu County. It will affect the education sector in that region and that was my worry even as we discuss.

I appeal to the Committee on Education that there should be a way that, in case we have that explosion, they should address it so that it does not affect learning.

However, I was just expressing as the area Senator that we are also worried because of the Indian variant that we are having. The Chair has assured us that he is working---

example, in Kisumu County. It will affect the education sector in that region and that was my worry even as we discuss.

I appeal to the Committee on Education that there should be a way that, in case we have that explosion, they should address it so that it does not affect learning.

However, I was just expressing as the area Senator that we are also worried because of the Indian variant that we are having. The Chair has assured us that he is working---

The Chair has a point of order.

Madam Deputy Speaker, in fact, Sen. Cherargei is talking about a raft of issues that our Committee has already answered. We spoke to issues to do with the Board of Management (BoM) and teachers very well. We invited Sen. Cherargei but he did not turn up in our Committee.

Secondly, we have already provided a raft of measures as a Committee to the Ministry of Education to be taken in the various schools. That is why it was smooth during the term that ended. Even right now, our kids are studying. We are into almost one month since schools opened and there are no issues. We are equal to the task and the Cabinet Secretary (CS) is equally equal to the task. Otherwise, as the Speaker has said, you are speaking to health, transport and education at the same time and then we get confused.

forbid, it will not affect education. It is a crosscutting issue. I want to invite the Chair to look at the issue as crosscutting so that we can address it.

Madam Deputy Speaker, finally, I am happy that the Committee last week met with the Ministry of Education on the pending payment of suppliers.

forbid, it will not affect education. It is a crosscutting issue. I want to invite the Chair to look at the issue as crosscutting so that we can address it.

Madam Deputy Speaker, finally, I am happy that the Committee last week met with the Ministry of Education on the pending payment of suppliers.

There is a point of order from Sen.

Madam Deputy Speaker, the Senator for Nandi County has more than ten times, spoken about the Indian variant of COVID-19 in Kisumu County.

Is he in order to speak about things that are not factual because the PCR test that is done to detect COVID-19 does not detect Indian, Brazilian, South African or South American variants?

Why is the Senator for Nandi County spreading fear and causing despondency, knowing fully well that the President of the Republic of Kenya is headed to Kisumu for a full weekend of launching projects, initiating development, reviving the economy and assuring jobs for the youth?

Why would he want to scare people from going to Kisumu County to accompany the President?

Is he in order to talk about the Indian variant when he does not have any scientific evidence to that effect?

Sen. Sakaja, I am not seeing you. I think there is a problem. That is okay. Sen. Sakaja, please, come.

Madam Deputy Speaker, while I appreciate the sentiments of my friend, Sen. M. Kajwang’, is it in order for Sen. Cherargei to be accused of misleading the House?

Remember I chaired this Committee on COVID-19 Situation in Kenya and one of the things we told the Ministry is to be very careful in its communication. If anything, the idea of there being a COVID-19 variant in any part of this country came from a briefing by that Committee on COVID-19 Situation in Kenya by Dr. Amoth or one of those officials. Then a few days later, it turned out that it was not proven.

As a House, we need to task the Ministry of Health. I wish I was still in that Committee. Our Committee on Health should task them to come clear because they are the ones spreading fear. There is nowhere Sen. Cherargei would have gotten information on the Indian or Jamaican variant.

Madam Deputy Speaker, we need proper information. We realize that we are having a serious function on1st June which is a national function. The President is going there. Baba was there yesterday and we saw how well he was received by Kenyans who love him, but it cannot be the Ministry itself spreading fear.

Spare Sen. Cherargei because he is not informed. I hope someone can bring a Statement to that effect. If not, I will bring one tomorrow or the next time we sit, for the Ministry of Health to be very clear about the statement they issued a few weeks ago, saying they had tested one or two people with that variant.

The Deputy Speaker (

Thank you, Sen. Sakaja. You have given us the solution. Let a different Statement be brought touching on the Ministry of Health.

Thank you, Madam Deputy Speaker. I rise pursuant to Standing Order No. 51 (1) (b) to make a Statement on the activities of the Committee on National Cohesion, Equal Opportunity and Regional Integration for the period commencing 9th February, 2021 to 19th March, 2021.

