Tuesday, 26th July, 2016

Hon. Senators, I wish to recognize the presence of visiting Members and staff of the Zimbabwe Parliamentary Committee on Legal Affairs who are seated at the Speaker’s Gallery. They are as follows:-

Hon. Innocence Gonese - The Leader of the Delegation The Hon. Ziyambi Ziyambi - Member Hon. Fortune Chasi - Member Hon. Fungayi Jesse Majome - Member Mrs. Gladys Pise - Parliamentary Counsel Mrs. Nosizi Khumalo - Committee Clerk In our usual tradition of receiving and welcoming visitors to our Parliament, I send a warm welcome to them. On your behalf and on my own behalf, I wish them a fruitful visit to our Senate.

Thank you, Mr. Speaker, Sir. Permit me to extend a warm welcome to the delegation from Zimbabwe. We are happy you came to visit us. Zimbabwe and Kenya have enjoyed very friendly relations for a long time. Both countries share a lot of similarities as they pursue development. It is in order for us to meet, interact and exchange ideas. Feel at home and enjoy yourselves as you eat our version of “sadza”which is ugali.

Thank you, Mr. Speaker, Sir. I also wish to join in extending the warm welcome to my learned friends from Zimbabwe. We have had a very good interactive session. We learnt a lot from them and they have also learnt a lot from us. They are gender sensitive. The Affirmative Action Bill or Gender Role Bill that is in the Order Paper today is already being practiced in Zimbabwe as from the year 2013.

gender sensitive. I hope we shall also visit you in Zimbabwe and thank you for choosing Kenya.

Thank you, Mr. Speaker, Sir. Together with my colleagues, I would also like to welcome the delegation from Zimbabwe. The reason I rose to speak and congratulate them is because through an effort of one of the Members who was then in the Opposition, Zimbabwe was able to sign into law something we call the Arms Trade Treaty (ATT) which this country has not managed to do.

I learnt through the Parliamentary Global Action that there is an opportunity for legislators to use what we call the soft approach even when in the Opposition, to enable a country do something as important as the ATT as we commonly refer to it. Just to echo the sentiments of Sen. Sijeny that those efforts emphasize the idea that there is more room for ladies in parliamentary action.

Order, Sen. Mutula Kilonzo Jnr.! Your Speaker was very instrumental in that ATT. What are you going to do for your Parliament? Food for thought!

Proceed, Sen. (Dr.) Machage.

Thank you, Mr. Speaker, Sir. The mention of Zimbabwe for those of us who are old enough reminds us of the struggle for Independence and, indeed, Kenya also had its history on the same. We are proud of the statesmanship the leader of your country. We tend to read a lot of small extracts in this country of words of wisdom from the President of Zimbabwe. We are happy to receive a delegation from that country.

Feel welcome in Kenya.

Mr. Speaker, Sir, I want to join you in welcoming this wonderful delegation. We, as a Committee on Legal Affairs and Human Rights hosted them. One of the interesting things to learn from this particular Committee is that this is a constitutional Committee. It is a Committee that is constituted according to their new Constitution whose mandate mirrors the mandate of the Committee on Legal Affairs and Human Rights.

We learnt a few things from them. One of the things that I know for sure, they will learn from our situation in Kenya as they are in the process of trying to set up devolution in their country. This is one of those institutions in this country mandated to protect, preserve and advise the quest for devolution. I ask them to learn and to see how the Senate is working to entrench devolution in this country.

Next Order.

Mr. Speaker, Sir, kindly allow me to table some Papers on behalf of a number of Committees.

Report on the Energy Bill (National Assembly Bill No. 50 of 2015)

Next Order.

On a point of order, Mr. Speaker, Sir. Did you notice that Sen. (Prof.) Lesan, the Chairman of Devolution crossed to the other side of the House and comfortably walked back smiling as if he was transacting business in Nyangores Ward?

Order, Sen. Sang! Firstly, I did not notice. Secondly, where is Nyangores Ward?

Could you confirm, Sen. (Prof.) Lesan?

Mr. Speaker Sir, indeed, I was at the Dispatch Box area in the House, but I did not cross the Floor of the House. I am glad that you have mentioned that you did not see me do so.

Order! That happiness is displaced. I do not need to see you. That is why I asked you to confirm. I was just confirming that I had not seen you. That does not mean that it did not happen. That is why Sen. Sang was pointing it out. In this place, we do not act because you are not being seen. You act on what is supposed to be done.

Mr. Speaker, Sir, I actually went to the Dispatch Box area. Unfortunately, as my colleague was resuming his seat, he thought I obstructed his direct view of the Chair. I do apologize for not showing respect to the Chair.

Order, Senator! I do not understand.

Did you or you did not cross the Floor?

Mr. Speaker, Sir, indeed, as I said, I actually crossed the Floor. However, I did not realise that I had entirely crossed the Floor. Indeed, I crossed and that is why I am apologizing.

Order. The form of the apology is that after the apology there is a remedy. The remedy is to retrace your steps and do the necessary.

Order, Members! Are there any requests? We will take the requests first. If not, we will proceed on the Statements to be issued.

The Chairperson of the Standing Committee on National Security and Foreign Relations to issue a Statement on the security situation in the Republic of South Sudan. What is it, Sen. (Prof.) Lesan?

On a point of order, Mr. Speaker, Sir. I made a request for a Statement from the Standing Committee on Labour and Social Services regarding the industrial strike that was going on within the County of Bomet among the tea workers. It

was due last week on Thursday.

What happened on Thursday last week?

Mr. Speaker, Sir, it was not issued on Thursday. However, I did not press for it.

Our tracker centre here shows that the Statement regarding industrial action by members of the Kenya Plantation Workers Union was requested on 6th July, 2016, and was to be issued on 20th July and then was postponed by another one week to 27th July. It is supposed to be on the Order Paper tomorrow.

Thank you, Mr. Speaker, Sir. Much obliged.

Sen. Dullo!

Mr. Speaker, Sir, I wish to respond to a request for a Statement which was sought by Sen. Wetangula.

July 2011 following a referendum as provided for by the Comprehensive Peace Agreement (CPA) signed between the Sudan People’s Liberation Movement Army (SPLA) and the Government of Sudan on 9th January 2005.

However, the country plunged into a political crisis in December 2013 when violent conflict broke out between SPLA forces loyal to the President Salva Kiir Mayardit and those loyal to the Vice President Dr. Riek Machar. Immediately, IGAD Heads of States and Government initiated a process to resolve the crisis in South Sudan. The IGAD-led South Sudan Peace talks resulted in the signing of agreements for the resolution of the conflict in the Republic of South Sudan on 26th August, 2015.

With the support of the Intergovernmental Authority on Development (IGAD) and the international community, the implementation of the peace agreement has been progressing at a sluggish pace largely due to lack of trust and goodwill, naming the parties to the conflict.

Mr. Speaker, Sir, on Friday, 7th July, 2016, fierce fighting erupted in Juba near the State House where His Excellency the President Salva Kiir was meeting with first Vice President and His Excellency, (Dr.) Machar. Immediately, the crisis broke up. His Excellency President Uhuru engaged with the leadership of South Sudan urging them to do everything within their powers to end the senseless fighting and restore calm.

The Cabinet Secretary for Foreign Affairs initiated engagement with her South Sudan counterpart to see his commitment on the safety of Kenyans as well as our staff in the mission in Juba.

Mr. Speaker, Sir, further consultations with IGAD Foreign Ministers were intensified with the view to persuading the leadership of South Sudan to immediately stop hostilities and resolve their differences through peaceful means. This culminated into the convening of the Extra-Ordinary Session of IGAD Council of Ministers on 11th July,

On 15th July, 2016, the Ministry of Foreign Affairs dispatched an official to Juba to liaise with and assist the Embassy in ascertaining the number of vulnerable Kenyans willing to leave the possible means of transport out of Juba and exit route. Simultaneously, on 16th July, the Chiefs of Defence Forces of Kenya, Ethiopia, Rwanda, Uganda and the Sudan visited Juba to discuss regional stabilization effort.

On Saturday, 16th July, 2016, a team of 16 officials including six medical personnel were dispatched to Juba to commence emergency evacuation. Between 16th and 19th July, 2016, a total of 845 nationals were evacuated by air which includes 712 adults and 133 children who were infants. Among the evacuees, priority was given to the vulnerable, mainly women with infants, children, the sick, elderly, wounded and persons with disabilities. As of 18th July, 2016, the number of Kenyans who had registered at the Embassy stood at 4,031.

The Government is negotiating for safe road passage through Juba-Nimule Road to Uganda for Kenyans who could not be evacuated by air. Currently, there are about 1,000 Kenyans camping at the Embassy in Juba to whom the Government is providing safety and emergency relief. So far, an estimated 1,500 Kenyans have benefited from the security escort provided by the Ugandan Defence Forces escorting trucks ferrying their nationals to Uganda.

Mr. Speaker, Sir, I wish to report that our Embassy at Juba will continue to issue free emergency travel certificates for those without valid travel documents up to Monday 25th July, 2016. As at present, the situation is calm and quiet and it is expected to continue to improve. The Government is still monitoring the situation closely with a view to quickly determining an appropriate course of action should the situation deteriorate.

With regard to the number of Kenyans who have lost their lives in the ongoing skirmishes, there is one unconfirmed report of the death of a Kenyan truck driver allegedly killed in crossfire; a Mr. Mohammed Ali Ibrahim. The Embassy is in constant communication with the relevant authorities to ascertain the accuracy of this report as well as the nationality of the deceased.

Third is on how the bodies of Kenyans who have lost their lives will be brought back to Kenya. The alleged deceased Kenyan is alleged to have been buried in the South Sudan according to Muslim rites.

Fourth is on whether the Government is considering seeking compensation from the Government of South Sudan for Kenyans who may have lost their properties in the conflict. The Government is concerned about the loss suffered by the investors from Kenya. However, at this particular moment in time, efforts are geared to ensuring the safety and evacuation of nationals as well as encouraging the parties to the conflict to resolve their differences through peaceful means. Once the situation improves and peace is restored, the Government will engage with the Government of South Sudan to explore avenues of compensation.

The fifth question is on what the Government is doing as a leader in the region to engage intergovernmental authorities; the East African Community, the African Union, the United Nations (UN) and other international agencies to assist in solving the conflict. The Government has been fully engaged in mobilizing both regional and international

Sudan.

His Excellency the President has used various fora including the recently concluded United Nations Conference on Trade and Development 14 (UNCTAD) and the initially held 27th Ordinary Summit of the African Union Heads of States and Government. He has also interacted with global diplomats such as the UN Secretary General, Ban Ki Moon, on the matter.

Immediately the new spate of violence broke out, the Government took the lead in calling for the urgent convening of the Extra-Ordinary Session of IGAD Council of Ministers to map out a regional response. Thus, Kenya hosted the 56th Extra-Ordinary Session of IGAD Council of Ministers on 11th July, 2016 which condemned the resurgent violent conflict and made several demands for immediate action including an immediate ceasefire, reopening of the Juba International Airport and reopening up of humanitarian routes.

On 16th July, 2016, His Excellency the President participated in the Summit of the Heads of States of IGAD plus the UN Secretary-General, Chairperson of AU Commission, Chad, Rwanda, South Africa, Nigeria and Algeria in Kigali, Rwanda. The Summit issued a communiqué by among others, acknowledging the ceasefire declared by the leader of SPLA-AIG and SPLA-AIO as a step in the right direction and urged for its full and unconditional implementation.

They also called for immediate investigation of the recent violence in Juba and elsewhere in South Sudan with a view to ensuring accountability of those responsible for the breakdown of law and order. Thirdly, they appealed to the international community and the humanitarian agencies to ensure accountability of those responsible for the breakdown of law and order.

They also appealed to the international community and the humanitarian agencies to come to the rescue of the affected population in South Sudan by strengthening their presence and mobilizing requisite resources and in that connection demand the parties to guarantee safe humanitarian corridors for passage of displaced communities and delivery of humanitarian supplies.

Finally, within the IGAD, AU and the UN framework, Kenya has continued to play a proactive diplomatic engagement to implore on the leadership of South Sudan to honour the peace agreement with a view to restore peace and tranquility. Furthermore, IOGAD, AU and the UN Security Council are seized with the matter and have held several meeting to map out the stabilization effort.

Sixth is on what the international community is doing to demilitarize Juba and disarm the combatants with a view to merging the two warring armies into one national army. The UN Secretary-General has recommended the reinforcement of the UN mission in South Sudan. In this respect, the UN Security Council is considering the possibility of additional troops to reinforce United Nations Missions in Sudan (UNMIS) and is counting on the region.

