May 26th, 2015 SENATE DEBATES

Tuesday, 26th May, 2015

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.40 paragraphs 3 and 4, I have received the following message from the Speaker of the National Assembly regarding the approval by the Assembly of the mediated version of the Environmental Management and Coordination (Amendment) Bill, (National Assembly Bill No.31 of 2014) .

“Pursuant to the provisions of Standing Order No.150 of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly;

Whereas the Environmental Management and Coordination (Amendment) Bill, National Assembly Bill No.31 of 2014 was referred to a Mediation Committee in accordance with the provisions of Article 112 (2) (b) of the Constitution;

Whereas the National Assembly on the 26th May, 2015 considered and approved the mediated version of the said Bill as required under Article 113 (2) of the Constitution;

Now therefore, in fulfillment of the provisions of Standing Order No.150 (4) (b) of the National Assembly Standing Orders, I hereby convey to the Senate the said decision of the National Assembly.”

Hon. Senators, as you are aware, this is one of the Bills with a Constitutional timeline of 27th May, 2015 which is tomorrow, Wednesday. You will also note that the report of the Mediation Committee on the Environmental Management and Coordination

May 26th, 2015 SENATE DEBATES

Order, hon. Senators! Are there no Statements today? What is happening to the Committee on Finance, Commerce and Budget? Yes, the Senate Minority Leader.

The Senate Minority Leader (Sen. (Dr.) Wetangula) : Mr. Speaker, Sir, mine is listed under 2 (a) .

Where is the Chairperson, Standing Committee on Legal Affairs and Human Rights?

Where is the Vice Chairperson, Sen. Sang?

Mr. Speaker, Sir, mine is listed under 2 (a) .

May 26th, 2015 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. Is the Senate Minority Leader in order to suggest that my response was mischievous? I was just stating that the Chairman of the Committee is not around. That is why I was stepping in as the Vice Chairperson. There is no mischief in that. However, I also said that we have tried through the official channels to push for the Attorney-General to supply us with this Statement. However, that has not been forthcoming.

If this House allows us to go to the doors of these offices so as to solicit for these Statements, I will be willing to do so tomorrow. I will look for the Attorney-General and indicate to him that the commitment he gave that we would get the Statement within one week has not been fulfilled by his staff. That is something I can do tomorrow. However, that does not mean that I will get the Statement tomorrow. I am just making an undertaking that I will try to reach the Attorney-General tomorrow and see whether I can get the statement.

So, when do you want to give us the Statement?

Mr. Speaker, Sir, that explanation from the distinguished Senator is mischievous, to say the least. He started by saying that the Chairman of the Committee is not here. He then went ahead to make unhelpful prepositions as to why the statement is not here. The absence of a Chairman of a Committee is no bar from business being transacted in this House. The Committee is not about a Chairman, but Members. Quite often, you will direct any Member present from the Committee to transact business.

May 26th, 2015 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. Is the Senate Minority Leader in order to suggest that my response was mischievous? I was just stating that the Chairman of the Committee is not around. That is why I was stepping in as the Vice Chairperson. There is no mischief in that. However, I also said that we have tried through the official channels to push for the Attorney-General to supply us with this Statement. However, that has not been forthcoming.

If this House allows us to go to the doors of these offices so as to solicit for these Statements, I will be willing to do so tomorrow. I will look for the Attorney-General and indicate to him that the commitment he gave that we would get the Statement within one week has not been fulfilled by his staff. That is something I can do tomorrow. However, that does not mean that I will get the Statement tomorrow. I am just making an undertaking that I will try to reach the Attorney-General tomorrow and see whether I can get the statement.

So, when do you want to give us the Statement?

Mr. Speaker, Sir, I should report progress on whether I can give the Statement tomorrow.

What is it, Sen. Khaniri?

Mr. Speaker, Sir, I am sure you heard the hon. Senator saying that he is even ready to go and beg, knock doors of a Cabinet Secretary to get a Statement. It should be noted here that nobody is doing us a favour by bringing these statements to this House. It is our constitutional right. The Constitution gives us powers similar to the powers of the High Court under Article 125 of the Constitution, to summon anybody. Is he in order to imply that he will be going to beg for statements when he knows that he has powers to summon these people to give these statements and evidence? The Senate Minority Leader (

Mr. Speaker, Sir, if you listened carefully to the remarks of Sen. Orengo, he alluded to the fact that the current Government wants to interfere with the next elections. Could Sen. Orengo substantiate that allegation?

Sen. (Dr.) Machage, there is really no issue before the House. That is an issue that can be addressed when the Statement is brought. Sen. Orengo just raised his fears that it could be possible that the delay was as a result of that. I do not think you expect the Vice Chairperson of the Committee to start giving the House speculative responses.

May 26th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I said that they want to do it like they did it in the last elections. If I am given an opportunity to say how they did it, I am quite free to do so. However, I stand guided.

Sen. Orengo, you shall be guided here, but my problem is really procedural. There is really no matter before us. We really do not want to lose the very important Statement sought by the Senate Minority Leader by starting to engage in other things. Your issues can be addressed when that Statement is properly before the House so that we have a matter that we can really speak to. I hope Sen. (Dr.) Machage was not holding brief for anybody else.