During the period under review, the Committee held a total of 11 sittings. It considered one Statement sought by Sen. (Dr.) Musuruve on the national Government and county governments on the measures to support Persons living with Disabilities (PWDs) during the COVID-19 pandemic.

The Ministry of Labour and Social Welfare gave its response and further response is being awaited from the Council of Governors’ Technical Committee on Health and Technical Committee on Human Resource, Labour and Social Welfare. Thereafter, the Committee will conclude consideration of the Statement.

Currently, there is no Bill or Petition pending before the Committee. During the period under review, the Committee met with representatives from the Ministry of Interior and Coordination of National Government; the Chairperson of the National Cohesion and Integration Commission (NCIC), the National Council of Churches of Kenya (NCCK) and the Media Council of Kenya (MCK). Among the issues discussed was deliberation on the ongoing intercommunal violence in various counties and heightened political tension witnessed during the by-elections.

The Committee also recommended collaborative strategies to prevent inter-ethnic and political conflicts, particularly during campaign period and measures to reduce political tension accelerated through platforms of churches and the media.

Due to the COVID-19 pandemic, the Committee was unable to undertake visits to adversely affected counties. However, the Committee will resume its inquiry and undertake the programmed visits after reduction in the COVID-19 pandemic.

During the period mentioned, the Committee was part of the delegation from the Senate that participated in the Elections Observation Mission in Kampala, Uganda, from 13th to 24th January, 2021.

The Committee also undertook an inspection visit of the Kenya Maritime Authority and the Kenya Ports Authority (KPA) to consider their compliance with the constitutional provisions on ethnic representation in their staffing. The Committee is scheduled to meet the Chief Executive Officer (CEO) of KPA on the same matter, and thereafter, table the report on the findings.

Madam Deputy Speaker, the Committee intends to carry out the following key activities during the next quarter-

Thank you, Madam Deputy Speaker. I rise pursuant to Standing Order No. 51 (1) (b) to make a Statement on the activities of the Committee on National Cohesion, Equal Opportunity and Regional Integration for the period commencing 9th February, 2021 to 19th March, 2021.

During the period under review, the Committee held a total of 11 sittings. It considered one Statement sought by Sen. (Dr.) Musuruve on the national Government and county governments on the measures to support Persons living with Disabilities (PWDs) during the COVID-19 pandemic.

Thank you.

Sen. Shiyonga, did you want to have an intervention?

are cushioning them during this COVID19 pandemic time. We were able to get a response from 42 counties.

That was quite commendable, although there are about five counties that did not give us what they are doing about PWDs. I am happy because the Chairperson of the Committee has decided that they are going to pursue that issue on disability so that we ensure there is equal opportunity for all of them.

Thank you.

Madam Deputy Speaker, allow me to briefly comment on the work of this Committee that is ably chaired by Sen. Shiyonga, whom I am very proud of. I am pleased with how she has taken up the role of a Committee Chairperson ably. She is the first female Senator to chair a Committee in this House. I am proud of what she has been able to do as a Committee Chairperson; not because she is female but because she has the ability. Sen Shiyonga is a Member of the Committee on Labour and Social Welfare which I chair and from where she says that she learnt a lot about the chairing of a committee.

The Committee on National Cohesion, Equal Opportunity and Regional Integration is extremely important. Sen. (Dr.) Zani was a Member of this Joint Committee in the last Parliament which I chaired in the National Assembly from 2013 to

Thank you, Sen. Sakaja. That marks the end of the Statements.

Next Order.

That is a good clarification. I hope that Sen. (Dr.) Musuruve has gotten that.

Please, proceed, Sen. Sakaja.

Next Order.

Thank you, Sen. Sakaja. That marks the end of the Statements.

Next Order.

Next Order.

On a point of order, Madam Deputy Speaker. I hate to interrupt Sen.

Sen. Sakaja, I was about to ask you why you are not giving your point of order in Kiswahili since that would have helped Sen. M. Kajwang’ to understand where to go.

Her Excellency Samia Suluhu Hassan, the President of Tanzania said that she will watch the proceeding of the Senate so you have the discretion on how to communicate to her.