On 10th July, 2016, members of the Security Council encouraged states in the region to prepare to provide additional troops in the event the Council so decides. IGAD called on the United Nations (UN) Security Council to extend the mission of United

a regional protection force to separate the warring parties, protect major installations, the civilian population and participation of Juba.

IGAD also calls for immediate containment of the armed forces throughout the country to separate the forces in accordance with the permanent ceasefire and transitional security arrangement.

On supplementary information that was requested; first, is whether the Government is considering lobbying the international community to send peacekeeping forces into South Sudan.

Mr. Speaker, Sir, through the IGAD framework, the Government calls on---

Chairperson, you should be concluding.

Mr. Speaker, Sir, it is a long one.

But he has a copy.

Mr. Speaker, Sir, in conclusion, question No.6 is how prepared the Government is in dealing with the influx of refugees from South Sudan. Most of the questions are exhaustively responded to unless the Senator would like to seek clarification in one or two issues. The issue of refugees is primarily one of international concern. The Government will work closely with the relevant international agency should there be an influx of refugees.

The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, I thank the distinguished Senator for that long answer on the issue of South Sudan.

Could the Chairperson tell the House and the country why – this is on page 3 of her statement – while Uganda sent troops into South Sudan up to Juba to not only protect its nationals but carry out some evacuations, our country was seeking assurances of safety of Kenyans from the Government of South Sudan?

In a situation such as it appertains in Juba, you cannot possibly seek assurances from a Government that is dysfunctional and running two standing armies in Juba. Could the Chairperson tell us what concrete steps are being taken? From the whole rigmarole that we have been subjected to, there is no indication of any concrete plan by the Government either to send escorted buses or trucks to bring back people from South Sudan even the 1,000 that you say are marooned at the Embassy.

I know the Embassy compound; it is a very tiny little place. It probably cannot even accommodate 300 people. How are Kenyans being catered for knowing that the population of Kenyans in South Sudan is in excess of 35,000? We are told that 4,000 are registered with the Embassy. Obviously somebody who is at the border at Nadapal or Nimule will not have money to go to Juba to register at the Embassy. What are we doing to save our people?

In addition, how many refugees have fled to Kenya so far? It may be an international responsibility but the first port of call and contact is the Government of the Republic of Kenya or whichever Government is proximate to the exit of refugees. How many refugees have come into Kenya so far since this conflict started?

Lastly, what is the Government doing as the regional leader to help bring normalcy into Sudan? President Salvar Kiir is now playing the usual tactics that we see in this country of poaching and purchasing opposition members to join him and others to

because Mr. Riek Machar was not just a leader of the faction but a leader of a heavily armed section of the population of South Sudan. What are we doing? Peace in South Sudan is peace in Kenya and vice versa.

because Mr. Riek Machar was not just a leader of the faction but a leader of a heavily armed section of the population of South Sudan. What are we doing? Peace in South Sudan is peace in Kenya and vice versa.

Mr. Speaker, Sir, the latest announcements by the Government on the policy on refugees is that Kenya intends to close refugee camps. We now have a crisis in South Sudan. Have you revised that policy? If so, how many refugees do you intend to allow into Kenya?

Secondly, you have said that you only airlifted 800 out of the 4,000 registered refugees in South Sudan. You have also said you want to use road transport in a war ravaged country. What informs your thought on using road transport to bring refugees instead of continuing with the airlifts?

Sen. (Dr.) Machage, are you referring to refugees or Kenyans in South Sudan?

Mr. Speaker, Sir, sorry. I am referring to Kenyans.

Mr. Speaker, Sir, we just heard from the Statement that for Kenyans in South Sudan who do not have travel documents, the Government has put in place an arrangement to issue travel certificates. This programme was going on until yesterday, Monday, 25th July, 2016.

Could consideration be given to continue with this programme to ensure that any Kenyan in South Sudan who wishes to travel back home is guaranteed travel documents and security escort until they arrive?

Mr. Speaker, Sir, could the Chairperson tell us what arrangements have been made in Turkana County to secure Kenyans? Given the fact that the last time there was an influx from Sudan - you know very well about the situation in Lokichoggio and other places - what are we doing to ensure that Kenyans will remain secure inspite of the influx of those refugees? What are we doing to bring together the warring factions? As opposed to popular opinion expressed by one of the Senators who spoke earlier; opposition members can migrate willingly and comfortably without being bribed or given any money.

So, is it not possible to merge this people as---?

Mr. Speaker, Sir, please protect me from the Senator for Mandera who is claiming that members of the opposition are moving to Government willingly.

Order, Sen. Kagwe. How can you be protected from your invitation? Sen. Billow is your guest. You invited him.

ultimately Kenya is the country that is going to assist these people.

ultimately Kenya is the country that is going to assist these people.

Sen. Billow.

Mr. Speaker, Sir, as matter of policy, I want to know from the Chairperson of the Committee on National Security and Foreign Relations what the Government’s policy is with regard to Kenyans working in conflict situations like South Sudan? This is because there seems to be a challenge where often, in South Sudan, this matter has been covered extensively in our media. Kenyans have been suffering in South Sudan even before this conflict. Many have been killed while others including pilots have been in detention for a long time.

The Foreign Affairs Ministry does not seem to have a policy for assisting Kenyans when there are problems in those countries even without these conflicts.

Sen. M. Kajwang.

Mr. Speaker, Sir, in the past, the Government has appointed certain individuals as special envoys or advisors in situations like these where there is conflict. The last time conflict broke up in South Sudan, Kenya appointed Hon. Dalmas Otieno as a special envoy.

Could the Chairperson confirm whether the Hon. Dalmas Otieno still acts as the special envoy of Kenya to South Sudan, under what terms he is holding that position and whether Kenya intends to continue using his services in the future in the light of the fresh outbreak of violence?

Sen. (Prof.) Lesan.

Mr. Speaker, Sir, I reiterate that in the past, Kenya has appointed some personnel to handle the issue in Sudan. Since this was a military issue, General Sumbeiywo was the arbitrator on the ground. I believe he did a wonderful job during the crisis at that time.

Could the Chairperson state whether the Government is considering reinforcing this office of General Sumbeiywo in Sudan in order to deal with the problem?

Secondly, I wish to know what Kenya is doing to prepare, with the help of any residual government in South Sudan, to handle refugees inside Sudan who might be Kenyans.

The Chairperson.

Mr. Speaker, Sir, I confess to this House that I might not be able to give most of the information and clarifications sought. It is outside what was initially requested by Sen. Wetangula. I need to go back to the Ministry and confirm what position they are taking especially on the issue of the buses that escorted and transported Kenyans from South Sudan.

The Chairperson.

Mr. Speaker, Sir, I confess to this House that I might not be able to give most of the information and clarifications sought. It is outside what was initially requested by Sen. Wetangula. I need to go back to the Ministry and confirm what position they are taking especially on the issue of the buses that escorted and transported Kenyans from South Sudan.

The Chairperson.

Mr. Speaker, Sir, the issues are captured in the HANSARD and I may not be able to answer most of the clarifications sought by the Members. I will be able to clarify from the Ministry in a week’s time.

Order, Members. Sen. (Dr.) Machage, my understanding was that the Chairperson was basically revisiting the clarifications being sought and disposing each one of them either by giving some response or by saying that she does not have a response, which means that she will seek more information. That is the only way to assure the Members who had sought those clarifications that she was seized of the issues.

What is it, Sen. Wetangula?

Mr. Speaker, Sir, the issues are captured in the HANSARD and I may not be able to answer most of the clarifications sought by the Members. I will be able to clarify from the Ministry in a week’s time.

Order, Members. Sen. (Dr.) Machage, my understanding was that the Chairperson was basically revisiting the clarifications being sought and disposing each one of them either by giving some response or by saying that she does not have a response, which means that she will seek more information. That is the only way to assure the Members who had sought those clarifications that she was seized of the issues.

What is it, Sen. Wetangula?

Vice Chair.

Mr. Speaker, Sir, we will bring additional responses to the questions asked after recess. That is if we will go on recess this Thursday.

Mr. Speaker, Sir, we are talking about a matter over which Kenyans are very anxious. We know a lot of the information is readily available at the Ministry. Could the Chairperson make every effort possible to come back with answers on Thursday before we go for recess?

Mr. Speaker, Sir, the media reports on what is happening in South Sudan is worrying. We saw images of hundreds of Kenyans stranded at the airport but no nationals of other countries could be traced there. That means that Kenyans were abandoned by the Government and we cannot allow that kind of a situation.

Could the Vice Chair undertake to respond to these issues by Thursday so that in case we go on recess, we are assured of the lives of the many Kenyans who are in South Sudan because this is a serious matter?

Mr. Speaker, Sir, we are talking about a matter over which Kenyans are very anxious. We know a lot of the information is readily available at the Ministry. Could the Chairperson make every effort possible to come back with answers on Thursday before we go for recess?

Mr. Speaker, Sir, the media reports on what is happening in South Sudan is worrying. We saw images of hundreds of Kenyans stranded at the airport but no nationals of other countries could be traced there. That means that Kenyans were abandoned by the Government and we cannot allow that kind of a situation.

Could the Vice Chair undertake to respond to these issues by Thursday so that in case we go on recess, we are assured of the lives of the many Kenyans who are in South Sudan because this is a serious matter?

Mr. Speaker, Sir, we all notice that this is a very serious issue and we are being made to understand that the answers are available somewhere. Could the Chair undertake to bring the Cabinet Secretary (CS) concerned to this House so that we address the issue because this is urgent and serious?

Exactly, we need to use the quickest possible way even if it means doing it today.

Order, Sen. Karaba, do you want Kenyans to be parachuted from Juba to Nairobi?

Exactly, we need to use the quickest possible way even if it means doing it today.

Let us go to the next Statement.

Mr. Speaker, Sir, much obliged.

Let us go to the next Statement.

Order, Members. I have previously advised that when we have no response, let the Chair and the Member know, so that we do not canvas the issues in the Plenary if there is an agreement unless there is a disagreement.

Mr. Speaker, Sir, the Chairperson spoke to me about that and we reached some understanding on that. I have no objections whatsoever and I will wait until the CS gives us the response.

Order, Members. I have previously advised that when we have no response, let the Chair and the Member know, so that we do not canvas the issues in the Plenary if there is an agreement unless there is a disagreement.

Mr. Speaker, Sir, the Chairperson spoke to me about that and we reached some understanding on that. I have no objections whatsoever and I will wait until the CS gives us the response.

Let us go to Statement (c) although I cannot see the Member here.

Mr. Speaker, Sir, I am ready to execute the Statement but the Member is not here. So, I seek the indulgence of the Speaker to defer it because he was very keen on it.

Order, Mr. Chairman. I cannot see a copy of the Statement with you.

Okay, I believe you. We will wait until the time Sen. (Prof.) Anyang'-Nyong'o will be around. For purposes of reorganisation of business, that Statement is deferred to Thursday. I think this is the second time we are deferring it. For those who have a bit of care and the neighbourhood of Kisumu County, you need to tell the Senator that it will be his last chance.

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

What is it Sen. Wetangula in your capacity as the Leader of that side?

On a point of order Mr. Speaker, Sir. I do recall Sen. (Prof.) Anyang’ Nyong’o informing me that he was travelling to Poland. So, Thursday may not be appropriate. I think it may be put off to after recess.

On a point of order Mr. Speaker, Sir. I want to seek your guidance on an issue that I had requested a statement on regarding Kenya Airways.

Order, Senator. From where I sit, I saw you were following the proceedings actively and engaging, even if not in the whole Plenary but in your neighborhood, then all of a sudden you spring a surprise on us. We are disposing of statement (c) .

What is it Sen. (Dr.) Machage?

On a point of order Mr. Speaker, Sir. If you heard Sen. Wetangula humbly requesting for the Statement to be delivered after recess, the fact that a Member has travelled to a far country is no indication that he may not be here tomorrow.

He is gone for a week. That is the information you did not give us. If that is the information, then I am satisfied but just because he went to Poland, it does not mean that he will not arrive here tomorrow.

Order Members. The Minority Leader is engaging us in speculation. In fact, his eloquence deserted him and you could tell he was busy trying to confirm from other scenarios. I also know for a fact that he has written to me on another matter and given very clear directions implying his absence. But on this particular matter, he made no commentary.

Under the circumstances, the Statement will be on the Order Paper on Thursday. It is the responsibility of the Member to request deferment or otherwise. This House cannot purport to be acting on his behalf without the necessary prayers being sought.