Sen. Sang, you have immense powers, not imaginary, but real powers, which are enshrined in Articles 125 and 153 (4) . In fact, Article 153 (4) says Cabinet Secretaries should give Parliament regular reports. Given that we are dealing with the office of the Attorney-General of the Republic, he owes it to the country, unto himself and the office and his professional colleagues, to just do the right thing. So, give us a report by tomorrow. In any event, we want that Statement latest Thursday.

On a point of order, Mr. Speaker, Sir. Sen. Sang said that he is a senior member of the Jubilee administration. Whereas I have a lot of respect for him and if he cannot get a statement from one Cabinet Secretary, does his seniority count for anything?

Sen. (Dr.) Machage, there is really no issue before the House. That is an issue that can be addressed when the Statement is brought. Sen. Orengo just raised his fears that it could be possible that the delay was as a result of that. I do not think you expect the Vice Chairperson of the Committee to start giving the House speculative responses.

May 26th, 2015 SENATE DEBATES

Order, Senators! First, Sen. Njoroge raised his hand, but it was not as dramatic as is being portrayed by the Senate Minority Leader.

Secondly, the Senate Minority Leader is the least qualified to question gestures of communication. He has also been using the verbal one repeatedly and loudly.

Sen. Orengo, you shall be guided here, but my problem is really procedural. There is really no matter before us. We really do not want to lose the very important Statement sought by the Senate Minority Leader by starting to engage in other things. Your issues can be addressed when that Statement is properly before the House so that we have a matter that we can really speak to. I hope Sen. (Dr.) Machage was not holding brief for anybody else.

Sen. Sang, you have immense powers, not imaginary, but real powers, which are enshrined in Articles 125 and 153 (4) . In fact, Article 153 (4) says Cabinet Secretaries should give Parliament regular reports. Given that we are dealing with the office of the Attorney-General of the Republic, he owes it to the country, unto himself and the office and his professional colleagues, to just do the right thing. So, give us a report by tomorrow. In any event, we want that Statement latest Thursday.

On a point of order, Mr. Speaker, Sir. Sen. Sang said that he is a senior member of the Jubilee administration. Whereas I have a lot of respect for him and if he cannot get a statement from one Cabinet Secretary, does his seniority count for anything?

What is it, Sen. Wetangula? The Senate Minority Leader (

On a point of order, Mr. Speaker, Sir. Have you noticed that repeatedly as the proceedings are going on, Sen. Njoroge has kept on raising his hand as if he is in a classroom?

In the meantime, the technicians need to look at my gadget.

Mr. Speaker, Sir, last week, I was to get a reply to a Statement which I had sought three weeks ago regarding the multi-million shillings battery assembly factory in Naivasha, Nakuru County. The reply could not be made on Thursday because of time. Therefore, I request that you intervene so that I get the reply from the Committee on Health.

May 26th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I have two Statements that are ready. If you allow me I will issue them. There was a statement request that I made to the Committee on Agriculture, Livestock and Fisheries on the Malka Daka issue. I believe that the Chairperson is not here, but the Vice Chairperson is here.

Mr. Speaker, Sir, since I have understood that the gadget is not working, I have decided to use my hand. Last week on Thursday---

In the meantime, the technicians need to look at my gadget.

Proceed, Sen. Ndiema.

Mr. Speaker, Sir, we had the chance to summon the officials of the Ministry on the issue of Malka Daka Irrigation Scheme. The Senator had the opportunity to attend and interrogate the matter. The main issues that were pending on that day were; why it appeared that two pump houses were being constructed---

Order, hon. Senators! Vice Chairperson, the Member only wanted to know. If you are not ready, you will come back to the House later. We cannot prosecute Committee business on the Floor.

Order, let us hear from the Vice Chairperson first. Proceed, Sen. Ndiema.

May 26th, 2015 SENATE DEBATES

Order, Vice Chairperson! Give us the conclusion first then we will know whether to go for the background or not.

Are you ready to respond to her or not?

Mr. Speaker, Sir, yes; I am ready. They will go there in September.

Mr. Speaker, Sir, I do not know whether I should respond to my brother. He has all the information. We were dissatisfied with the presentation after interrogating the Ministry officials. The Committee agreed to give the Ministry up to September to finish what they are doing so that we can go to the ground. I thought that is what he should have reported here for the purpose of the HANSARD.

Mr. Speaker, Sir, if you allow me---

Order, Senator! That is exactly what he has said finally. He said the Committee will be visiting the county in September. I suppose that is after getting the necessary information from the Ministry.

You may now proceed with other Statements.

Order, hon. Senators! Vice Chairperson, the Member only wanted to know. If you are not ready, you will come back to the House later. We cannot prosecute Committee business on the Floor.

Order, let us hear from the Vice Chairperson first. Proceed, Sen. Ndiema.

Mr. Speaker, Sir, I was just bringing the background. We held the Committee meeting. We summoned the officials of the---

Order, Vice Chairperson! Give us the conclusion first then we will know whether to go for the background or not.

Are you ready to respond to her or not?

Mr. Speaker, Sir, yes; I am ready. They will go there in September.

Mr. Speaker, Sir, I do not know whether I should respond to my brother. He has all the information. We were dissatisfied with the presentation after interrogating the Ministry officials. The Committee agreed to give the Ministry up to September to finish what they are doing so that we can go to the ground. I thought that is what he should have reported here for the purpose of the HANSARD.