Madam Deputy Speaker, it is unfortunate that I had started making my contribution in English and the Standing Order of the Senate do not allow me

On a point of order, Madam Deputy Speaker. I hate to interrupt Sen.

Sen. Sakaja, I was about to ask you why you are not giving your point of order in Kiswahili since that would have helped Sen. M. Kajwang’ to understand where to go.

Her Excellency Samia Suluhu Hassan, the President of Tanzania said that she will watch the proceeding of the Senate so you have the discretion on how to communicate to her.

Republic of Kenya on road network and generally on infrastructure. We have also seen the launch of the new port in Lamu.

There are those who think that Kenya is trying to compete with Tanzania in a negative manner. Competition is allowed even within countries that form part of a Commonwealth. Even within the European Union, you will find nations competing as a result of their comparative advantages. So, the Port of Lamu should not be seen as taking anything away from Tanzania. Indeed, if we have greater traffic along the Eastern Coast of Africa, then that will be of benefit to all the nations that lie along that coast such as Kenya, Tanzania, and other countries that are fed by those ports.

We have seen the kind of resolve and initiative the President of the United Republic of Tanzania has advanced when it comes to issues of natural oil and gas and the agreements that she has signed with the Republic of Uganda. We are sure that we are going to have a very progressive foreign policy coming out of Tanzania that will also power and spur the East African Community (EAC).

For those who have promoted the Building Bridges Initiative (BBI), one of the things they have not spoken about is the fact that Kenya wants to make regional integration a constitutional obligation, rather than just an issue of treaties and meetings of Heads of States and foreign affairs Ministers. That shows the kind of seriousness Kenya attaches to regional integration.

As a Senator from a county that borders two other countries, because Homa Bay borders Uganda and to an extend we border Tanzania, that is why sometimes we have all these conflicts where our fishermen get arrested by the police and soldiers from Uganda or sometimes by maritime officers from Tanzania. If regional integration becomes a constitutional obligation, we are assured that the shared resource, that is Lake Victoria, will be utilised in a far much more productive manner that will see to it that the fishermen in Kenya, Uganda and Tanzania derive value from that God-given gift.

As it is now, we have been fighting over small portions of that lake. That lake is big enough to feed all of us. In fact, Lake Victoria is big enough to meet the dietary, protein and fish requirements for the entire East African region and we will not have to import fish from China and other countries.

I hope that even Tanzania, on the other hand, will have certain constitutional imperatives. I know they will be struggling to amend their Constitution which is a stage that Kenya is also going through. If Kenya makes regional integration a constitutional imperative, then there will be no president who will come to office in Kenya and deny funding for the EAC organs such as the East African Legislative Assembly (EALA) as it is right now.

Those who have gone to Arusha of late will tell you that if you go to the EALA, at some point in time, you will find that employees are not paid their salaries for periods going to three or four months, including our representatives to that august House. It is because of lack of seriousness and a framework in member countries that do not prioritise the EAC and the spirit of regional integration.

We live in the age of Brexit and I do not think that we have gotten to the phase where we want to exit from the EAC because the benefits that accrue from being

members of the Community are far greater than the benefits that would accrue if we decided to go our separate ways.

I have had the opportunity to do some projects in Tanzania. In the past, it has been very difficult to get access to the Tanzanian corporate market. Even if you went there as a project manager just going to implement some information systems for a period of one or two months, the requirements around work permits, citizenship and immigration are obstacles. Sometimes, that stops Tanzania from taking advantage of some of the innovations that come from the region.

I hope President Suluhu will work very aggressively to bring down those barriers to movement of labour and capital. We are sure from her Address that was delivered in Parliament and also from the assurances that the Kenyan Head of State gave that Tanzanians will not be subjected to rigorous work permit requirements and that the same will be reciprocated on the Tanzania side, so that we form one huge market for our youth and persons who are employed.

There are people who denigrate Tanzanians sometimes that they studied Physics in Kiswahili or studied Chemistry using Kiswahili Language. When you go to Russia, they study everything in Russian. They do their trigonometry in Russia. So, there is nothing wrong if Africans build a body of knowledge and advance their language to a level where you can explain the Principles of Aristotle and the Philosophy of Socrates using your local language. It speaks to the heart and it is more memorable than subjecting people to foreign languages like English, Latin and other languages that are used in other countries that think they are more advanced.

