May 3rd, 2016 SENATE DEBATES

Tuesday, 3rd May, 2016

Order, Members. I have a communication on the visiting delegation from Homa Bay County Assembly on attachment at the Senate.

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of visiting staff from Homa Bay County Assembly. The County Assembly staff is here on a four-day attachment visit to the Senate. I request each member of the delegation to stand when called out, so that they may be acknowledged in the usual Senate tradition.

They are:-

Mr. Speaker, Sir, thank you very much for the kind words you have expressed in welcoming the delegation from Homa Bay County Assembly. As you know, these are my neighbours. I am aware that Homa Bay County is doing a wonderful job in actualizing devolution. I am sure that will not have happened without the support of the staff.

May 3rd, 2016 SENATE DEBATES

Mr. Speaker, Sir, I also thank you very much for allowing and facilitating the benchmarking visit to the Senate by staff from Homa Bay County Assembly; other county assemblies should emulate what Homa Bay County Assembly has done. It is cheaper to do it here than to go overseas. As you know very well, the country is going through a lot of cash-flow constraints. I also thank the Governor for opting to take the route to benchmark locally here in Kenya.

Next Order!

Vice Chairperson of the Standing Committee on Land and Natural Resources, Sen. Khaniri.

Mr. Speaker, Sir, on behalf of the Committee on Land and Natural Resources, I beg to lay the following Paper on the Table of the Senate, today, Tuesday, 3rd May, 2016;

Report of the Standing Committee on Land and Natural Resources on Examination of Petition on Heavy Blasting and Dust from a Quarry near Taru Trading Centre in Kinango Sub-County of Kwale County.

Mr. Speaker, Sir, I seek your indulgence. We did not meet the prerequisite 60 days due to various reasons. We had very many witnesses to summon and we also had to visit the site. So, we went beyond the stipulated period of 60 days that is provided for in our Constitution. We seek your indulgence and the indulgence of the House.

Thank you.

Next Order!

Where is the Chairperson, Committee on Energy? Sen. Mwakulegwa, you are the Vice Chairperson of that Committee.

Thank you, Mr. Speaker, Sir. The Senator for Samburu, Sen. Leshore, had requested for a Statement on compensation of land owners affected by the

May 3rd, 2016 SENATE DEBATES

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I would like the Vice Chairperson to clarify two issues. How soon are they going to compensate the 46 land owners? It is over three years now since they started negotiating and we are not seeing anything coming out of that.

Secondly, what about the transmission line from Marsabit passing through Wamba to Laikipia and Longonot? How many families or group ranches have you identified for compensation?

Mr. Speaker, Sir, further, could the Vice Chairperson reveal how much was paid per acre and if there were various payment modules per acre from Loiyangalani to Suswa, so that we see the variation? If there is a variation, why is that so? This is because the line is only one.

The same scenario is replicated in the line from Turkwel to Lodwar and from Turkwel to Kitale. We would want to know whether you are compensating the people appropriately or there is some oppression of some kind.

Mr. Speaker, Sir, we are told that 13 people are absentee landlords and that some advertisements were put in the papers. We know that most nomadic communities do not have access to newspapers but they have chiefs and assistant chiefs. If they are known, why can this information not be given to chiefs and assistant chiefs so that they can trace these people wherever they are?

May 3rd, 2016 SENATE DEBATES

Mr. Speaker, Sir, could the Vice Chairperson also tell us the criteria which KETRACO uses to arrive at how much to pay per acre? I am asking this question, because the same line which is coming from Loiyiangalani to Suswa also passes through Nyandarua County and there have been a lot of problems. Sometimes they arbitrarily decide to pay Kshs30,000 for a parcel of land and another, Kshs200,000. After a lot of negotiations, they never came up with precisely what the criteria is.

Can the Government, through KETRACO, propose a law like other countries have, to stop these arguments that come up every time there is a line passing through somewhere?

Vice Chairperson, could you respond?

Mr. Speaker, Sir, the first one was when the compensation will be paid as requested by Sen. Leshore. The compensation is budgeted for 2016/2017 Financial Year.

In terms of the compensation on the Marsabit-Wamba line that goes through the group ranches, this was not part of the Statement that was requested. This is a new request. Therefore, now that he has put this request, I will go back to the Ministry and I am sure they will provide that information very soon.