I agree with Sen. (Dr.) Machage that this is now a property of the House but we are always sympathetic to the Member when he seeks alternative prayers. For now, the Chair is not aware of any.

On a point of order, Mr. Speaker, Sir. I am patiently waiting for my statement under Statement (f) but apparently a number of Senators are just rising on points of orders and requesting for their statements and yet they are not on the schedule.

I cannot agree more. The practice is that we exhaust what is on the Order Paper before you can raise the other concerns. I hope Sen. Cheruiyot and Sen. Wamatangi are with us.

Let us move to Statement (d) ; Chairperson on Health to issue a statement on free maternity care by Government hospitals. Sen. (Prof.) Lesan!

Thank you, Mr. Speaker, Sir. Order Senator! We are not on your committees. My apologies, Mr. Speaker, Sir. Today Senator, you might need to visit a doctor.

Mr. Speaker, Sir, this is truly very unfortunate because I sought for this Statement on 16th June, 2016. To date, there is no indication. In fact, the Vice Chair then told me that the statement will be ready within a week. These are very serious issues.

On a point of order, Mr. Speaker, Sir. Sometimes when committees have challenges in obtaining responses, the majority leadership has always been ready to support. This is a serious matter. Would I be in order to request that you direct the Senate Majority Leader, in this case, being a hard working former teacher at the University of Nairobi to ensure that this answer is delivered by Thursday?

Mr. Speaker, Sir, we have made strenuous attempts to get an answer from the Cabinet Secretary in charge of health but unfortunately, there has not been a response in the last two times. Now, we have made it a third time to see whether we can get an answer. We understand the urgency and the seriousness about the mothers and the children crises in the maternity and we are trying our best to get the answer. If we are not able to get it through this way, then we have no recourse other than to ask the Cabinet Secretary to come and deliver the answer himself.

When do you expect the response a third time? As I mentioned, Mr. Speaker, Sir, this effort has been going in the last two days and I hope that by Thursday we should be able to report to this House whether we have succeeded or not.

On a point of order, Mr. Speaker, Sir. Sometimes when committees have challenges in obtaining responses, the majority leadership has always been ready to support. This is a serious matter. Would I be in order to request that you direct the Senate Majority Leader, in this case, being a hard working former teacher at the University of Nairobi to ensure that this answer is delivered by Thursday?

On a point of order, Mr. Speaker, Sir. If you so direct that the Majority Leader assists the committee to get this answer, we would kindly accept the assistance to access the Cabinet Secretary so that he gives us an answer.

Order Sen. (Prof.) Lesan! My directives are not subject to your acceptance; they are orders. Sen. Sang has correctly observed that when the committees have difficulties, they always seek refuge and assistance from the Senate Majority Leader. You have not told us if you sought that assistance. So, we will provide that assistance.

The Senate Majority Leader, you are ordered to get this statement that is outstanding to the House tomorrow afternoon.

Mr. Speaker, Sir, I am a Member of the Committee on Health but for sometimes we have been having challenges because our Chair is---

Order, Sen. Nabwala! There is already a designated respondent. If you have any additional information you should have talked to the professor. We are not going to do committee business in the House.

What is it Sen. (Prof.) Lesan?

On a point of order, Mr. Speaker, Sir. If you so direct that the Majority Leader assists the committee to get this answer, we would kindly accept the assistance to access the Cabinet Secretary so that he gives us an answer.

Order Sen. (Prof.) Lesan! My directives are not subject to your acceptance; they are orders. Sen. Sang has correctly observed that when the committees have difficulties, they always seek refuge and assistance from the Senate Majority Leader. You have not told us if you sought that assistance. So, we will provide that assistance.

The Senate Majority Leader, you are ordered to get this statement that is outstanding to the House tomorrow afternoon.

I beg the Chair to give me one extra day so that I am certain to get it so that tomorrow, I can look for the Cabinet Secretary---

Order, Senators. The Senate Majority Leader, time on matters does not begin by the time you assist on the matter. Time started running by the time the Statement was being sought and so by the time it reaches you, it is actually time barred. I am giving you 24 hours so that you at least come tomorrow and tell the House what you have done, your difficulties, your expectations and then you can ask for more time. On what basis are you asking for additional time?

Mr. Speaker, Sir, I fully agree with you, but just for guidance on when time starts running, in the case of the Senate Majority Leader; I thought it should run from now. But time for the Committee has been running, just specifically with due respect.

In fact, that is the point that I was clarifying to you that time does not run with the Senate Majority Leader being seized of the matter. In fact, by the time the Majority Leader is seized of the matter, time has expired. So it comes to you as an SoS; an emergency. When you have an emergency, you do not ask for more time, you deal with the situation. That is the concept.

Mr. Speaker, Sir, I want to support him, on that decision. Sometimes, I get the impression that we are not sensitive enough to some of the issues being raised in this House. For example, the issue of free maternity care is an important matter. This issue has been on the Order Paper so many times and yet you get the feeling that even the relevant Committee is not taking the matter seriously. On the issue, for example, of the disappearance of children in one of our counties, in Nandi County---

Order! You need to be relevant to the statement. We have not yet reached there, so that is sufficient for the current one. But, indeed, I want to agree with Sen. Obure, and that is why the Senate Majority Leader might be thinking otherwise. There are some key core policy statements by the State at the highest level and you expect the Cabinet Secretary to be seized of that kind of matter.

It is not just a matter of the State, this is an international committee meaning that the State has committed itself. So, when a few years down the road you are still struggling, what statement are we making to the citizens of the Republic? That is why it must be taken seriously because it is a key policy statement by the State from the highest office of the land. So, it should have systems in place for the information to be available. That is what it is guiding my directive. So, bring the answer tomorrow afternoon.

Mr. Speaker, Sir, taarifa ambayo nililiuza ilikuwa wazi kabisa. Haikuwa na pingamizi. Niko tayari kupokea jibu kutoka kwa dada yangu na sio lazima kwamba tujadiliane kwanza kabla hajaisoma. Niko tayari kupokea jibu hilo ili nitafakari zaidi. Kwa hivyo, niko tayari alisome.

Wacha niwapatie mwongozo ama mwelekeo. Naibu Mwenyekiti pia hayuko tayari kusoma taarifa hiyo kwa sababu akijibu kama hajaelewa, mtamwambia tena hajajibu. Ningekuwa nimesema kwamba atasoma taarifa hiyo kesho lakini anasema hatakuweko. Kwa hivyo, tutarudia taarifa hiyo baada ya “ (f) .”

Sen. Madzayo.

Mr. Speaker, Sir, taarifa ambayo nililiuza ilikuwa wazi kabisa. Haikuwa na pingamizi. Niko tayari kupokea jibu kutoka kwa dada yangu na sio lazima kwamba tujadiliane kwanza kabla hajaisoma. Niko tayari kupokea jibu hilo ili nitafakari zaidi. Kwa hivyo, niko tayari alisome.

Wacha niwapatie mwongozo ama mwelekeo. Naibu Mwenyekiti pia hayuko tayari kusoma taarifa hiyo kwa sababu akijibu kama hajaelewa, mtamwambia tena hajajibu. Ningekuwa nimesema kwamba atasoma taarifa hiyo kesho lakini anasema hatakuweko. Kwa hivyo, tutarudia taarifa hiyo baada ya “ (f) .”

Mr. Speaker, Sir, the Statement (f) is also mine. So, I am kindly requesting Sen. Madzayo to give me until Thursday because I do not know whether the Statement is properly answered. If he is okay with that, I can go ahead and read the response but I have not satisfied myself that it is properly answered or not.

I think you have put your case. Sen. Madzayo, Thursday is just two days from now.

Bwana Spika, sawa. Thursday. Proceed to Statement (f) and assume you have a response.

Mr. Speaker, Sir, I do not have a response but I have a letter from the Ministry. I have tried pushing for this Statement to be given to me today but I have an official communication from the Ministry which I can read to the House. Unfortunately, I have gone personally to the Ministry to meet the Cabinet Secretary on this matter but according to this letter, it is addressed to the Clerk of the Senate.

“Request for response to statement regarding the increased disappearances and murder of children aged eight and 16 years in Chesuwe Village, Nandi Hills, Nandi County.

Reference is made to your letter Ref. No. Sen/NSF/R/OR/04320/16 dated 14th July 2016 on the above subject matter.

Mr. Speaker, Sir, listening to the delays that we have from the Ministry, especially on such matters, we need to come up with a time limit on the answers, reasonably even within four days. If a Ministry is well organized, it can have specific officials who are thoroughly following up and ready to act on the questions coming from Parliament. The data is already there; it is a question of just systematically putting them through. From the response, I fear that there is no definiteness about the two weeks. It looks like even after two weeks we might still not have an answer. Somebody

Mr. Speaker, Sir, this is where you find yourself in an awkward situation as a Senator when you seek Statements on the issues that are sensitive and urgent. In this particular matter, we are talking about disappearances of five children; two were found murdered and three are still missing. This is the third week and the Ministry insists that they need two more weeks when we are talking about the whereabouts of three missing children.

This is where the Ministry and its officers need to take the lives of Kenyans seriously. The casual manner with which this Ministry and the Cabinet Secretary is taking this matter as raised in this House is upon the Chair. The fate of the three children who are missing to date is on whether the government agencies at the ground have not shared any information as to their whereabouts or the information as to the progress.

In terms of investigation the Cabinet Secretary is telling us that they require two more weeks to prepare the response. I think this Ministry is not taking the lives of Kenyans seriously. The Cabinet Secretary is busy issuing warnings and orders of taking people to court instead of concentrating on giving us answers to serious issues like these. We do not have the luxury of two weeks. I request that you direct that the Senate Majority Leader has to step in because this is a serious matter.

Mr. Speaker, Sir, under the doctrine of social contract, the cardinal responsibility of the Government is to protect the lives and properties of its citizens. I can feel the pain the distinguished Senator for Nandi is feeling. Children disappeared from a village and two were found dead. The presumption is that the three may also be dead. We cannot be told that information is being sought when the Government has agencies and agents everywhere in the country; starting from the village elders, the assistant chiefs, chiefs and everybody else, not to mention the police.

This is a matter where this House -as the protector of counties, their Governments and consequently their people - must demand cogent and urgent answers on a matter where innocent children have disappeared and two found dead. This is a matter that I would have expected the Chair of the Committee not to procrastinate in the manner we are seeing, but to demand even the Cabinet Secretary who has been generous in dishing out warnings to Opposition leaders on how he will arrest, wash and teargas us, to tell us the fate of this children.

Mr. Speaker, Sir, listening to the delays that we have from the Ministry, especially on such matters, we need to come up with a time limit on the answers, reasonably even within four days. If a Ministry is well organized, it can have specific officials who are thoroughly following up and ready to act on the questions coming from Parliament. The data is already there; it is a question of just systematically putting them through. From the response, I fear that there is no definiteness about the two weeks. It looks like even after two weeks we might still not have an answer. Somebody

Mr. Speaker, Sir, this statement has been pending here for some time. You gave a directive as late as last week that it should be answered. These children are neither goats nor sheep; they are not cows that are stolen or a car that is lost in a normal robbery. These are lives of small innocent Kenyans aged 8 to 16. It begs the question: What is so particular about the 8 to 16-year-olds that are being kidnapped and killed in this village? To have a Cabinet Secretary who earns a salary and allowances every month, including 24-hour protection, asking for two more weeks starting today is untenable and uncalled for. The said Cabinet Secretary and the PS must resign. No single soul, whatsoever, should be taken for granted.

Mr. Speaker, Sir, this is a serious matter. One of the reasons I have risen to add my voice on this issue is that Chesumei, the village from where these children disappeared is next to my county. The following week after the children disappeared, similar cases have been reported in areas like Bureti and parts of my county. When I observe the casual nature in which this matter is being handled and the response that we are receiving - being told that we should give the Ministry two more weeks – we realize that there is a problem. We have a Cabinet Secretary who is in charge. What is his job if he cannot at the very primary level protect the lives of children who are totally defenseless?

For a long time, we have been saying that we need strategic minds to head our security functions. We need to move away from being told that since so-and-so is a retired General and so on, he is fit to head a Ministry. We are living in the digital age. If you scan a particular area at a particular time, you are able to tell the individuals that are active. I am not a trained security mind, but I know the basic things like where I would start my assessment from. We have a Cabinet Secretary whose only interest is to drive around Harambee Avenue with his chase cars pushing us off the way. I agree with Sen. (Prof.) Lonyangapuo that if the job is too heavy for him he should resign.