I want to encourage Tanzanians to maintain that national heritage and also maintain their favour of Kiswahili as a language of communication, doing business, education and socialization. In Kenya, we probably crossed the Rubicon because ours is hopelessly tribal.

I want to paraphrase what someone out there said. They said that Kenya is a unique place where after every four or five years, you find politicians who are very urbanite and ride around with the latest Mercedes Benzes, S-Class, dine in the finest restaurants and have a very international view but when it approaches election time, they suddenly remember and go back to their tribes, so that they can be adorned in ostrich feathers and colobus monkey coats, given all sorts of concoctions, spend nights upon nights on end in solitude and go into withdrawal of conjugal responsibilities so that they can be seen to belong to a tribe; so that they use that to ascend to national leadership. Why should we try to ascend to national leadership through the narrow prism of ethnicity and tribalism?

Ladies and gentlemen, why should we distinguish Senators here? After three or four years, all of a sudden I realize that I am Abasuba, so I too go back to Suba land so that I can be declared a Suba elder. It is then that I can sit on the table of leaders of the Republic of Kenya. We are getting it wrong.

Madam Deputy Speaker, if there is anything we can learn from the people of Tanzania, it is the detribalization of their politics and institutions. Unfortunately, in Kenya, we are doing the reverse. We are entrenching ethnicity in our politics and institutions to the extent that whenever we are making decisions about the Supreme Court

and other apex bodies like that, the question is which tribe is already there. This is so that we can bring in someone from another tribe to balance the numbers.

We have a lot to learn from Tanzania. Let us not be cockish as a country, thinking that because we seem to have a bigger Gross Domestic Product (GDP), a stronger formal sector and currency, there is nothing that we can learn from our neighbours. We can learn humility from the political class of Tanzania. I wish our politicians would adopt the humility of the Tanzania Head of State, her down to earth nature, her motherliness, her tenderness and the sensitivity with which she addresses issues. I wish our politicians would adopt that.

I also wish we would allow people, irrespective of gender, to ascend to positions of leadership. I do not know whether it is because President Suluhu came to Kenya that now if you go to the Judiciary, it is headed by persons who were created by God to be of the female gender.

I previously heard some debates where Members of the Senate and the National Assembly were saying that they were very excited that a woman is now President of United Republic of Tanzania. They womanized the debate.

Madam Deputy Speaker, when I was in university and Prof. Margret Kamar was the Principal of Chepkoilel Campus, she was not Principal of Chepkoilel Campus because of her gender, but because of her ability. She was not there because of her sex, she was there because she went to school, was well qualified, and she beat other men and women to ascend to that position.

I believe that when a woman is in a position of leadership and responsibility, we should not womanize it. We should not reduce it to the gender. We should focus on the qualities and the preparation that the woman has had in life. Of course, it is much more difficult for women to ascend to these positions of leadership. I think that is why sometimes we pause and celebrate that the woman has made it.

Madam Deputy Speaker, Sir, just as Plato said, I believe that given equal opportunities, a man and a woman are capable of achieving the same things. Plato’s ideas have formed the basis of modern education. What experience is showing us is that women, because of their tenderness and sensitivity, could have greater emotional intelligence than men. Given equal opportunities, you will have a situation where women beat men in a fair competition.

Madam Deputy Speaker, let this be an inspiration to all those ladies who aspire to run for positions like governorship, the presidency or senatorial position. Let them not wait to be bequeathed those positions because of gender. Let them prepare themselves.

If President Suluhu did not prepare herself, if she did not invest in herself and the right morals and mental fortitude, she would not have found herself as the Vice President of the United Republic of Tanzania. This is my encouragement to womenfolk. Let us not womanize the debate. Let us humanize it, and let us find a way of ensuring that women are provided with equal opportunities.