There was a request on how much was paid per acre. I have actually provided Sen. Leshore with the list of all the 67, acreage and the amount of money that was paid. Therefore, if one wants to peruse, the list is available. It shows how much has been paid to each individual.

On a point of order, Mr. Speaker, Sir. If you can read the first Statement, the request for a Statement on compensation of land owners affected by KETRACO in Samburu County are not mentioned in any line. I know there are two lines but the Vice Chairperson is telling me that there is only one line.

Mr. Speaker, Sir, according to the Statement sought, it was very clear – Loiyangalani and Suswa. Therefore, it was not captured in the Statement that was requested from the Ministry of Energy. I have undertaken – now that he wants a Statement for details of Marsabit to Wamba to Suswa – to provide that in the next two weeks because that is a new question. I am ready to provide that information. If it is available, I could even provide next week but I am saying two weeks so that I give the Ministry of Energy adequate time for them to give me details like what they have given me.

In terms of how much the compensation will be undertaken between Turkwel and Kitale, as I said, this was not part of the original request, but now that you have requested, as I give the supplementary information, I will also be able to put that request but this is a new request and I was not prepared to tell you how much compensation will be given out between Turkwel and Kitale.

Mr. Speaker, Sir, in terms of the suggestions made by Sen. Haji, this advertisement was done three weeks ago and the administration was informed. That is why I am saying they have gone on identifying the land owners in question. To the remaining ones, I could give an update to Sen. Leshore on how many have been identified so far since the answer to this question came about a month ago. So, I can

May 3rd, 2016 SENATE DEBATES

Mr. Speaker, Sir, I think the Chairman is trying and I complement him. But the issue of value of land from one area to another is not exactly the issue at hand. As I said, this line also passes through Nyandarua County and they came and employed their valuer and our local valuer. But the figures, even after establishing that in this area land costs, say like Kshs1 million, they still come and offer you Kshs330,000 per acre. It is not the value they are using but they seem to have other criteria. That is the one I am trying to pressurize the Chairman to tell the House in as much as they will come up with a law to streamline it.

Mr. Speaker, Sir, the Chairman is not handling the bit I asked. He should just tabulate and tell us how much it costs per acre. It is essential because some areas starting from the point we want to bring the power from are being oppressed. Some are given almost zero compensation. So, it is important that since your line does not change color or size, you should pay a standard figure. If Ngong is the standard measure per acre, the whole country should be the same because you will now have some minerals in Samburu County that you should anticipate in advance.

Order Sen. (Prof.) Lonyangapuo! Do not attempt to answer the statement. Wait for the Chairperson.

Mr. Speaker, Sir, I had already answered this by saying that in two weeks’ time I will provide the answer and the details for Turkwel and Kitale. It is not right to request me to do it again when I had already said I will provide the details in two weeks’ time. What the Senator is trying to make me say is this much; I do not have an answer and I am not a surveyor. What I said is that I have already provided a list of all 67 land owners to Sen. Leshore. Therefore, if the Senator wants to see how much was paid per acre, the list is there.

Thank you.

But I hope in the supplementary information sought by Sen. Leshore, you will remember it is Marsabit, Wamba, Laikipia and Suswa. That is just for your information.

Statement 2 (b) , by mutual consent, will appear on the order paper next week.

May 3rd, 2016 SENATE DEBATES

Mr. Speaker, Sir, I am sorry, we agreed that I was not going to answer but all the same, since you have picked on me, we do not have this statement. We need more time to pursue the relevant Ministry so that we get it.

Thank you, Mr. Speaker, Sir, for the opportunity. I want to register my disappointment. When I am raising these statements, it is the issue of equal opportunity. Other statements are given out but when it comes to issues affecting people with disabilities, it takes a longer time. So, the Committee should give the response in two weeks’ time. I am not comfortable with the Chair’s response.

Mr. Speaker, Sir, I do not think there is any discrimination but as we all know, ministries are slow in responding to statements that we send to them. Any way, we will try our best. She is very gracious by giving us two weeks. We will try our best to get the answer.

But Sen. Haji, I want to agree with Sen. Omondi. When you are already disadvantaged, any prolonged or delayed response is like adding insult to injury. So, you need to deal with it with speed. So, two weeks time is so ordered.