Mr. Speaker, Sir, if you allow me---

Order, Senator! That is exactly what he has said finally. He said the Committee will be visiting the county in September. I suppose that is after getting the necessary information from the Ministry.

You may now proceed with other Statements.

May 26th, 2015 SENATE DEBATES ABORTED VISIT TO THE USA BY PRESIDENT UHURU KENYATTA

Thank you, Mr. Speaker, Sir. I have two Statements to make. The first one is with regard to a request by Sen. (Eng.) Muriuki. He wanted to know the objective of the visit to the United States of America (USA) by His Excellency the President. I have shared this Statement with him.

Mr. Speaker, Sir, His Excellency the President was invited as a key speaker to the 2015 Milken Global Conference which was scheduled for 26th April to 29th April, 2015. The Global conference brings together intellectuals and leaders to explore solutions to challenges in financial markets, industry, health, government and education. This year’s conference aspired to increase global empowerment by advancing collaborative solutions in capital creation of employment and improved health, through independent data-driven research and innovative policy initiatives. Specifically, the strategic value of the conference laid its potential to catalyse global investment in infrastructure and the development of our common markets in Kenya and East Africa broadly, hence, the intended representation by His Excellency the President and President Kagame of Rwanda.

Mr. Speaker, Sir, His Excellency the President was going to be the headline speaker at the three major events; Corporate and Investor Roundtable, Global Overview Plenary and Sub-Saharan African Panel: The State of Affairs - a perspective from the Heads of State.

In addition to holding private conversations and interviews to position Kenya and East Africa, His Excellency the President was going to meet the film industry in Hollywood to help revamp the film sector in Kenya. The visit was also going to include a tour to the Los Angeles Ports Authority. Los Angeles recently made major renovations and upgrades to the ports, similar to what Kenya is aspiring to do with the Port of Mombasa.

Mr. Speaker, Sir, secondly, the Senator also wanted us to indicate the scheduled itinerary of His Excellency the President during the said visit. The scheduled itinerary was: Nairobi to Dubai, 23rd April, 2015, at 1700 Hrs, by special aircraft; Dubai to Los Angeles, 24th April, 2015 aboard Emirates at 0855 Hrs; Los Angeles to Dubai, 29th April, 2015, aboard Emirates, at 1645 Hrs, arrival in Dubai on 30th April, 2015 at 1935 Hrs and Dubai to Nairobi, 1st May, 2015 at 1400 Hrs.

Mr. Speaker, Sir, part (c) of the question wanted an explanation as to why the flight by His Excellency the President had to abort midair. The decision was taken by the pilot due to information about escalated military activity over Yemeni airspace.

Mr. Speaker, Sir, part (d) of the request reads:- “State the number of persons in the aborted flight and steps taken to ensure their safety after the flight aborted.”

May 26th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I think I was entitled to a copy of that statement before it came to the House. Sen. Dullo said that it was shared, but she actually came, showed me and went away, for which I thank her.

A number of aspects of that statement are fairly casual. For example, it says that the flight was aborted because the pilot decided to come back. A pilot is not in charge of an aircraft only when it is in air. He or she starts during the planning stage. He or she is the one who actually determines the route. Therefore, to say that they were not aware there was a warzone in Yemen and hostility between Ethiopia and Eritrea and so they returned, is to be very casual.

Could the Vice-Chairperson go and come back with a more comprehensive answer? How come the plane carrying our President was planned to fly over an active warzone, knowing that only last year a Malaysia passenger aircraft was actually shot down in Ukraine for simply flying over an active warzone?

Regarding what steps are being taken to ensure that, that kind of scenario does not happen again, it is very casual to say that nobody was found responsible. We want to know how that happened in the first place. You go all the way and then discover midair that there is war ahead. Lastly, to say that no disciplinary action was taken against anyone, is to suggest that the decision by the pilot to come back was again quite casual, if there was no problem.

May 26th, 2015 SENATE DEBATES

Vice-Chairperson, just note the issues.

Mr. Speaker, Sir, allow me to get embarrassed on behalf of Sen. Dullo for coming to read such a statement to this House.

Please, proceed, Sen. M. Kajwang.

Thank you, Mr. Speaker, Sir. That statement has revealed something that many Kenyans were not aware of; that the President was scheduled to go to Hollywood around the same time when people were dying in Kenya. That is extremely unfortunate. For some reasons, I feel happy that the President did not make it to Hollywood when our children were being killed in Garissa.

Mr. Speaker, Sir, more specifically, I would have wished that the statement told us a number of things. One, it has been reported that the President had been dropped from the detailed programme. If you go to the Milken Institute website, where the detailed programme for that workshop has been posted, the President is not listed. The only other person from Kenya who is listed is Mr. Bob Collymore. Could we get a confirmation that the President turned back because he had been dropped from the programme?

Secondly, is it possible for us to get a confirmation that on the same night, how many other flights made it successfully to Dubai through that route? Why is it that it is only the President’s flight that was turned back? We have also been treated to press reports that the Ministry of Foreign Affairs had sent a protest note to Ethiopia and summoned the Ethiopian Ambassador to Kenya. Could we get that confirmation?

Thank you.