Madam Deputy Speaker, finally, Tanzania is a country that is wonderful in all respects. If you look at the people born in Tanzania, particularly those of the female species, they tend to be rather attractive to the eye. They also tend to touch the hearts of men in a way that Kenyan girls have failed to do.

members of the Community are far greater than the benefits that would accrue if we decided to go our separate ways.

I have had the opportunity to do some projects in Tanzania. In the past, it has been very difficult to get access to the Tanzanian corporate market. Even if you went there as a project manager just going to implement some information systems for a period of one or two months, the requirements around work permits, citizenship and immigration are obstacles. Sometimes, that stops Tanzania from taking advantage of some of the innovations that come from the region.

I hope President Suluhu will work very aggressively to bring down those barriers to movement of labour and capital. We are sure from her Address that was delivered in Parliament and also from the assurances that the Kenyan Head of State gave that Tanzanians will not be subjected to rigorous work permit requirements and that the same will be reciprocated on the Tanzania side, so that we form one huge market for our youth and persons who are employed.

There are people who denigrate Tanzanians sometimes that they studied Physics in Kiswahili or studied Chemistry using Kiswahili Language. When you go to Russia, they study everything in Russian. They do their trigonometry in Russia. So, there is nothing wrong if Africans build a body of knowledge and advance their language to a level where you can explain the Principles of Aristotle and the Philosophy of Socrates using your local language. It speaks to the heart and it is more memorable than subjecting people to foreign languages like English, Latin and other languages that are used in other countries that think they are more advanced.

I want to encourage Tanzanians to maintain that national heritage and also maintain their favour of Kiswahili as a language of communication, doing business, education and socialization. In Kenya, we probably crossed the Rubicon because ours is hopelessly tribal.

I want to paraphrase what someone out there said. They said that Kenya is a unique place where after every four or five years, you find politicians who are very urbanite and ride around with the latest Mercedes Benzes, S-Class, dine in the finest restaurants and have a very international view but when it approaches election time, they suddenly remember and go back to their tribes, so that they can be adorned in ostrich feathers and colobus monkey coats, given all sorts of concoctions, spend nights upon nights on end in solitude and go into withdrawal of conjugal responsibilities so that they can be seen to belong to a tribe; so that they use that to ascend to national leadership. Why should we try to ascend to national leadership through the narrow prism of ethnicity and tribalism?

Ladies and gentlemen, why should we distinguish Senators here? After three or four years, all of a sudden I realize that I am Abasuba, so I too go back to Suba land so that I can be declared a Suba elder. It is then that I can sit on the table of leaders of the Republic of Kenya. We are getting it wrong.

Madam Deputy Speaker, if there is anything we can learn from the people of Tanzania, it is the detribalization of their politics and institutions. Unfortunately, in Kenya, we are doing the reverse. We are entrenching ethnicity in our politics and institutions to the extent that whenever we are making decisions about the Supreme Court

Thank you, Madam Deputy Speaker, for giving me the opportunity to again weigh in on the Address of Madam President Samia Suluhu who visited Kenya.

As a former Minister for Foreign Affairs this was extremely refreshing because I know how difficult it was sometimes to deal with certain mundane and intricate issues that arose between the two nations. However, we thank God that the Heads of States at that level were able to communicate and resolve most of the issues that took place in our situations.

This visit has clearly been able to open up the political space between Tanzania and Kenya. This visit has been able to open up an economic space that was a bit narrow and tight in terms of policy and pronouncements. It has now been opened up and there is a wide range of activities that will create and promote the wealth and the health of Kenyans and Tanzanians and in the overall, overarching East African Community bracket because the population is well beyond 150 million.

Therefore, we have a ready market within ourselves and if we expand to Ethiopia and South Sudan, then we have a much bigger market that we need not to struggle trying to sell manufactured goods. Manufacturing is the engine that will drive every nation and it is the engine that will create employment opportunities.

Like now when we have a total of 1.7 million Kenyans who lost their jobs, this is a very welcome visit. It opens up a new mandate for both Kenya and Tanzania to ginger up the manufacturing sector on both sides, and therefore, the young boys and girls, young men and women who lost their jobs can be able to regain their jobs back and increase more job opportunities.

Thank you, Senator. Hon. Senators, this is the last day for debate, and I am reserving five minutes for the Majority Leader to respond as we have agreed with him.