Mr. Speaker, Sir, this statement has been pending here for some time. You gave a directive as late as last week that it should be answered. These children are neither goats nor sheep; they are not cows that are stolen or a car that is lost in a normal robbery. These are lives of small innocent Kenyans aged 8 to 16. It begs the question: What is so particular about the 8 to 16-year-olds that are being kidnapped and killed in this village? To have a Cabinet Secretary who earns a salary and allowances every month, including 24-hour protection, asking for two more weeks starting today is untenable and uncalled for. The said Cabinet Secretary and the PS must resign. No single soul, whatsoever, should be taken for granted.

Mr. Speaker, Sir, this is a serious matter. One of the reasons I have risen to add my voice on this issue is that Chesumei, the village from where these children disappeared is next to my county. The following week after the children disappeared, similar cases have been reported in areas like Bureti and parts of my county. When I observe the casual nature in which this matter is being handled and the response that we are receiving - being told that we should give the Ministry two more weeks – we realize that there is a problem. We have a Cabinet Secretary who is in charge. What is his job if he cannot at the very primary level protect the lives of children who are totally defenseless?

For a long time, we have been saying that we need strategic minds to head our security functions. We need to move away from being told that since so-and-so is a retired General and so on, he is fit to head a Ministry. We are living in the digital age. If you scan a particular area at a particular time, you are able to tell the individuals that are active. I am not a trained security mind, but I know the basic things like where I would start my assessment from. We have a Cabinet Secretary whose only interest is to drive around Harambee Avenue with his chase cars pushing us off the way. I agree with Sen. (Prof.) Lonyangapuo that if the job is too heavy for him he should resign.

Mr. Speaker, Sir, I share the sentiments which have been expressed already. In fact, what I wanted to say has been captured. However, I feel that this raises a fundamental issue. The casual manner in which matters raised in this House are handled by the respective Ministries, shows that something ought to be done.

Imagining that you are the parent of a missing child, in this case five children and two of them are found murdered, yet there is someone employed by the Government right from Chesue in Nandi County to the Cabinet Secretary himself, it is very sad. This issue has been appearing in our Order Paper several times without any response. We should demand that the Cabinet Secretary responsible resigns and the disciplinary action is taken against officers down the line. This is to demonstrate that the government cares for the lives of its citizens.

The Senate Majority Leader, I know you did not ask, but I want to hear your views.

Mr. Speaker, Sir, I join my colleagues in condemning any lethargy or delay by any State officer, in this particular

Mr. Speaker, Sir, I also condemn the disappearance of the five children and the two who were found dead. The Cabinet Secretary and the PrincipalSecretary are sleeping on the job. They are very active when it comes to chasing people who are demonstrating about IEBC which is a serious matter affecting our people. However, when it comes to the disappearance of a person, it comes later, long after the person is found dead. I am afraid that the three children might also have been killed.The legislators want an explanation because we are the representatives of the people. Therefore, we must see how we can protect our children.

Mr. Speaker, Sir, I share the sentiments which have been expressed already. In fact, what I wanted to say has been captured. However, I feel that this raises a fundamental issue. The casual manner in which matters raised in this House are handled by the respective Ministries, shows that something ought to be done.

Imagining that you are the parent of a missing child, in this case five children and two of them are found murdered, yet there is someone employed by the Government right from Chesue in Nandi County to the Cabinet Secretary himself, it is very sad. This issue has been appearing in our Order Paper several times without any response. We should demand that the Cabinet Secretary responsible resigns and the disciplinary action is taken against officers down the line. This is to demonstrate that the government cares for the lives of its citizens.

The Senate Majority Leader, I know you did not ask, but I want to hear your views.

Mr. Speaker, Sir, I join my colleagues in condemning any lethargy or delay by any State officer, in this particular

of the people of Kenya.

My view is that this House through the Chair must send that message loud and clear and from where I sit, it is only fair to ask the Cabinet Secretary for Internal Security to urgently get seized of the matter and deal with it unequivocally, without any further delay.

I support what my colleagues have submitted. Order, Members! I cannot agree more with what the Members have expressed. I order that the Chair of the Committee writes to the Cabinet Secretary. We need that Statement on Thursday. Failure to do so, this House will take the necessary sanctions against the responsible Cabinet Secretary. That is true too for the Statement sought from the Cabinet Secretary of the Ministry of Health.

In the meantime, the Senate Majority Leader must also take his responsibility of dealing with such kind of Cabinet Secretaries who are embarrassing the Government. He should make necessary presentations to the relevant offices. Our children are now protected in our Constitution because they are vulnerable. We have been told that two have been confirmed dead. So, you can imagine the fear that the presumption on the remaining ones is the same. Time is of the essence. If there is one Ministry that has its tentacles all over the country, then it is this one in question. How can it fail to deliver on such basic information? The public officers must do their jobs and be accountable to the Kenyan people. The business of Parliament is to ensure that accountability is done.

Those are my directions. There will be subsequent ones if they persistently fail to deliver on their mandate.

Hon. Members, as we conclude the Statements for today and revisiting other issues, may I make a Communication.

Mr. Speaker, Sir, I requested for a statement from the Implementation Committee on 19th June on the resolutions of the Senate on the state of affairs in Kenya Airways Limited. Although that Statement is not due yet, it is a matter of national importance. In fact, it is only last week that the company posted very serious losses. I request for the Chairperson to be directed to issue the Statement on Thursday instead of Tuesday, next week.

The Statement is due on 2nd August 2016. However, I agree with you that given the issues around it, it should be delivered on Thursday, this week.

Mr. Speaker, Sir, I requested for a statement from the Implementation Committee on 19th June on the resolutions of the Senate on the state of affairs in Kenya Airways Limited. Although that Statement is not due yet, it is a matter of national importance. In fact, it is only last week that the company posted very serious losses. I request for the Chairperson to be directed to issue the Statement on Thursday instead of Tuesday, next week.

The Statement is due on 2nd August 2016. However, I agree with you that given the issues around it, it should be delivered on Thursday, this week.

On a point of order, Mr. Speaker, Sir. Last month, I sought three Statements, but none of them has been responded to even after you directed

Mr. Speaker, Sir, I would like to comment on the statement that was raised by Sen. Wangari. I am the Vice-Chairperson of the Committee. Therefore, I will make sure that is done.

Sen. Kanainza, do you mean that you will respond to that statement on Thursday?

Mr. Speaker, Sir, the Committee on Roads and Transport in which I sit, has previously summoned the Cabinet Secretary to respond to that specific issue. I do not know whether it will be proper for the Committee to bring the response because the Cabinet Secretary appeared before us and came with a written statement. I do not know whether it would be proper for us to hand that statement to the Committee on Implementation or bring it to the House to avoid a situation where we call the Cabinet Secretary to respond to the same matter on two occasions.

We always encourage Committees to work together. Therefore, I cannot be of help. The Statement is with the Implementation Committee because the House resolved on that particular matter. However, you can work together as Committees so that the implementation Committee can give the information.

Let us proceed to the other orders. Looking at the Order Paper, there are a lot of Divisions. However, we do not have the requisite numbers. Therefore, we will skip Order Nos.8, 9, 10, 11, 12 and 13.

Mr. Speaker, Sir, I will take up the matter with my Committee so that we give response before we break for recess.

Order, Sen. Kanainza! I would like to know whether it is your Chairperson we will receive the response from. However, since you have undertaken that task, you will be the one to responsible for that statement.

Mr. Speaker, Sir, the Committee on Roads and Transport in which I sit, has previously summoned the Cabinet Secretary to respond to that specific issue. I do not know whether it will be proper for the Committee to bring the response because the Cabinet Secretary appeared before us and came with a written statement. I do not know whether it would be proper for us to hand that statement to the Committee on Implementation or bring it to the House to avoid a situation where we call the Cabinet Secretary to respond to the same matter on two occasions.

We always encourage Committees to work together. Therefore, I cannot be of help. The Statement is with the Implementation Committee because the House resolved on that particular matter. However, you can work together as Committees so that the implementation Committee can give the information.

Let us proceed to the other orders. Looking at the Order Paper, there are a lot of Divisions. However, we do not have the requisite numbers. Therefore, we will skip Order Nos.8, 9, 10, 11, 12 and 13.

Next order! Second Reading

substantiate?

Order, Sen. (Dr.) Zani! We only transfer a balance of time. We do not transfer statements.

Mr. Speaker, Sir, I said no to such thing. I said that we should not abuse nomination by ignoring a woman in El Molo or another in the fringes of Turkana County in favour of women who are able to hobnob in hotels with the---

to be a leader? It does not.

That is why we need to take more steps than just amending the Constitution and saying there will be one-third women. We must completely level the playing field to make sure women candidates have an equal opportunity to compete with men. When they are given that equal opportunity, their capacity is even better and higher. We are parents and we have daughters. I would like to see my daughters competing with other Kenyans for positions of public leadership and any other woman anywhere.

When we were in Naivasha crafting the Constitution, we left Naivasha with general consensus that the electoral seats called Women Representatives that go to the National Assembly, 47 of them, were to be given to them for 20 years. In other words, they were to go through that process of electing County Women Representatives to the National Assembly for four elections. Thereafter, that clause was to collapse into a sunset with the hope that then, we shall have built sufficient capacity for our sisters and daughter to face candidates even those who come from areas who go campaigning totting AK 47 rifles.

I went to Turkana County and was very impressed by the courage of women. A woman is looking after cattle, she has a child on her back and an AK 47 rifle hanging on her shoulder ready for combat and to repulse any danger from anybody. including a man. I asked these ladies whether they knew how to handle those weapons. One of them said “try me”. These are women in the rural areas who are totally resilient and capable of protecting their loved ones. I want the Senate Majority Leader here to imagine that, that a woman is protecting livestock, family wealth, a child on her back, her life from any danger that may come around. Those are our women. A man will be carrying an AK 47 rifle and nothing else. You will never find a man with a child on his back.

As I support this, affirmative action should not be given in perpetuity to any individual. There is a case in the National Assembly where a lady has been nominated four times. That becomes an abuse. It is not just one woman that we are considering in the country. I would like to see - unfortunately I am exiting to a higher seat - those who will be sitting in this Chamber to sit with a lady from El molo; a lady nominated from communities that have been forgotten by leadership in this country. If you look at the manner in which we nominate, it leaves a lot to be desired.

I have been giving an example of a lady in Garissa County called Mama Salado. She was on the streets of Nairobi fighting for multipartyism with the late Jaramogi Oginga Odinga, the late Masinde Muliro, Bamaris, hon. Kenneth Matiba, hon. Charles Rubia and the late Martin Shikuku. She remained consistent in her fight. However, because of where she comes from where clan politics is at play, the clan never considered her as a leader to front her for election. She is a member of my party. Successive party leaders of my party just ignored her, but she remained resilient and committed. If you go to Garissa, you will find her with flowers to welcome you. She is using her little position. I was so happy that I put her on the nomination list. She is now a nominated Member of County of Assembly (MCA) at the age of 73. In the County Assembly of Garissa, she was given the honour to be the majority Whip by the CORD coalition. I feel very happy about this mama.

On a point of order, Madam Temporary Speaker. Let me start by commending Kenyans who reacted very quickly. Therefore, is Sen. Wetangula in order to dilute the whole statement that Kenyans have made clearly? People are listening to him. He is our leader. What he says is critical, but could he correct that assertion about Kofi Olomide because battering is battering. There is nothing like extending a leg or anything to anybody. There is nothing that will be extended with force and we call it extension. If you hit somebody, you have hit him or her. People are hit in private. This one had the audacity to do it in public. It will not happen again. We do not want that sort of thing.

Proceed, Sen. Nabwala. Are you on a point of order? Have you retracted?

Proceed, Sen. Hassan.

On a point of order, Madam Temporary Speaker. Is the Senate Majority Leader in order to say that the musician only extended a leg to a dancer when

Proceed, Sen. Nabwala. Are you on a point of order? Have you retracted?

Proceed, Sen. Hassan.

On a point of order, Madam Temporary Speaker. Is the Senate Majority Leader in order to say that the musician only extended a leg to a dancer when

Yes, Madam Temporary Speaker, Sir.

Madam Temporary Speaker, this is just for information. We, as leaders, do not want to trivialize this matter. The reason the Government of Kenya deported the accused person is because the complainant refused to give evidence and retracted while what happened was in the glare of the whole world. That is the only reason we found that it would be untenable to host Mr. Olomide in this country after what he did. The complainant who was the sole witness on the scene retracted. I think she was confused. She started saying how Mr. Kofi Olomide loves her and did not intend to kick her. At no time did she talk about the leg being extended to her.