May 26th, 2015 SENATE DEBATES

Thank you, Mr. Speaker, Sir. Mine is to request to a clarification because the last part of the Vice Chairperson’s answer, said that nobody has been held responsible. She also said that the pilot decided to turn back. In the recent past---

Order, Senator! Just ask for the clarification. You had started very well.

Mr. Speaker, Sir, we want to know why the pilot decided to turn back, and nobody has been held accountable.

I am going to take the last clarifications from Sen. Abdirahman, Sen. Ndiema and Sen. Mutula Kilonzo Jnr.

Please, proceed Sen. Abdirahman.

Thank you, Mr. Speaker, Sir. I heard my sister, Sen. Dullo, say that we have not lost anything. We actually lost colossal amounts of money. Presidential trips are expensive. The fact that this trip did not materialize means that we lost so much of the tax payer’s money.

Secondly, representation by the Cabinet Secretary, Mr. Fred Matiang’i, is not the same as representation by the Head of State, in any kind of meeting, especially where you have mentioned the various levels. Is Government considering action against those who had planned this aborted trip?

May 26th, 2015 SENATE DEBATES

Thank you, Mr. Speaker, Sir. Mine is to request to a clarification because the last part of the Vice Chairperson’s answer, said that nobody has been held responsible. She also said that the pilot decided to turn back. In the recent past---

Order, Senator! Just ask for the clarification. You had started very well.

Mr. Speaker, Sir, we want to know why the pilot decided to turn back, and nobody has been held accountable.

I am going to take the last clarifications from Sen. Abdirahman, Sen. Ndiema and Sen. Mutula Kilonzo Jnr.

Please, proceed Sen. Abdirahman.

Thank you, Mr. Speaker, Sir. I heard my sister, Sen. Dullo, say that we have not lost anything. We actually lost colossal amounts of money. Presidential trips are expensive. The fact that this trip did not materialize means that we lost so much of the tax payer’s money.

Secondly, representation by the Cabinet Secretary, Mr. Fred Matiang’i, is not the same as representation by the Head of State, in any kind of meeting, especially where you have mentioned the various levels. Is Government considering action against those who had planned this aborted trip?

Mr. Speaker, Sir, will I be in order to request that the Committee thoroughly interrogates and investigates that matter because it is very serious? To say that there was no cost does not suffice. There certainly must have been cost in planning such a trip.

Secondly, in view of the danger that has been alluded to against the life of none other than the President and his entourage, I think that the Committee would do better to interrogate this issue further and even call the pilot to ask him whether it is actually him who solely decided to come back. We have heard so many conflicting reports.

Order, Senator! You have put your case. Please, proceed, Sen. Mutula Kilonzo Jnr.

Thank you, Mr. Speaker, Sir. This incident is embarrassing to this Republic. I want to remind the people who think that they own the President that he is actually a symbol of national unity and he does not belong to Jubilee. This is a serious matter. It is possible that the persons who planned this function and whatever it is that they did, are attempting to hide. This Senate may be the only recourse of saving the Head of State the embarrassment that he was caused of having to come back to Kenya and summon his Cabinet Secretary in charge of Foreign Affairs.

In terms of clarifications, I would suggest, just like Sen. Ndiema has suggested, that this matter needs a serious enquiry. Of all the enquiries that we have had under the Commission of Enquiries Act, this is one of them that the Senate must conduct. If not for anything, but to save this Republic the embarrassment of our Head of State who returned to this Republic and then retreated to Sagana in sheer embarrassment of the Government that he is leading.

Thank you, Mr. Speaker, Sir.

May 26th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I wonder whether it is by mistake or deliberate that the television today is being switched on and off. I have never seen that before.

Let me find out.

Mr. Speaker, Sir, I would like to seek one clarification from the Vice-Chairperson. She said nothing was lost, but we know that when these trips are planned all those who go for the trip are given per diems or imprest. Is she saying that they have all surrendered?

I also want her to substantiate because she said we lost nothing. People must have received imprests and hotels booked. Does it mean that they have surrendered the money?

Mr. Speaker, Sir, I would like to respond to the concerns raised by my colleagues. I appreciate that the concerns are valid. Nevertheless, some of the issues that were raised are pegged on rumours from the media. We do not have to listen to rumours, especially the concerns raised by criminals on the issues between Ethiopia and Somalia. That is information from the media. I am not in a position to respond to that. The Committee will further clarify the concerns raised by Members, but let me confirm to Sen. (Eng.) Muriuki that I have not mentioned anything about Eriterea.

In terms of representation in the conference, we lost nothing. In terms of imprest for officers, the Minister represented the country. Of course, it might not have been effective. However, in the circumstances, he represented the country. In terms of finances, I cannot answer as to whether it was surrendered or not.

Again, there are many other concerns which I might not be in a position to answer. We, as a Committee will meet and discuss on how to deal with the issue and report to the House.

Mr. Speaker, Sir, I have two points to make about this issue. First, Sen. Adan has offered to go back and get comprehensive answers. But alongside that, I suggest that the Chair orders the Committee on National Security and Foreign Relations to investigate this matter specifically. After the pilot casually decided to come back, could they also find out at what stage was the President actually informed that they were headed to Nairobi?