I had not noticed that we had more interest and that is why I was generous to Sen.

Thank you, Madam Deputy Speaker, for giving me the opportunity to again weigh in on the Address of Madam President Samia Suluhu who visited Kenya.

As a former Minister for Foreign Affairs this was extremely refreshing because I know how difficult it was sometimes to deal with certain mundane and intricate issues that arose between the two nations. However, we thank God that the Heads of States at that level were able to communicate and resolve most of the issues that took place in our situations.

This visit has clearly been able to open up the political space between Tanzania and Kenya. This visit has been able to open up an economic space that was a bit narrow and tight in terms of policy and pronouncements. It has now been opened up and there is a wide range of activities that will create and promote the wealth and the health of Kenyans and Tanzanians and in the overall, overarching East African Community bracket because the population is well beyond 150 million.

Therefore, we have a ready market within ourselves and if we expand to Ethiopia and South Sudan, then we have a much bigger market that we need not to struggle trying to sell manufactured goods. Manufacturing is the engine that will drive every nation and it is the engine that will create employment opportunities.

Like now when we have a total of 1.7 million Kenyans who lost their jobs, this is a very welcome visit. It opens up a new mandate for both Kenya and Tanzania to ginger up the manufacturing sector on both sides, and therefore, the young boys and girls, young men and women who lost their jobs can be able to regain their jobs back and increase more job opportunities.

Finally, the cultural aspect of it, I was very amused about the wildebeest and their nature on the flow from one side to the other side. For me, that was the capstone of a very important---They move from Tanzania to come and get their pregnancy status established in Kenya before they go back to Tanzania.

I think that is very symbolic because it creates a relationship between us and them; that is the cultural nature through animals, but much more meaningfully through the interaction between our own populations between Kenya and Tanzania.

After all, the interface between Tanzania and Kenya, if you are talking of Zanakis and the other tribes, they are more akin to Kisiis. Therefore, we see a common thread and a common genealogy. If we are talking about the Maasais, they have a common element and easy element. If we are talking about the Luos, they have that common interaction. Therefore, this is a natural phenomenon and natural situation that we bond together the two populations of Kenya.

With those few remarks, I support this Address and thank her for coming to Kenya to cement this relationship; political, social and economic relationship.

I thank you.

Thank you Senator. Yes, Sen. Shiyonga.

Thank you, Madam Deputy Speaker, for giving me this opportunity to contribute to this important Motion that has been tabled before this House today.

I want to start by congratulating Her Excellency, President Samia Suluhu Hassan, for being elected the President of the Republic of Tanzania and the first woman in East Africa to hold that position. I congratulate her and all the women in East Africa and Africa as a whole.

Madam Deputy Speaker, from President Suluhu’s Speech, most of her attributes were not only to a woman, but to all the genders that are represented here. She talked about the animals we share; where they come in Kenya, become impregnated and give birth in Tanzania. That alluded to the fact that she values animals and at the same time, she values what happens in animal environment.

We can only be separated by boundaries that were colonially demarcated, but we cannot be separated by blood and hence we are relatives regardless of the boundaries.

Many will argue that the position was handed over to her on a silver platter after the death of her predecessor. However, what happened was God’s plan; that, it was time for her to rule or to take over the country as a President. From her Speech, it is true that she can do it.

Madam Deputy Speaker, many are saying that women are favoured. From Her Excellency Samia Suluhu’s Speech, it is time for women to rule. From where you are seated, you are the Deputy Speaker of the Senate and we learn a lot from you. We can say that you are doing well just like the Speaker of the Senate, Hon. Lusaka. There is no difference in executing the mandate.

God created us all and, therefore, it is an honour when we are given an opportunity, we should execute it without fear of contradiction. I know that when she will be executing her mandate, she will deal with the economic barriers that have been there,

No. the Senate Majority Leader will not have time to respond.

It is okay. Next time.

Sorry about that, Senator.

Madam Deputy Speaker, my time is very short, but I will donate two minutes to Sen. (Dr.) Milgo.

Sen. (Dr.) Milgo, proceed.