The Senate Minority Leader, please, clear the air.

Madam Temporary Speaker, if my colleagues did not jump on points of order, I would have finished my point. I was talking of the manner in which the Cabinet Secretary for Interior and Coordination of National Government has been acting in serious contradictions of our expectations. When I talked about Mr. Kofi Olomide, in fact, Sen. Hassan literally took words out of my mouth. The distinguished Senator for Tharaka-Nithi is a professor of law. He knows that in all cases of grievous assault like what we saw, the complainant is not an individual. It is the State. If you commit a homicide, the complainant is the State, the Republic of Kenya. It is the Republic versus the murderer, the Republic versus the assailant, the Republic versus the robber or the Republic versus the thief. It is never distinguished Sen. Ongoro versus me as an assailant, for instance. It is the case of the Republic versus so and so, because the complainant is the Republic that is the custodian of everybody’s peace and security.

With the footage that we saw, if it was true, it was sufficient to take this Congolese man to court and charge him with assault, behaving in a manner likely to cause a breach of peace and all manner of coinages of crime that the State is so good at doing in collaboration with the policemen. In fact, in the footage, there was a Kenyan woman who said, “Sasa wanapigana wenyewe kwa wenyewe? The complainant did not have to say she was beaten. She was seen being beaten. There were witnesses.

Yes, Madam Temporary Speaker, Sir.

Madam Temporary Speaker, this is just for information. We, as leaders, do not want to trivialize this matter. The reason the Government of Kenya deported the accused person is because the complainant refused to give evidence and retracted while what happened was in the glare of the whole world. That is the only reason we found that it would be untenable to host Mr. Olomide in this country after what he did. The complainant who was the sole witness on the scene retracted. I think she was confused. She started saying how Mr. Kofi Olomide loves her and did not intend to kick her. At no time did she talk about the leg being extended to her.

The Senate Minority Leader, please, clear the air.

Madam Temporary Speaker, if my colleagues did not jump on points of order, I would have finished my point. I was talking of the manner in which the Cabinet Secretary for Interior and Coordination of National Government has been acting in serious contradictions of our expectations. When I talked about Mr. Kofi Olomide, in fact, Sen. Hassan literally took words out of my mouth. The distinguished Senator for Tharaka-Nithi is a professor of law. He knows that in all cases of grievous assault like what we saw, the complainant is not an individual. It is the State. If you commit a homicide, the complainant is the State, the Republic of Kenya. It is the Republic versus the murderer, the Republic versus the assailant, the Republic versus the robber or the Republic versus the thief. It is never distinguished Sen. Ongoro versus me as an assailant, for instance. It is the case of the Republic versus so and so, because the complainant is the Republic that is the custodian of everybody’s peace and security.

With the footage that we saw, if it was true, it was sufficient to take this Congolese man to court and charge him with assault, behaving in a manner likely to cause a breach of peace and all manner of coinages of crime that the State is so good at doing in collaboration with the policemen. In fact, in the footage, there was a Kenyan woman who said, “Sasa wanapigana wenyewe kwa wenyewe? The complainant did not have to say she was beaten. She was seen being beaten. There were witnesses.

the part of the Government of the Republic of Kenya to deport a criminal instead of prosecuting him when we have enough laws to do so. Cancelling his visa is not enough. There is a Kenyan in Tanzania, a Mr. Osoro whom we have been crying for, that has been languishing in jail for the last six years. How many of our children and girls lured by Nigerians are languishing in jails in China, Thailand, Malaysia and Indonesia? They do not deport them to Kenya. They try and jail them there, which we should have done for Kofi Olomide.

For my sisters who were worried that I was trivializing the issue, I would be the last to do so. I condemned it on social media, in public addresses and interviews, that what this man did was very uncivil, cruel and unacceptable.

Madam Temporary Speaker, I want to believe that this is not just Sen. Sijeny’s Bill, but it comes from various groups. As Sen. (Dr.) Khalwale said, this Bill should not be used to entrench our positions. However, it should be used for the good of the women of Kenya.

Clause 4(b) says:- Inserting the following new Clauses immediately after Clause (1)- (1A) a person elected under Clause (1) for a seat in Parliament or a county assembly shall be eligible for re-election under Clause (1) for two further terms only.

Madam Temporary Speaker, I cannot accept this. It means that you are nominated like our distinguished ladies are. I salute the only nominated lady from my party, Sen. Nabwala, who is aggressively fighting for an electoral seat in her county, because she knows that she has to give way for somebody else to be nominated. Having been given capacity for five years, she feels she has enough capacity and I have seen how ferociously she can campaign to face men, fight with them and be elected. This is what I expect of all our ladies, including you, to do. I salute you.

I have seen you ferociously campaigning in Nairobi. This is because you appreciate that you were not nominated to build your capacity since you had served a full term as an elected Member and now you are going back to look for an electoral seat. I urge my brother, the Senate Majority Leader to support affirmative action. However, we must have affirmative action as a revolving door, where you enter and leave after your term. Somebody else enters and leaves at the end of their term. We must give opportunities to as many of our womenfolk as we possibly we can.

Madam Temporary Speaker, I cannot accept it if we say that when you are nominated to this House you are entitled to two other nominations. I will convince this House that we must open doors far and wide for as many Kenyan women as possible.

Clause 4(b) 1(b) says:- “Despite Clause (1A), a person elected under Clause (1) for a seat in Parliament or a county assembly in the first general election held under this constitution shall be eligible for election under Clause (1) for two further terms”.

I have not looked at the Constitution properly. Sen. (Prof.) Kindiki you could help us on this. In the old Constitution, a constitutional Bill was passed or rejected as it was, without amendments. I do not know if the new Constitution and our Standing Orders say something about this.

a position held across the Floor, instead of waiting for the Bill to meet the fate and then wait for six months to bring it back, withdraw it and recast it. We support affirmative action, but we do not want some of our ladies entrenching themselves once they come into the House and continue to be elected and nominated, while others wait out there.

She can recast it, bring it and we will pass it with ease. If it is amendable, I would encourage her to give a commitment to the House that she will amend the Bill so that she either leaves it fluid by not having such clauses or casts it to a situation where it makes it clear that this is a revolving door, where if Sen. Bule nominates his daughter - I hope he does not - he cannot just create a dynasty, where his daughter is always being nominated. What about other daughters? Every woman is somebody’s daughter and must be given equal opportunity to benefit from the new Constitution, the new legal structure and the new regime that we have in our electoral system. I encourage that this be done for purposes of creating opportunities for all.

Madam Temporary Speaker, Clause 5, Article 97 says:- “Article 97 of the Constitution is amended-

On a point of order, Madam Temporary Speaker. Is the Senate Minority Leader in order to belittle the process he himself championed very hard before 2010 when he was among the front runners in the “Yes” camp, campaigning to pass the Constitution that created small regions called counties? If he was of the

Professor, I will give you the last point of order, so that we allow the Senate Minority Leader to conclude.

He has very many minutes and I have to assist him use some of them.

Madam Temporary Speaker, is the Senate Minority Leader in order to say this Government is corrupt? I know his daughter and other people’s children are employed by this Government. Is he in order to say all civil servants working in this Government are corrupt? He should withdraw that statement and apologise.

Hon. Senator, I find nothing out of order. If you have contrary statements, please, present them. He has made his points and you will get your time to present a contrary position. Therefore, he is not out of order.

Madam Temporary Speaker, I do not even need to respond, but the distinguished Senator knows that if he goes to his county and says this Government is not corrupt, he will be shown the door. I have talked to him and he knows what we have talked.

Do not disclose what you have talked with him, but stick to your contribution on the Bill.

Madam Temporary Speaker, I want to rush so that I give room to my colleagues. I was dealing with Clause 5 where the

Hon. Senator, I find nothing out of order. If you have contrary statements, please, present them. He has made his points and you will get your time to present a contrary position. Therefore, he is not out of order.

Madam Temporary Speaker, I do not even need to respond, but the distinguished Senator knows that if he goes to his county and says this Government is not corrupt, he will be shown the door. I have talked to him and he knows what we have talked.

why I was saying that we need to look at the entire structure of electoral positions in the country so that if we put more thinking in this process, it will be very possible to have the one-third gender rule achieved without having such a bloated Parliament. When you go to some county assemblies, you will find that all elected MCAs are male. If, for example, they have 50 wards they are obliged to nominate about 16 women which is one-third of 50 yet with some ingenuity, we can create structures where women can be elected to meet the one-third gender rule. Some countries have done it and it is not rocket science.

Madam Temporary Speaker, I do not mean to demean the National Assembly, but if we have a House of 290 plus 47 plus 16 plus 5. Therefore, it will take you a month before you even have an opportunity to raise a point of order. Probably, it will take you half a year to have a meaningful debate because everybody is competing to speak. In fact, it will be serious sense of guilt on anybody who will stand there and speak for more than 10 or 15 minutes because you have to give room to others yet we can do much better. We are a country with a population of 40 million. If India with 1.3 billion people has a Parliament of 500 MPs, what justification do we have for having close to 400 MPs for a population of 42 million people?

Madam Temporary Speaker, this Bill speaks to reviewing. It states that Parliament shall review Clause 1(c)(a) on the expiry of 20 years from the date on which the Members under Clause 1(c)(a) are first elected to the National Assembly with a view to determining whether the principle under Article 81(b) can be achieved without the special seats provided. We need to be more ingenious than this because the moment we have nomination as a cure to an electoral deficiency, very few people will make a serious effort to fight.

I wish Sen. Sijeny plucked the Clause that we had put in the Naivasha Draft Bill that just gave a determinate sunset clause of 20 years other than a review because when the 20 years are over, knowing how Kenyans behave, it will open a hole of very angry arguments as to what we want to do with it. I would prefer that we just have a sunset clause and after 20 years, we must take care differently of these special seats. Of course, there is a basic constitutional provision that one-third of every House must be of either gender and that will never go away. What will go away is the methodology that we have. Once that methodology exits, then we must be ingenious enough to think of another way of achieving this.

How do we have women elected without stress? How do we have women coming to the House without duplicating the numbers of men who are here? I am sure we can find a way of getting special constituencies that can accommodate this process and have enough women coming to this Chamber. In fact, I have seen that even in this House where men are the majority, the Senators who sit here and debate up to evening are women. The men are out there looking for all manner of things---

Hon. Senator, you have had enough points of order. I would give this chance to Sen. Bule; proceed you have the Floor.

Hon. Senator, what is out of order? You are on a point of order so direct us to what is out of order.

Madam Temporary Speaker, my point of order is that we do not have to create a new constituency for women while we have 47 women who are elected.

Hon. Senator, you are out of order because what you are giving is a contribution on this. You are not pointing out what was out of order.

Hon. Senator, proceed. Thank you, Madam Temporary Speaker. I thought the distinguished Senator was offended by my assertion that women sit in this House longer than the men. He then pursued a completely different trajectory that was irrelevant to what I was saying, but we forgive him.

Madam Temporary Speaker, I want to conclude by encouraging Sen. Sijeny, the Senator sponsoring this Bill, that we do not want to throw out the baby with the bath water. This House is unlikely to find favour with the Clause allowing nominations in perpetuity. This House is unlikely to find favour with Clause 4 (1) (a) and (b) . She should find a way of giving us a firm commitment that she will change the Bill then we will vote overwhelmingly for it. If that remains the same, she has my qualified support.

I noticed that many Senators had similar thinking; that we want the revolving door to give room for as many women as possible. Sen. Wangari is here; she will run and next time her daughter should follow or somebody else other than entrenching Sen. Wangari here for over 15 years as if there are no other people out there.

Madam Temporary Speaker, I beg to support to the extent that I have said and I hope that at the Committee stage, we will see something restructured, recast and meeting our expectations as we support firmly the one-third gender rule and affirmative action for our women.

Madam Temporary Speaker, when Kenyans spoke as we promulgated the Constitution in 2010, it was very clear that not more than two-thirds of the same gender should hold a particular position. Sometimes we refer to it as the two- thirds rule and sometimes as one-third gender rule because gender is a social construct. It is not men or women, it is not sex. Gender is a social construct, but because that social construct in a patriarchal society like Kenya has tended towards discrimination for women, when we talk about the one third, we are talking about the affirmation for this one third to be able to come up.