Mr. Speaker, Sir, as I said earlier, we are going to investigate and also respond to the issues raised by

Order, Sen. Wetangula. The Chair has no problem when you use words that describe and are accepted. However, when there are protests, we have no recourse, but to the Standing Orders. The Standing Orders are very clear, elaborate, simple and plain. Standing Order No.90 (6) states:-

“A Senator shall refer to another Senator by the title Senator

”

I want to believe that the first Senator is you and the other Senator is Sen. Adan Dullo. That is simple. There is no gracious, lady or grace. Why can you not do it; just leave it as it is and we proceed?

On a point of order, Mr. Speaker, Sir. This Standing Order is not put in the negative. It does not say you shall only refer to another Senator as Senator only. It just says you shall refer, but it does not say you shall not refer. There is nothing put in the negative. So, it is not exclusive. The rules of interpretation are very clear.

May 26th, 2015 SENATE DEBATES

Mr. Speaker Sir, the Standing Orders also give allowance for tradition and custom. We have referred to some as “Learned Senator”. When the Senator for Bungoma referred to Sen. Adan as gracious, she did not object. I do not see why Sen. (Dr.) Zani objected. We have always referred to her as “Dr.” we should just refer to her as “that one”.

I think a Senator should refer to another Senator as “Senator so and so”, but not as “gracious lady”.

That is correct. The Senate Minority Leader (

Sen. Obure, it does not mean that

“Sen. Adan, the gracious, the most beautiful.” You should be at liberty to do all those, but after the name.

Mr. Speaker, Sir, I am shocked at this rejectionist philosophy creeping into this House. A distinguished gracious lady Senator is not offensive, unless she is denying any association with grace.

By the way, Sen. Wetangula, you are now dealing with the Chair and not those others.

The Chair has guided the House and all of you are subject to the guidance of the Chair. There is no amount of meandering that will salvage you from the word “shall”. In

May 26th, 2015 SENATE DEBATES

Mr. Speaker Sir, I think we have concluded that. I have another statement requested by several Senators.

Mr. Speaker Sir, the Standing Orders also give allowance for tradition and custom. We have referred to some as “Learned Senator”. When the Senator for Bungoma referred to Sen. Adan as gracious, she did not object. I do not see why Sen. (Dr.) Zani objected. We have always referred to her as “Dr.” we should just refer to her as “that one”.

Order, hon. Senators! I am afraid that with all the spirited defence that you have given to the Senate Minority Leader, it cannot work before the Chair. With all due respect to the Senior Counsel, whom we all defer---

May 26th, 2015 SENATE DEBATES

Sen. Obure, it does not mean that

“Sen. Adan, the gracious, the most beautiful.” You should be at liberty to do all those, but after the name.

By the way, Sen. Wetangula, you are now dealing with the Chair and not those others.

The Chair has guided the House and all of you are subject to the guidance of the Chair. There is no amount of meandering that will salvage you from the word “shall”. In

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

Order, Senators! Sen. Adan, just assume your seat. In a way, I would have allowed the Senate Minority Leader to suffer the consequences of his own actions. However, since the Chair cannot act with favour or fear, I will still discharge my responsibility without fear of favour.

First, I confirm that the Vice-Chairperson of the Committee actually confirmed that you have interrogated the Statement further and raised fundamental issues which the Committee is going to interrogate further. That is the request of other Senators who interrogated the matter. Although the direction was solely needed under the circumstances, it was not necessary because there was a kind of consensus. Since it was requested, I will direct that the Committee interrogates the matter further and tables the Report to the House.

Get it ready by the time we resume. Proceed, Sen. Adan.

On a point of order, Mr. Temporary Speaker, Sir. As per Standing Order No.91, we are explicitly reminded not to discuss the conduct or character

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

I know how important that point is, but because of time we should restrain ourselves as per Standing Order No.90.

The Senate Minority Leader (Sen. Wetangula) : Mr. Temporary Speaker, Sir, we have not discussed the conduct of any President.

Let us proceed.

Mr. Speaker, Sir, I have listened to the long discourse by the Vice Chairperson; it is gratifying to hear and note that no Kenyan has either died or been harmed or at least, there is no record of such in the events unfolding in Burundi.

May 26th, 2015 SENATE DEBATES

Next order.

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

Who is “temporary five”? Proceed, Senator.

May 26th, 2015 SENATE DEBATES

Hon. Senator, because of time, we must dispense Order No.8 today. Will you mind to hold on up to tomorrow, please?

Mr. Temporary Speaker, Sir, I can wait, but this has been postponed severally. Even last week on Thursday, it was postponed.

I remember that I had requested that earlier and I wanted to be in the House when that statement is being replied to. It is my prayer if you would kindly allow me to get the reply.

Okay, because of time and I know that it was not even listed on the Order Paper, please, just wait. I know that we will require the numbers when it comes to Order Nos.8 and 11. I request Sen. (Dr.) Machage to be in the House tomorrow, God willing, and make sure that he gives the reply.

Next order, please.

Mr. Temporary Speaker, Sir, ---

Mr. Temporary Speaker, Sir, we have not discussed the conduct of any President.

I know you have not discussed the conduct of the President of Burundi, but you have referred to him and maybe that is the reason the hon. Senator wanted to caution the Senators. Let us observe time. Every hon. Senator has one minute.