Madam Deputy Speaker, thank you for this chance to congratulate President Samia Suluhu for a meticulous Speech. President Suluhu stamped her authority to signify that there is a new President in town.

In her Speech, she pointed out where these two countries have come from. She came here to establish a new relationship between the two countries. She identified where the two countries came from, starting from 1967 during the Colonial era, where people from similar communities, cultures and same names were separated by imaginary boundaries in the interest of colonial masters.

Madam Deputy Speaker, the President is serious to the extent that she called upon parliamentarians to come up with a legislative framework and policy to ensure the new relationship between Kenya and Tanzania is mended more specifically in terms of investments and trade. I am doing a Bill on investment promotion. I found that without good policies, trade and investment would be a challenge.

In this case, legislators are supposed to come up with and strengthen Judiciary processes. This is so that there will be seamless ways of solving disputes and complaints in the course of trading.

She went ahead to ask for legislation to ensure there is seamless data in one-stop shop.

Thank you.

Thank you. Senate Majority Leader, you have three minutes to wind up.

Bi Naibu Spika naomba ruhusa kujibu Hoja. Hii ni Hotuba ambayo ilitolewa na Mhe. Suluhu Hassan. Katika Hotuba hiyo, alifafanua sera zake na kusema mengi kuhusu safari yake hapa Kenya. Namshukuru

Madam Deputy Speaker, thank you for this chance to congratulate President Samia Suluhu for a meticulous Speech. President Suluhu stamped her authority to signify that there is a new President in town.

In her Speech, she pointed out where these two countries have come from. She came here to establish a new relationship between the two countries. She identified where the two countries came from, starting from 1967 during the Colonial era, where people from similar communities, cultures and same names were separated by imaginary boundaries in the interest of colonial masters.

Madam Deputy Speaker, the President is serious to the extent that she called upon parliamentarians to come up with a legislative framework and policy to ensure the new relationship between Kenya and Tanzania is mended more specifically in terms of investments and trade. I am doing a Bill on investment promotion. I found that without good policies, trade and investment would be a challenge.

In this case, legislators are supposed to come up with and strengthen Judiciary processes. This is so that there will be seamless ways of solving disputes and complaints in the course of trading.

She went ahead to ask for legislation to ensure there is seamless data in one-stop shop.

Thank you.

Thank you. Senate Majority Leader, you have three minutes to wind up.

Bi Naibu Spika naomba ruhusa kujibu Hoja. Hii ni Hotuba ambayo ilitolewa na Mhe. Suluhu Hassan. Katika Hotuba hiyo, alifafanua sera zake na kusema mengi kuhusu safari yake hapa Kenya. Namshukuru

Rais wetu, Rais Uhuru Kenyatta, kwa kumualika na kupatia fursa na ruhusa ya kupata kiongozi mgeni kuja kuhutubia.

Kikao cha pamoja ambacho alihutubia katika Bunge kilifana sana. Ningependa kuwashukuru Wabunge wenzangu, Maseneta, ambao wamejaribu kujadili kwa Kiswahili. Wengi hawajafanya hivyo lakini naomba kwamba tukipata nafasi ama fursa nyingine, tungehimiza kwamba Maseneta wote wachangie kwa lugha ya Kiswahili.

Bi. Naibu Spika pia ningeomba kwamba ile harakati yetu ya kutafsiri Kanuni zetu za Bunge katika lugha ya Kiswahili imalizwe kwa haraka, ili pia tuchukue siku moja katika wiki kujadili kwa lugha ya Kiswahili.

Bi. Naibu Spika, kwa hayo machache, nawashukuru Maseneta wote na kuomba kujibu.

Thank you, Senator. Hon. Senators, as we wind up this debate, may I also join in congratulating Her Excellency the President of Tanzania for her election and being the first woman President in the East African Community (EAC) .

May I also take the opportunity to congratulate our first female Chief Justice Martha Koome.

Hon. Senators, the debate on the Address of the President is not a matter affecting counties. Therefore, I will now put the question.

Hon. Senators, it is now 12.31 p.m., time to interrupt the business of the Senate. The House, therefore, stands adjourned until this afternoon, Tuesday, 25th May, 2021, at 2.30 p.m.

The Senate rose at 12.31 p.m.