Kenyans made that decision. When we started this debate, Sen. (Dr.) Khalwale raised a point of order to question the whole idea of the Bill being properly before the House. In my understanding, that provision and principle is already in place. What is not in place and what we are trying to do now is to come up with a legislative framework for us to achieve that. It is interesting because without that sort anchoring, it becomes difficult for women to move to leadership positions.

Hon. Senator, you are out of order because what you are giving is a contribution on this. You are not pointing out what was out of order.

Hon. Senator, proceed. Thank you, Madam Temporary Speaker. I thought the distinguished Senator was offended by my assertion that women sit in this House longer than the men. He then pursued a completely different trajectory that was irrelevant to what I was saying, but we forgive him.

Madam Temporary Speaker, I want to conclude by encouraging Sen. Sijeny, the Senator sponsoring this Bill, that we do not want to throw out the baby with the bath water. This House is unlikely to find favour with the Clause allowing nominations in perpetuity. This House is unlikely to find favour with Clause 4 (1) (a) and (b) . She should find a way of giving us a firm commitment that she will change the Bill then we will vote overwhelmingly for it. If that remains the same, she has my qualified support.

I noticed that many Senators had similar thinking; that we want the revolving door to give room for as many women as possible. Sen. Wangari is here; she will run and next time her daughter should follow or somebody else other than entrenching Sen. Wangari here for over 15 years as if there are no other people out there.

Madam Temporary Speaker, I beg to support to the extent that I have said and I hope that at the Committee stage, we will see something restructured, recast and meeting our expectations as we support firmly the one-third gender rule and affirmative action for our women.

Madam Temporary Speaker, when Kenyans spoke as we promulgated the Constitution in 2010, it was very clear that not more than two-thirds of the same gender should hold a particular position. Sometimes we refer to it as the two- thirds rule and sometimes as one-third gender rule because gender is a social construct. It is not men or women, it is not sex. Gender is a social construct, but because that social construct in a patriarchal society like Kenya has tended towards discrimination for women, when we talk about the one third, we are talking about the affirmation for this one third to be able to come up.

Kenyans made that decision. When we started this debate, Sen. (Dr.) Khalwale raised a point of order to question the whole idea of the Bill being properly before the House. In my understanding, that provision and principle is already in place. What is not in place and what we are trying to do now is to come up with a legislative framework for us to achieve that. It is interesting because without that sort anchoring, it becomes difficult for women to move to leadership positions.

daughters and that they have mothers who are women. If that was the truth of the matter, we would not be in the situation we are in. We would not be in a situation where when that Bill went to the National Assembly twice; it was rejected with the second rejection being worse than the first rejection. Those are the same men who had spoken in that same language. That is why we find ourselves in a situation where we want to anchor this in a better way. I am happy it has come in the “upper” House because I find here Senators men and women of repute who will look at this Bill with a very conscience lens and try to achieve what it is that Kenyans have asked for.

Madam Temporary Speaker, it is not difficult to do this. If you look at countries like Rwanda, they have attained 64 per cent gender representation with 64 per cent being women. For example, Finland, we have 80 women in a parliament of about 200 members. The interesting thing about Finland is that most of these have been elected. We obviously pick that discourse or argument from that setup into this setup and say; why can they not be elected? We would love to be elected, but we must look at our historical, social and cultural limitations that have been the key to putting us in the situation we are in. So, when we are talking about affirmative action, we are not talking about it because we love it or we want it to last forever, but we are talking about it because it is the one that will catapult us to a point where one would became a reference point where the girls who are interested in joining politics can watch and get interested and come on board.

Madam Temporary Speaker, Sen. Wetangula, as he made his contributions, talked about the difficulties that women face. This is how we are. We know of many parliamentary seats that could easily have been won by women and they may have won those seats, but they were not able to be declared the winners. We know of women who have died and somehow the level of violence that is meted on women is most cruel and violent, including getting into the point of hurting children in the name of power. So, when you find women in a situation that they are in, where they are a little bit cautious, there is reason for it. Therefore, every time we have this argument, we must be able to contextualize it in that particular realm so that we understand what it is we are talking about and we do not become skeptical and say women can go. Women can go to fight for these positions, but we need to look at their talents clearly.

Madam Temporary Speaker, this amendment Bill is very important because it aims at entrenching that. If we look at the numbers in the National Assembly and the numbers in the Senate, the argument that Sen. Wetangula has put is true. If we have more women elected into these seats, we would have less need to have the women nominated into these seats. Right now, in the National Assembly, 16 women in the constituency were able to get those seats and we hope we will get many more in the future. We have the 47 women county Members of Parliament and we have the five nominated women giving a total of 68 women in the National Assembly. In the Senate, we have a membership of 67: we have 49 men and 18 women, respectively.

The shortfall in the Senate is much lower than in the National Assembly. The shortfall in the Senate is about five women. If we have, for example, two nominated Senators – and Sen. Ongoro, you are going for the Senator’s seat and I know a few others who want to be elected to be members of the National Assembly. We pray and hope for

not have somebody saying like one of the Senators commented that you are escorting delegations and that we cannot vote for our delegations.

This is because we vote as a delegation but in consultation with the head of delegation. It would be a fresh breathe of air to have those positions filled by women. It is possible and can happen. The numbers will vary. In the National Assembly, to attain almost 150 Members, we need about 70 more added, if things remain the way they are but going into the election we expect that change.

The foundation of this Bill is that it tries to address the issue of having a constitutional assembly, both at the National Assembly and the Senate, by having not more than two-thirds of the same gender within those particular bodies. Article 177 of the Constitution saved a situation for the county assemblies. It gave an important provision that at the end of the day, the number of special seats necessary to ensure that not more than two-thirds of the membership of the assembly is of the same gender was entrenched within the Constitution. Immediately after the elections, it was possible for county assemblies to seat, look at the numbers and calculate how many more are needed and embrace them. This did not happen for the National Assembly and the Senate. Article 97 of the Constitution deals with the composition of the National Assembly and Article 98 deals with the composition of the Senate. This Bill, therefore, tries to entrench the same principle within the National Assembly and the Senate.

Clause 3 (2) is an additional clause. We realised that if we leave this within the Constitution as it is, it will be a problem for it to be enacted. Therefore, we are making a provision in this Bill to take legislative policy and other measures, including setting standards to achieve the realization of this particular clause. Without a clear affirmative action to address that specific clause, it becomes difficult for us to do that.

Madam Temporary Speaker, allow me to go to the contentious clause. A lot of contributions that we are getting across this clause are to do with the misreading of the clause. Clause 1 tries to solve a problem of having nominations of one particular Member exceeding two specific terms. It is already addressing the problem of having a Member being nominated for the third and fourth time. When we talk of women Senators and leaders wanting to be nominated 15 times, it is a misrepresentation of the clause. This clause tries to cure a good. It states that a person should only be nominated for two terms. The eligibility refers to qualification; it does not state that a person must be there. We know that in any nomination procedure, some might be nominated once or twice. It is a political party decision to be made. Therefore, we are misinterpreting this clause given what I have heard from the debate since Thursday. I stood on a point of information and informed Sen. (Dr.) Khalwale. He told me that if I were his lecturer, I would have misled him. There is no misleading because this clause is very clear. We are talking about eligibility which does not infer “a must.”

I will go along the lines of Sen. Wetangula, that if this clause is creating confusion, we can discuss about how best we can address it. I do not think that the spirit of this particular Bill was for the women leaders, especially those in this House or the National Assembly, to entrench themselves. That is not the interpretation that we had expected to come on board.

Sen. (Dr.) Zani, do you wish to be informed by Sen. (Prof.) Lonyangapuo?

Madam Temporary Speaker, I would like to be informed.

Madam Temporary Speaker, I want to inform Sen. (Dr.) Zani that as far AS we know, the strongest candidates in a nomination are delivered by their own individual parties. Likewise, the respective Senators are elected in their counties. For that reason, our nominated colleagues are here strongly to safeguard the interests of the institutions that we stand for. Therefore, any other person that may purport to imagine that people come here through a different process is really misled.

Thank you, Senator. Conclude, Professor.

Madam Temporary Speaker, ‘professor’ sounds good as well. I hope it will come true in the next few years.

This is exactly the tone that we need to set. We have professions and other things that we need to move on to do in different spheres of life. It is important for that tag; some people are bothered by it and some are not. It reflects negatively when a society

Thank you, Senator. Conclude, Professor.

Madam Temporary Speaker, ‘professor’ sounds good as well. I hope it will come true in the next few years.

This is exactly the tone that we need to set. We have professions and other things that we need to move on to do in different spheres of life. It is important for that tag; some people are bothered by it and some are not. It reflects negatively when a society

Madam Temporary Speaker, thank you for giving me the two minutes to conclude.

It is important to support all the women of Kenya because they are the future women leaders.

I support.

Madam Temporary Speaker, may I commend the Mover of this Bill on the amendment of the two-thirds gender principle. She is putting a lot of effort to move this Bill.

I support this Bill because it is about the Constitution which was voted overwhelmingly by the people of Kenya. When Kenyans voted for Articles 97 and 98on the composition of the Senate and the National Assembly, they knew they were voting about the numbers which would affect the wage bill.

Madam Temporary Speaker, in my view, we have seen many women making effort and in 2017, there will be many women vying. We may be talking about a lesser number of women being nominated because I am hoping there will be more women who will come through the elective position.

This Bill proposes that political parties should embrace women and work closely with them. It is through the political parties that we will enable women to get to elective positions. Therefore, we need our party leaders to be positive because they are the ones who will give the nominations. If they do not, then I do not see us going far in actualizing the affirmative action of the Bill.

Madam Temporary Speaker, I am a Member of the International Parliamentary Union in Geneva where we meet twice a year. We have 168 countries who have subscribed to the Union. One of the sustainable development goals number five is about gender parity. We normally give progress of what each member state is doing to actualise the position. Rwanda is the leading country because it has more women in elective and

Madam Temporary Speaker, thank you for giving me the two minutes to conclude.

It is important to support all the women of Kenya because they are the future women leaders.

I support.

Madam Temporary Speaker, may I commend the Mover of this Bill on the amendment of the two-thirds gender principle. She is putting a lot of effort to move this Bill.

I support this Bill because it is about the Constitution which was voted overwhelmingly by the people of Kenya. When Kenyans voted for Articles 97 and 98on the composition of the Senate and the National Assembly, they knew they were voting about the numbers which would affect the wage bill.

Madam Temporary Speaker, in my view, we have seen many women making effort and in 2017, there will be many women vying. We may be talking about a lesser number of women being nominated because I am hoping there will be more women who will come through the elective position.

This Bill proposes that political parties should embrace women and work closely with them. It is through the political parties that we will enable women to get to elective positions. Therefore, we need our party leaders to be positive because they are the ones who will give the nominations. If they do not, then I do not see us going far in actualizing the affirmative action of the Bill.

Madam Temporary Speaker, I am a Member of the International Parliamentary Union in Geneva where we meet twice a year. We have 168 countries who have subscribed to the Union. One of the sustainable development goals number five is about gender parity. We normally give progress of what each member state is doing to actualise the position. Rwanda is the leading country because it has more women in elective and

Madam Temporary Speaker, the clause about having a chance for a second nomination is to curb the nomination being given four or five times. If for the second time, I stood for an elective post and garnered 30 000 votes, I have added the votes to my presidential candidate. Therefore, he or she should recognise the effort that I have made. We also spend money when campaigning because it is not a free undertaking. We know that campaigns in Kenya are expensive. So, on that basis, women should be given a second opportunity for our nomination if we can prove that we did a good job. However, if we do not, then we miss the nomination and another is granted the opportunity where she will continue building capacity.

Madam Temporary Speaker, the gender parity is not about women. It is a signal that I am giving to the men. In the next 10 years, men will be crying to us wanting to have the affirmative action. That time, we shall be smart enough and we will know how to deal with them.

Thank you.

Sen. Nabwala, kindly stick to the point.

Madam Temporary Speaker, the clause about having a chance for a second nomination is to curb the nomination being given four or five times. If for the second time, I stood for an elective post and garnered 30 000 votes, I have added the votes to my presidential candidate. Therefore, he or she should recognise the effort that I have made. We also spend money when campaigning because it is not a free undertaking. We know that campaigns in Kenya are expensive. So, on that basis, women should be given a second opportunity for our nomination if we can prove that we did a good job. However, if we do not, then we miss the nomination and another is granted the opportunity where she will continue building capacity.

Madam Temporary Speaker, the gender parity is not about women. It is a signal that I am giving to the men. In the next 10 years, men will be crying to us wanting to have the affirmative action. That time, we shall be smart enough and we will know how to deal with them.

Thank you.