Mr. Temporary Speaker, Sir, just as a matter of seeking further clarification to that statement, I think the world is evolving towards having partnerships based on common values, democracy, human rights and the rule of law. I think whatever happens in one country impacts on another. When elections were stolen in Kenya in 2007/2008, we started this framework of a power sharing agreement. Zimbabwe stole an election immediately thereafter under the same formula. Finally, in Cote d’Ivoire President, Gbagbo, tried to rig an election with the hope of power sharing.

Now, we are seeing an emerging trend in Africa, particularly Eastern Africa where people are protracting their stay in power. This can serve as a very dangerous precedence. The laxity with which the Eastern African leaders are addressing these issues shows complacency to a point where we need, as the people of Kenya, to be reassured that when it comes to time for exit, those in power right now will exit without borrowing precedence from these other rulers. It is raises concern that the Eastern African regional

May 26th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, I will not take much time in responding to most of the issues raise here. First and foremost, Burundi is a sovereign State. It has a Constitution that guides and directs how they should govern themselves.

Secondly, it does not require President Uhuru Kenyatta to advise them. However, as a member of the East African Community, we are guided by certain rules and regulations. Ours is to advise according to our engagement.

Finally, in terms of preparedness, the Ministry is ready. If it is not adequately provided for, we, as a Committee, will look into that and make sure that wherever Kenyans are, they are safe.

Next order.

- THAT, this House approves the Report of the Mediation Committee on the Environmental Management and Coordination (Amendment) Bill (National Assembly Bill No. 31 of 2014) pursuant to Standing Order No.155 laid on the Table of the House on Thursday, 21st May, 2015. Mr. Temporary Speaker, Sir, first of all, allow me to thank the Speaker for appointing me to this particular Committee. The Mediation Committee on the Environmental Management and Coordination (Amendment) Bill (National Assembly Bill No. 31 of 2014) , was constituted by the Speaker of the National Assembly pursuant to Standing Order No. 141 (2) of the National Assembly Standing Orders and the Speaker of the Senate on 29th April, 2015 and 6th May, 2015, respectively.

The Members of the Committee were:-

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. As you can see, I have a very able Vice Chairperson as well as the membership in the Committee including the Senator for Kisii County, who was to second this Motion in case I was out. I would like to thank the Committee members from both the Senate and the National Assembly because the way we handled this mediation matter sets a very good history and precedence which I would like to recommend that this House and the National Assembly adopt. When we met, we did not even plan how we were going to look for the Chairperson of the Committee. The National Assembly Committee proposed that I Chair the Mediation Committee and went ahead to second.

After all is said and done, I requested that instead of us looking at these issues as the Senate and National Assembly, we raise ourselves above our egos and look at the issues at hand as Kenyan leaders by looking at the posterity of this law in light of Kenyans. That is what carried the day. We listened to the arguments from the National Assembly and gave them our arguments. We agreed to go for tea and reflect on all that

May 26th, 2015 SENATE DEBATES

Hon. Senators, the Mover has moved very well. On behalf of all other Senators, I commend the mediation team for doing a good job. It is good to carry on in that spirit. Any time we have a mediation team, we should look at this nation as one and people who love their county.

Hon. Senators, as the seconder has indicated, we have a constitutional deadline. So, I request that as I give a chance to those who wish to contribute, to please limit your contributions to two minutes. I will start with Sen. Obure.

Thank you, Mr. Temporary Speaker, Sir. I first thank Sen. Khaniri for a very clear and authoritative presentation, as well as for the good news which has been brought here, that an agreement has been reached and that we are now in a position to meet the deadline of 27th May 2015, in respect to this particular issue.

I also thank the Chairman of the Committee on Land and Natural Resources, Sen. Kivuti, for seconding this Motion and providing guidance in the proceedings that led to this agreement. I also thank the Speaker of the Senate for selecting a strong team of Senators to represent the Senate; people who understand the issues that were in contention and are familiar with the policies that guide issues of environment management. More importantly, they are committed and focused. This is the reason that we have been able to reach an agreement on these issues under contention.

Mr. Temporary Speaker, Sir, I agree with you entirely that we are all very impressed with the record time within which all the issues in dispute were resolved. I

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, I would like to support and appreciate the work that was done by this Committee especially within such a short time. They were able to put their issues together quickly and make a resolution. The report is very clear and very well articulated because it gives the position of the National Assembly, the Senate and the amalgamated position. It is also important to note that there was public participation. Therefore, the views of the public have been taken on board. I would like to congratulate Sen. Kivuti and Hon. Amina, who were the Chair and Vice Chair, respectively.

As Sen. Obure said, this is the way mediation committees should go. It is about the benefit that goes out there to Kenyans. It is not about the competition or the differences between the two Houses. It was very clear from the beginning that they had specific clauses which they needed to look at; that is, Clause 10, 20, 23 and 25. For each of this, they have been able to find a position.

For example, for Clause 10, the agreement is that the Attorney-General will be a member of this Board. Clause 20 stipulates that it is important to have somebody with demonstrated competence who will be appointed from the Council of Governors to the Board. They have also articulated in their report that they loop in the county governments. Therefore, they replaced one person who was nominated previously from a Non-Governmental Organisation (NGOs) to one from the county government.

Mr. Temporary Speaker, Sir, also the consensus that they were able to achieve at both Clause 23 and 25 enabled them to think about a time span that is going to be realistic in terms of coming up with plans and with the way they are going to be articulated. For example, within two years the authority is going to come up with an action plan. They have given themselves sufficient time and I am sure with the right representation, the right plans will be brought on board to further ensure that the mandate for which the Committee was put in place is working. The Act itself will be very important in serving Kenyans.

Lastly, they have also ensured that a report will go to the Cabinet Secretary. This will be important for incorporation into the National Environment Action Plan, not only at the county level but also at the national level. As I wind up, I wish to congratulate the Committee and wish that we continue in this light. We are in a bicameral system and that

Sen. (Dr.) Zani, you took a lot of time. If I give you two minutes, let it be two minutes please. We want to dispense with this Motion because of the constitutional deadlines. I can see that we have so many interests.

Please note that we have other Orders to deal with. Sen. M. Kajwang, you have two minutes.

- THAT, this House approves the Report of the Mediation Committee on the Environmental Management and Coordination (Amendment) Bill (National Assembly Bill No. 31 of 2014) pursuant to Standing Order No.155 laid on the Table of the House on Thursday, 21st May, 2015. Mr. Temporary Speaker, Sir, first of all, allow me to thank the Speaker for appointing me to this particular Committee. The Mediation Committee on the Environmental Management and Coordination (Amendment) Bill (National Assembly Bill No. 31 of 2014) , was constituted by the Speaker of the National Assembly pursuant to Standing Order No. 141 (2) of the National Assembly Standing Orders and the Speaker of the Senate on 29th April, 2015 and 6th May, 2015, respectively.

The Members of the Committee were:-

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. As you can see, I have a very able Vice Chairperson as well as the membership in the Committee including the Senator for Kisii County, who was to second this Motion in case I was out. I would like to thank the Committee members from both the Senate and the National Assembly because the way we handled this mediation matter sets a very good history and precedence which I would like to recommend that this House and the National Assembly adopt. When we met, we did not even plan how we were going to look for the Chairperson of the Committee. The National Assembly Committee proposed that I Chair the Mediation Committee and went ahead to second.

After all is said and done, I requested that instead of us looking at these issues as the Senate and National Assembly, we raise ourselves above our egos and look at the issues at hand as Kenyan leaders by looking at the posterity of this law in light of Kenyans. That is what carried the day. We listened to the arguments from the National Assembly and gave them our arguments. We agreed to go for tea and reflect on all that

May 26th, 2015 SENATE DEBATES

Hon. Senators, the Mover has moved very well. On behalf of all other Senators, I commend the mediation team for doing a good job. It is good to carry on in that spirit. Any time we have a mediation team, we should look at this nation as one and people who love their county.

Hon. Senators, as the seconder has indicated, we have a constitutional deadline. So, I request that as I give a chance to those who wish to contribute, to please limit your contributions to two minutes. I will start with Sen. Obure.

Thank you, Mr. Temporary Speaker, Sir. I first thank Sen. Khaniri for a very clear and authoritative presentation, as well as for the good news which has been brought here, that an agreement has been reached and that we are now in a position to meet the deadline of 27th May 2015, in respect to this particular issue.

I also thank the Chairman of the Committee on Land and Natural Resources, Sen. Kivuti, for seconding this Motion and providing guidance in the proceedings that led to this agreement. I also thank the Speaker of the Senate for selecting a strong team of Senators to represent the Senate; people who understand the issues that were in contention and are familiar with the policies that guide issues of environment management. More importantly, they are committed and focused. This is the reason that we have been able to reach an agreement on these issues under contention.

Mr. Temporary Speaker, Sir, I agree with you entirely that we are all very impressed with the record time within which all the issues in dispute were resolved. I

May 26th, 2015 SENATE DEBATES

You have done so well, Sen. Obure. Please, proceed Sen. (Dr.) Zani

We do not need a Division. The Temporary Chairperson (Sen. Mositet) : That is why the Bars have not been drawn.

May 26th, 2015 SENATE DEBATES

Sen. (Dr.) Zani, you took a lot of time. If I give you two minutes, let it be two minutes please. We want to dispense with this Motion because of the constitutional deadlines. I can see that we have so many interests.

Please note that we have other Orders to deal with. Sen. M. Kajwang, you have two minutes.

May 26th, 2015 SENATE DEBATES

Sen. Khaniri, there is a way we enter the Chamber. You have to go back and do the right thing.

AYES: 24 NOES: Nil. ABSTENTIONS: Nil.

Mr. Temporary Speaker, Sir, I want to thank the members of my Committee, through the Chair and the Vice Chair, who is here, Sen. Khaniri, for the wonderful job they did. I appreciate the fact that they had diverse opinions in terms of what they believe in this Bill. They reached an agreement and today, we have a Bill.

May 26th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, I am happy to report that I was one of the Members of the mediation Committee. I want to report that we did it harmoniously. We exchanged our issues and I stand here to congratulate the Chairman, Sen. Kivuti, and the Vice Chair, who is also the Chairperson in the National Assembly. I want to thank them for the wonderful work they did.

With those few remarks, I beg to support.

May 26th, 2015 SENATE DEBATES

Draw the Bars. Hon. Senators, please, provide the tellers so that we can begin voting.

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

That is why the Bars have not been drawn.