Thank you, Senator. I do not see any further requests to contribute on this. So, before I give the Chair of the Kenya Women Senators Association (KEWOSA) who is the sponsor of the Bill to respond, may I give two minutes to Sen. Bule to seek a Statement.

Thank you Madam Temporary Speaker. I pray to seek a Statement.

Sen. Sijeny, kindly undertake to relay information to the Chairperson of the Committee on the on National Security and Foreign Relations.

You further undertake to relay the information after how many weeks?

Madam Temporary Speaker, the practice is two weeks. I request for two weeks to respond.

We will be on recess by that time, but I hope that we will get the response the first week after we resume.

Madam Temporary Speaker, the practice is two weeks. I request for two weeks to respond.

We will be on recess by that time, but I hope that we will get the response the first week after we resume.

Madam Temporary Speaker, I thank you for this opportunity. I wish to thank all the Senators who have contributed to this Bill. I do not take it for granted. I know that they have taken their time. Some researched well, listened and came up with very good ideas.

First and foremost, I wish to respond and say that before this Bill was tabled, or sponsored at the Senate, there was very wide consultation. We consulted widely and I wish to record that it is the Attorney-General who was the convener of the meeting where all stakeholders who deal with women issues came, discussed and researched widely. We know the tremendous efforts by the National Gender and Equality Commission (NGEC) , especially the Chairperson, Madam Winfred Lichuma, who has given all her time and put her best foot forward to ensure that this Bill comes to reality.

Madam Temporary Speaker, I wish to inform my colleagues that many formulas were discussed and debated. This was the best option out of all the ones that were suggested by the various Non-Governmental Organizations (NGOs) , the Law Society of Kenya (LSK) and many others. It was exposed to a lot of public participation. Therefore, what is in the Bill is well thought out. This affirmative action is not only a Kenyan initiative. It is a global initiative because many countries internationally and within the region have embraced this affirmative action. Zimbabwe, for instance, started implementing affirmative action in the year 2013 after their elections and they have complied. What we are bringing here is something similar.

I was sent to Rwanda on Thursday to represent the Senate in the Commonwealth Parliamentary Association Conference which dealt with Commonwealth women parliamentary issues. What came out is that what we have put in this Bill is what all the Commonwealth countries are urging their member states to ensure that they have constitutional, legislative and political ways of ensuring and encouraging women participation.

Madam Temporary Speaker, by coming up with this Bill, it should not be seen that it is us who have been nominated that are looking for a second chance of nomination. It is our role as the women of Kenya and the world to ensure that we improve and increase women participation. That is why we are enshrined in the Constitution.

Sen. Sijeny, kindly factor in that when you relay the information.

You can now proceed to give your response to the Bill.

Madam Temporary Speaker, I thank you for this opportunity. I wish to thank all the Senators who have contributed to this Bill. I do not take it for granted. I know that they have taken their time. Some researched well, listened and came up with very good ideas.

First and foremost, I wish to respond and say that before this Bill was tabled, or sponsored at the Senate, there was very wide consultation. We consulted widely and I wish to record that it is the Attorney-General who was the convener of the meeting where all stakeholders who deal with women issues came, discussed and researched widely. We know the tremendous efforts by the National Gender and Equality Commission (NGEC) , especially the Chairperson, Madam Winfred Lichuma, who has given all her time and put her best foot forward to ensure that this Bill comes to reality.

Madam Temporary Speaker, I wish to inform my colleagues that many formulas were discussed and debated. This was the best option out of all the ones that were suggested by the various Non-Governmental Organizations (NGOs) , the Law Society of Kenya (LSK) and many others. It was exposed to a lot of public participation. Therefore, what is in the Bill is well thought out. This affirmative action is not only a Kenyan initiative. It is a global initiative because many countries internationally and within the region have embraced this affirmative action. Zimbabwe, for instance, started implementing affirmative action in the year 2013 after their elections and they have complied. What we are bringing here is something similar.

I was sent to Rwanda on Thursday to represent the Senate in the Commonwealth Parliamentary Association Conference which dealt with Commonwealth women parliamentary issues. What came out is that what we have put in this Bill is what all the Commonwealth countries are urging their member states to ensure that they have constitutional, legislative and political ways of ensuring and encouraging women participation.

Madam Temporary Speaker, by coming up with this Bill, it should not be seen that it is us who have been nominated that are looking for a second chance of nomination. It is our role as the women of Kenya and the world to ensure that we improve and increase women participation. That is why we are enshrined in the Constitution.

Madam Temporary Speaker, the Senate Majority Leader was not here on Thursday when my colleagues were devouring and being unkind to me. I have the HANSARD here to prove it. However, two wrongs do not make a right. As a woman and leader, I must show that we can rise above pettiness and focus on the main issues. I also wish Sen. Wetangula was here. We, as Kenya Women Parliamentarians Association (KEWOPA) and Kenya Women Senators Association (KEWOSA) , have mentored so many women so far. You all know that we do not have a financial kitty that supports our activities. We, as Senators, use our minimal resources to reach out to other women, both professional and non-professional.

We have mentored many young professionals even in the villages. We go everywhere because our mandate is not restricted to counties even though we are

The Senate Majority Leader, please, do not harass Sen. Sijeny as she replies to this important Bill.

Please, take your time, Sen. Sijeny.

Madam Temporary Speaker, the Senate Majority Leader was not here on Thursday when my colleagues were devouring and being unkind to me. I have the HANSARD here to prove it. However, two wrongs do not make a right. As a woman and leader, I must show that we can rise above pettiness and focus on the main issues. I also wish Sen. Wetangula was here. We, as Kenya Women Parliamentarians Association (KEWOPA) and Kenya Women Senators Association (KEWOSA) , have mentored so many women so far. You all know that we do not have a financial kitty that supports our activities. We, as Senators, use our minimal resources to reach out to other women, both professional and non-professional.

We have mentored many young professionals even in the villages. We go everywhere because our mandate is not restricted to counties even though we are

Madam Temporary Speaker, pursuant to Standing Order No.54 (3) , I beg to move that you defer putting of the question to a later date.

It is accepted. The question will be put tomorrow.

Madam Temporary Speaker, pursuant to Standing Order No.54 (3) , I beg to move that you defer putting of the question to a later date.

It is accepted. The question will be put tomorrow.

Next order! Second Reading

Just to jog our minds, debate on this Bill was adjourned under Standing Order No.99 to allow for consultations. I think you have consulted. So, debate can resume. Therefore, the Floor is open.

Proceed, Senate Majority Leader (Sen. (Prof.) Kindiki) . Madam Temporary Speaker, what you have said is the correct position. However, we need your guidance whether it should be moved afresh. It was first stepped down for consultations. Or is it that the debate should continue?

No, it should not be moved afresh. The Floor is now open for anyone wishing to contribute. I believe you have now consulted enough. That is as per Standing Order No.99. We do not have to move it afresh.

Proceed, Sen. (Dr.) Zani. Madam Temporary Speaker, I thank you for giving me this opportunity to contribute to this Bill. From the outset, I support this Bill. This is an amendment Bill that seeks to align it with the Constitution. It is very clear in the Fourth Schedule. The distribution of functions between the national and county governments has been clearly stipulated. I refer to county government’s specificity in terms of what they are meant to do. They have a function as far as county health services are concerned, specifically county health facilities. They have a jurisdiction for the functions across county health facilities, pharmacies and promotion of primary healthcare.

From the outset, this Bill has to be well anchored in a devolved system. There is no way that can be done without creating new structures and giving those structures responsibilities that make it possible for this organ to be well entrenched in the Constitution, the counties and have synchrony between the two. That is why the aspect of introducing an authority is important. This is the apex. This authority will have a national mandate linking directly with the counties. Therefore, that amendment at Clause 2 where we are adding an authority to run the specific responsibilities is important.

Madam Temporary Speaker, at Clause 3, specific additional definitions are put in so that we anchor this Bill clearly within a devolved system. These terminologies and definitions were not there in the principal Act. We have definitions about the council which in this case is referring to a council of county governors. We have definitions

exactly where these are and what essential medicines and medical supplies are.

This Bill brings out very well one of the things we have had a contention with the National Assembly any time we are talking about counties. You cannot talk about counties without talking about the people in those counties. Therefore, when we talk about a Bill touching on a county, this is such a Bill. It touches on the people in the counties and the provisions that they actually get as a result of being in those counties.

The inclusion in Clause 4(aa) creates the very important idea of consultation at the level of the Authority and the Council, thus creating a consultative process for very key and sometimes very sensitive aspects of procurement, warehousing and ensuring availability of adequate medical supplies to the county governments.

This Authority will create an important link for such consultations so that there is no confusion about what is going on. The county governments are going to establish drawing rights, and maintain appropriate supply chain systems for drugs and medical supplies. In many instances, especially when we are talking about the supply to public hospitals or public institutions, there has been a lot of hue and cry. Sometimes medicines allocated, procured and distributed to a hospital are not availed to the patients. This coordinating and streamlining will help ensure that these supply chains start from the origin and end with the patient being able to receive these medicines. They will also be able to utilize the available equipment for appropriate delivery of drugs.

The final premise is that the sick person should be well. This coordination has previously been centralised but is now a devolved function. We still have debates on equipment that have been given to counties and how they are meant to be used.

Clause 4(a) talks about an agreement between the national and county governments. This is hinged on the inter-governmental agreement. It is this section that entrenches the connection between the national and county governments through an inter- governmental agreement that is going to be put in place and will allow for transfer of functions that fall under the county governments so that they are well prepared to handle those functions and have the powers as a result of those functions being given to them.

Madam Temporary Speaker, it is important to ensure that adequate resources are provided so that when this transfer is implemented fully, there will be enough resources. This is because devolution was not just about devolving functions but also resources. The Senate has spoken severally about the idea of costing of these functions. Today, we were talking about village polytechniques in the Committee on Education and the need to have them funded in order to run properly. The issue of how much has been allocated for those functions and where the money is came up again.

Having a specific council in place is also a critical issue in this amendment. It says:-

“Two persons, one a man, one a woman will be members in that council”. The gender balance in this role is very important. The Bill is clear that the recommendations, consultation, Council of Governors and the making of the regulations will be properly entrenched.

Request is granted. We will cluster it with the others for tomorrow.

Second Reading

There being no further requests, I call upon the mover to reply.

Madam Temporary Speaker, I beg to move and request that you defer the putting of the question to a later date under Standing Order No. 54 (3) .

Request is granted. We will cluster it with the others for tomorrow.

Second Reading

Since Sen. Wangari is not in the House, Second Reading of the Bill is deferred. Second Reading

The Senate Majority Leader. Madam Temporary Speaker, I beg to move:-

THAT the Parliamentary Powers and Privileges Bill (National Assembly Bill No. 35 of 2014) be read a Second Time.

Constitution relating to the privileges and immunities of Members of Parliament, in particular, to provide for the powers, privileges and immunities of Parliament, its committees, the Majority Leader, the Minority Leader, the Chairpersons of Committees and Members of both Houses of Parliament, and to make provisions relating to how members of the public may be admitted into the House, not necessarily in the Chamber, but the precincts of Parliament.

The precincts of Parliament are described as any area within the boundaries of Parliament. This is so that there is regulation on who accesses Parliament for the orderly conduct of business, the maintenance of the dignity of the two Houses of Parliament and for security of Members and staff who work there, being the most important and supreme political institution of the country.

Madam Temporary Speaker, the reason the Bill is introduced is to give effect to the new Constitution especially by recognizing that Parliament is now bicameral. This is because we already have an existing legislation known as the National Assembly Powers and Privileges Act Cap 6, but it deals with the National Assembly powers and privileges.

What the new Constitution says is that pending the introduction of a new Act which is now here, the National Assembly Powers and Privileges Act will continue to apply for both Houses of Parliament. Therefore, when this Act comes into force, Cap 6 which is the National Assembly Powers and Privileges Act will cease to apply. It will stand repealed and this is the law that will apply.

Madam Temporary Speaker, largely speaking, the issue of parliamentary privileges and immunities is standard. These are standard immunities and privileges that you will find in all parliaments around the world. With regard to the Commonwealth, the immunities and privileges are basically the same. Parliament is given inviolability in the sense that not everyone can access Parliament so that Members are secure and they are safe as they deliberate on important national issues. Parliament being a political House, its security cannot be overemphasized.

Secondly, all over the world and including in this Bill, Members are protected by being given freedom of speech and freedom from arrest or harassment by security agencies in connection with the words they speak or utter especially on the Floor of any House of Parliament or a committee for that matter. Likewise, there is protection of the staff members from being compelled to reveal information to unauthorized institutions, including courts, especially with regard to proceedings before Parliament.