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

AYES: 24 NOES: Nil. ABSTENTIONS: Nil.

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. Let me start by congratulating Sen. Sijeny for the effort she put into formulating this Bill and the passion she showed, putting into account that we are talking about nearly 52 per cent of women who most of the time carry these issues, but not forgetting that men are also involved in one way or another. This is because, when there is a family that is missing a child, then it affects both the man and the woman. So, we are talking about a big proportion that is going to be touched by this Bill.

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

Mr. Temporary Speaker, Sir, I want to start by appreciating and thanking Sen. Sijeny for her work on this Bill. She has managed to put together this very complex Bill. I know she has worked very hard and I also know that this is the product of great commitment, great focus and determination. The objectives of this Bill are very clear; to provide a framework for advancement of reproductive health rights. I think we need that kind of legal framework that promotes, protects and advances reproductive health rights.

Another function is to promote women’s health and safe motherhood. That is a very noble object. At the end of the day, we expect to see a reduction in maternal and child mortality rates. That is something that we all look forward to. More importantly, it will ensure access to quality and comprehensive health services for all. Again, that is a very desirable objective. I have looked at this Bill and I am convinced that it is consistent with the word and spirit of the Constitution.

It, therefore, requires the total support of all of us. Broadly speaking, it will provide a legal framework or a basis for improved health care particularly for women. This Bill is about responsible and safe motherhood, improving overall reproductive health services and, generally, provides a framework for health care services. I see nothing wrong with this Bill.

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. Let me start by looking at Section 3 of this Bill which talks about the objects and purposes. I wonder whether reproductive health or rights are only for women. The first object says: “Provide a framework for protection and advancement of reproductive and health rights for the women.” I need to be corrected on this so that we are clear that reproductive health and rights do not only apply to women but to all equally.

Having said that, let me talk about four things that every leader must take a position on. One is abortion. As a leader, you either support it or not. Two, is on same sex marriage. You either support it or you do not; you cannot afford to be a watermelon on that. The third one is contraception and you either support it or not. The final one is the family unit.

Mr. Temporary Speaker, Sir, this Bill has attempted to address some of these issues that I have talked about. From an ideological position, the first issue that I have talked about on abortion is very clear in the Constitution. On the right to life in Article 26 of the Constitution, it says:

“Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other law.” I would not wish this to be the law that permits abortion in this country.

May 26th, 2015 SENATE DEBATES

Order! You will have 11 minutes to contribute tomorrow.

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

Bw. Naibu Spika, ninasimama nikiwa nina shukrani nyingi sana, kwanza kwa---

Order Sen. Muthama, just take your seat for one minute. I have received a very important message that cannot wait until you finish your contribution.

May 26th, 2015 SENATE DEBATES

May 26th, 2015 SENATE DEBATES

On a point of order, Mr. Temporary Speaker, Sir. I thank you for that most important Communication. How unfortunate that the “Lower House” is virtually precipitating a crisis in this country. Where were they all these months? Now, they have brought the Bill here too late, and without realizing the importance of timelines, they are treating it casually. How on earth can a Committee work and possibly present a report in time that is meaningful to beat the deadline? We would like the Speaker of the Senate to move an extra mile and ensure that such things are avoided in future.

Thank you for that comment. Let me also remind you that it is not the whole Bill that has been rejected, but attention should be drawn only to Clauses 5, 11, 19, 24, 32 and 39. God forbid that this had to happen. This is derogatory. It is an abuse to the Senate. I completely agree with your concern and comment on this matter. The people of this country should take note of the mischief with which the “Lower House” treats the Senate.

Proceed, Sen. Muthama.

Mr. Temporary Speaker, Sir, just to ride on what you have communicated; one, the time is not there. It is not just by coincidence that this Message is communicated to the Senate at this hour. It was a deliberate effort to make sure that we act under total harassment to meet the deadline. If you look at the time given for the Members to sit down and negotiate, it is very short.

Secondly, it is very clear that such appointments must meet the requirements of the Constitution. If you look at the names, you will realise that there is no gender balance. Members have been picked from one gender and it is being done deliberately so that there is confusion. They want us to cite the lack of gender considerations and send it back, yet time is running out. The National Assembly is driving this country into a crisis.

This House does not consider political affiliation when transacting business, but there is division along political party lines in the National Assembly. I want to urge those who have been shying away, especially the Jubilee Coalition, from the constitutional amendment that we are proposing, as the CORD Coalition, to empower this House, to be

May 26th, 2015 SENATE DEBATES

Order! Order! Please, continue with your contribution to the Bill by Sen. Sijeny.

Mr. Temporary Speaker, Sir, I had just started my contribution in Kiswahili and now I have spoken in English.

Order! You must continue in Kiswahili.

Bw. Spika wa Muda, ningependa kumshukuru Sen. Sijeny kwa kuleta Mswada huu katika Seneti hii. Mswada huu ni muhimu sana kwa sababu unazungumzia maswala ambayo yanahitajika katika taifa letu, haswa katika ukurasa wa

Order! You will have 11 minutes to contribute tomorrow.

Hon. Senators, it is now time to interrupt the business of the Senate. This House, therefore, stands adjourned until tomorrow, Wednesday, 27th May, 2015, at 2.30 p.m.

The Senate rose at 6.30 p.m.