For the orderly conduct of parliamentary business, this Bill also suggests that no member, whether an MP or a member of staff, may interrupt the proceedings of any House of Parliament or even a sitting of a committee of Parliament. Recently, we had an incident in this House where the proceedings of County Public Accounts and Investments Committee (CPAIC) were disrupted by an altercation between a Member and somebody who had appeared before that Committee. I do not want to speak to that matter because it is already being actively adjudicated but that shows you the need for order, whether in terms of plenary sittings or committee sittings, and this is what this Bill is intended to address.

precincts of Parliament, or rather to what space does this Bill apply. It applies to the Chambers in which proceedings of Parliament are conducted, including the galleries and the lobbies of the Chambers. It also includes all parts of the buildings in which the Chambers are situated, including the entrance, forecourts, yards, gardens, enclosures or open spaces are pertinent thereto. It also includes committee rooms and other meeting places used for parliamentary purposes. The offices of Parliament including the places within such offices that are provided for that are used by members of staff, the public and the press.

That includes Continental House and any other house which houses offices for MPs and members of staff. There is also Protection House and many other places where parliamentary staff and MPs operate from. That would be part of Parliament for purposes of this Bill. It also includes places provided for the use or accommodation for the Members, members of the public and representatives of the press et cetera. In a nutshell, Parliament is broadly defined to cover any building, passage or corridor where Parliament conducts its business. This is done by either MPs themselves or even members of staff who work in Parliament.

The other highlight I want to make is with regard to the provision that says that security officers may work within the precincts of Parliament with the authority of the Speaker for purposes of maintaining safety and order. This is found in Clause 4 of this Bill.

Madam Temporary Speaker, Clause 6 talks about the freedom from arrests for Members during sessions or committee meetings. They are not supposed to be arrested even for civil matters. If there is a civil matter, arrests cannot be made within the precincts of Parliament. You must wait for that Member wherever and arrest them from wherever. We have had a few cases in the history of the Parliament of Kenya where arrests have been made inside Parliament. The first major case was in 1975 where Hon. Martin Shikuku and Hon. Jean-Marie Seroney were actually arrested from inside Parliament. That was a grave violation of parliamentary immunities and privileges.

Another highlight is Clause 9 which deals with freedom of speech and debate for Members so that you are not held accountable in any way, whatsoever, for utterances that you make on the Floor of the House.

The other highlights are Clauses 10 and 11 which provide that no proceedings of Parliament may be questioned before any court to immunise the proceedings of Parliament. Just for clarification, we are not saying that courts cannot question products of Parliament like legislation but courts cannot stop Parliament from legislating. What they can do is to, for example, declare a certain legislation that has already been made either unlawful or unconstitutional. We have had exchanges around this issue between Parliament and courts. I think it is almost clear that the courts are appreciating that separation of power does not empower courts to injunct Parliament. The latest case was the matter involving the impeachment of the Governor of Murang’a County where Justice Onguto clearly refused to injunct the Senate from proceeding with the impeachment and said that the courts cannot interfere with the workings of Parliament.

proceedings of any kind. I think I have already alluded to that and it is in Clause 12. I will highlight Clause 13 which provides that staff members who work to facilitate the working of Parliament may not be compelled, for example, to produce any minutes that they have written in the course of their duties because, again, this is part of the privileges of Parliament.

Clause 15 talks about the Committee on Powers and Privileges. This is a very important committee. You will recall that recently, we passed within our Standing Orders the Senate Business Committee (SBC) because it never used to exist. We had Rules and Business Committee (RBC) which was doubling up as Powers and Privileges Committee and at the same time as the House Business Committee. What we have done now under the new Standing Orders which this Senate passed a month ago is that we have the Senate Business Committee (SBC) as a separate committee from the Rules and Procedures Committee (RPC) which deals with issues of immunities and privileges.

For the National Assembly, the Powers and Privileges Committee is composed of the Speaker and 14 other Members of the National Assembly. For the Senate, it is the Speaker and six other Members of the Senate. This Committee will help us to deal with some of the things that we have seen.

Is it six or eight other Members? Madam Temporary Speaker, the Speaker is the Chairperson of the Committee. For the National Assembly, it is 14 other Members and for the Senate it is six. That is something we can confirm but the Bill that I have from the Government Printer talks about six.

Madam Temporary Speaker, allow me to say the work of this Committee is to help in the enforcement part so that you do not have security officers dealing with the enforcement of professional issues. As much as possible, security officers should not be used to deal with political disputes and matters that arise out of the transaction of politics. So, it is a very powerful committee and important in terms of dealing with some of the issues of discipline. Allow me to highlight some of the things that they may enforce; issues of assault, obstruction of members of staff and Members of Parliament. No one may assault, obstruct or harass them, no one shall cause disturbance whether it is in plenary or committee and including issues of members of the public. If they are given instructions by the security officers on how and when to access or not to access certain places in Parliament, they should comply. If they do not comply, then that matter will be taken up.

There is a whole section of enforcement and in case of infringement of the immunities and privileges. There are enough penalties provided for so that members do not use immunities and privileges to cause disturbance, chaos, violence, assault to other members, intimidate, threaten or injure visitors to Parliament or people who appear before parliamentary committees and so on.

Madam Temporary Speaker, I do not want to belabor the importance of this Bill but to say that this Bill will help us realize that Kenya is now a bicameral Parliament and that way, some of the provisions apply to the Senate and the National Assembly separately. For example, the Powers and Privileges Committees; we have one for the

are standard, the code of conduct which this Bill enforces on dignity, order and the need for respect among members in their relationships with each other, with members of staff, the relationship between members of staff and visitors; all that is contained here and anybody who violates has sanctions provided for, either using the security organs which have been given the mandate to enforce order with the permission of the Speaker or the Powers and Privileges Committee of the respective House.

Madam Temporary Speaker, I beg to move and request Sen. Nabwala to second.

Madam Temporary Speaker, I rise to second this very important Bill; The Parliamentary Powers and Privileges Bill, 2014 whose objective is very clear. The Mover stated very clearly that the National Assembly Powers and Privileges Act, Cap 6 which is the current law on this subject did not envisage a bicameral parliament. Therefore, this Bill is moved today so that we can debate on the various clauses that the Mover talked about.

The main objective of the Parliamentary Powers and Privileges Bill, 2014 is to give effect to Article 117 of the Constitution. We know that Article 117 (1) of the Constitution talks about freedom of speech and debate in Parliament. Parliament may for the purpose of orderly and effective discharge of the business of Parliament provide for the powers, privileges, immunities of Parliament, its committees, the leader of the majority party, the leader of the minority party, the chairpersons of committees and members.

Madam Temporary Speaker, the Mover has touched on all these items and I would like to support the Bill because it is important particularly to legislators because when we stand here to speak, we sometimes speak about matters that are sensitive.

The Bill seeks to protect us from legal suits and give us powers, privileges and immunity.This Bill sets out the code of conduct within Parliament. It also protects the precincts of Parliament. The Al Shabaab have bombed supermarkets in the past because of laxity in security checks. The Bill gives impetus to our security arrangements within Parliament. I support this Bill on that basis.

Some Members of Parliamenthave been harassed for not conducting themselves in a proper manner. For example, we saw what happened in the National Assembly when the President was delivering his Speech during the Joint Sitting of Parliament early this year . Hon. Opiyo Wandayi was ordered out of Parliament by the Speaker. We will have a Committee that will listen to contentious and conflicting matters. We have also had cases where governors appear before the Senate and are confronted by some Members. We do not want governors to be mishandled and thrown out of the Committee rooms by the orderlies. If we have a Committee in place to handle such matters, we shall have a better way of conducting our business without disruption.

The Mover also talked about two joint committees that will be formed by the National Assembly and the Senate. Both committees will be headed by the Speakers. These committees will be important because they will bring together the two Houses and promote the bicameral system. We are supposed to work together so as to serve the public better.

Madam Temporary Speaker, I beg to second the Bill and thank the Mover.

Madam Temporary Speaker, I stand to support this Bill. We have key organs in this country; the Judiciary, Legislature and Executive. The legislative body is incubated by Parliament, which by all means, is a symbolic and key organ in terms of ensuring that the legislative arm is catered for. A lot of things happen in Parliament. Members of Parliament are recognized and acknowledged to have a lot to offer within their societies in coming up with the right legislation.

This Bill is titled ‘The Parliamentary Powers and Privileges Bill (National Assembly Bill No.35 of 2014).’ It includes both the National Assembly and the Senate.

Madam Temporary Speaker, I think all aspects of the operations of what happens within Parliament are well catered for. The Bill is extensive and it gives details. It does not leave anything to chance because every aspect has been well tackled. The Bill provides for the precincts of Parliament by giving geographical position. It also provides for the privileges and immunities of Members and the Committee Members both at the Senate and the National Assembly. The membership of the proposed Committee will be the Speaker of the National Assembly Chairing the six Members and 14 Members drawn from the Senate and the National Assembly respectively. It also gives the provision of summoning of the witnesses when required.

Further, it gives clear provisions about publications and broadcasting and especially how the material that is used from publication and broadcasting can be used so that it is not abused.

Madam Temporary Speaker, in the Fourth Schedule, it clearly gives a code of conduct that is meant to help Members of Parliament in their day to day business. As usual, we do not rely on media reports as evidence. That has been confirmed too. The issue about carrying guns is also addressed. Parliament is a House of decorum and Members are expected to dialogue and not fight or utter adverse words against each other.

The precincts of Parliament have been well defined. In sub-clause (2), the definition becomes key. Where Parliament sits outside the precincts of Parliament, such a place shall be deemed to be the precincts of Parliament precincts. This is key for the Senate because we may have a sitting in counties. Our sitting in a county will therefore be deemed a Senate House.

Madam Temporary Speaker, we have protection from debt, civil and criminal suits, freedom of speech and that no proceedings or decisions of Parliament can be questioned by any court of law. It gives an allowance from freedom of expression. There is also protection of the members of stafftaking minutes. The information of the Committee should not be shared beyond the Committee sitting. Where there is a contravening situation, there is a provision on how to address it. There are penalties that have been given to curb such practice. It has been said right from the beginning that the threshold for these penalties needs to be clear. Therefore, from the onset of a committee meeting,it is important to sort out the issue of threshold on the punishment that can be meted out on what has been committed.

Your request is granted. We cluster it with those that will be put on Thursday.

Next order! Madam Temporary Speaker, looking at the time, and considering that the Bill has to be moved and seconded, I request that you defer Order No.18 as well as the next one on assisted reproductive technology to tomorrow so that we can have ample time to debate. I do not think that I can move it in four minutes and have it seconded.

Your request is granted. We defer Order Nos.18 and 19

Second Reading

Your request is granted. We cluster it with those that will be put on Thursday.

Next order! Madam Temporary Speaker, looking at the time, and considering that the Bill has to be moved and seconded, I request that you defer Order No.18 as well as the next one on assisted reproductive technology to tomorrow so that we can have ample time to debate. I do not think that I can move it in four minutes and have it seconded.

Your request is granted. We defer Order Nos.18 and 19

Second Reading

THAT, this House adopts the Report of the Sessional Committee on County Public Accounts and Investments on the Inquiry into the Financial Operations of Homa-Bay County Executive for the Financial year 2013/2014 laid on the Table of the House on Wednesday, 4th November,

The Chairperson of the Sessional Committee on County Public Accounts and Investments is not in the House. Therefore, that Order is deferred. Next order!

handle employment, deployment, remuneration and discipline of teachers in public schools in Kenya; CONCERNED that there are great disparities in the distribution of teachers in public schools across the country leading to oversupply in some schools and undersupply in others and ultimately leading to major teacher shortage especially in rural and marginalized areas; APPRECIATING efforts made by the national government to improve the teacher pupil ratio to international standards in all public schools through yearly employment of teachers; FURTHER CONCERNED that the statistics on the number and distribution of teachers in public schools is not readily available; NOW THEREFORE, the Senate directs the Ministry of Education, Science and Technology to conduct a countrywide audit on the distribution of teachers in all public schools indicating the requisite establishment per school and the corresponding number of teachers who are in-post and further that the Ministry submits a report to the House on the matter within ninety (90) days. Temporary Speaker (

Sen. Khaniri is also not in the House. Therefore, that Motion is deferred.(Motion deferred)

Hon. Senators, there being no other business, the Senate stands adjourned until tomorrow, Wednesday, 28th July, 2016 at 2.30