Next Statement 2 (d) ! Education Committee Chairman, Sen. Karaba!

Mr. Speaker, Sir, I have been trying to get the answer to this statement, but any time I am in the office, I am told they are not ready. So, I have been promised to wait until tomorrow. Right now, I am from the office and they are telling me it has to be signed by the Cabinet Secretary (CS) .

Thank you, Mr. Speaker, Sir. History will repeat itself and it is just a confirmation that another statement has no answer. There is no seriousness.

Mr. Speaker, Sir, I want to request that if by tomorrow there is no response, then the Chairman should step down and summon the CS to come and give us the response.

Sen. Karaba.

Mr. Speaker, Sir, that is a tall order. We only serve these questions to the Cabinet Secretary. Although it is our responsibility to make sure that we get a response, when you go to their offices, you will find they are not ready. We need to come up with a way forward as to what happens when a Cabinet Secretary fails to answer questions; it is not our fault. My responsibility is to read the statements when they come

May 3rd, 2016 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. Did you hear Sen. Karaba say that his duty is only to read a statement that comes here? He should withdraw and apologize, because the work of a Chairman of a Committee is not just to read statements in this House. He has a big duty to this House as a Chairman of a Committee. He must interrogate an answer, decide whether it is correct and then give it to the House; not to just read what is given to him.

Order, Sen. Kembi-Gitura. You are even more charitable to him. He actually said that he can read anything. That worried me more.

On a point of order, Mr. Speaker, Sir. This is a matter of concern to me and I am following it keenly. When Sen. Karaba says that it is the duty of Chairpersons of Committees to read statements, is he referring to only the statements on issues of disability or all statements that come to this House?

On a point of order, Mr. Speaker, Sir. Is it in order for the Chairman of the Committee on Education to feign ignorance? The Chairman knows well that he has all the instruments under the Constitution. Articles 125 and 153 (3) give him the powers to summon the Cabinet Secretary. There is a recourse that the Chairman can take and he knows that other committees have invoked these particular provisions of the Constitution. Is he in order to feign ignorance?

On a point of order, Mr. Speaker, Sir. Is the Chairman in order to suggest that his mandate is to read anything that is given to him?

Sen. Karaba, what do you have to say?

Mr. Speaker, Sir, I am trying to follow this matter seriously. As I indicated earlier, I have been to the offices of the Ministry to make sure that these answers come to the House. Unfortunately, I was not able to get the answers from the Cabinet Secretary. I am pleading with my friend, Sen. Omondi, that I will go there tomorrow and make sure that the answers are availed. If they will not be available, then we will summon the CS. That is what I meant.

Normally, as soon as we get the statements, we sit with my Committee and go through the answers given. If we find that they are not satisfactory, we ask for more information. That is what happens; I am very informed about the system.

Mr. Speaker, Sir, now that the Chairman has not responded to any of the points of order that were raised by Members, I rise under Standing Order No. 110 (1) (i) to indicate that he has acted in a manner that is seriously detrimental to the dignity or orderly procedure of the Senate. Could you rule him out of order and take the necessary steps that the Standing Order prescribes?

Mr. Speaker, Sir, indeed, the Chairman is obliged to respond to the valid points of order that were raised by various Members. In particular, I refer the Chairman to Article 153 (3) of the Constitution, which is express and explicit that:-

May 3rd, 2016 SENATE DEBATES

Mr. Speaker, Sir, I have worked with my Chairman because I am a Member of the Committee. I heard him request that he be given until tomorrow to bring the statement and if he fails to get it, then punitive measures such as summoning will follow. I do not understand why Members are bitter with my Chairman.

Order, Sen. Okong’o. Are you admitting that there is contributory negligence?

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

What is it, Sen. Omondi? You need to also learn to use the technology. My screen here is blank.

Mr. Speaker, Sir, I am expecting another response to my Statement 2 (e) from the Chairperson for the Committee on Education.

Order, Sen. Omondi. You are not following. When the Chairperson was responding to Statement (d) , he said that he does not have an answer for Statement (e) . When I was telling the Chairperson to bring the answers, I also said it applies to Statement (e) . Obviously, you were not following and for all the reasons stated, they do not need to be repeated.

We proceed to Statement (f) .

May 3rd, 2016 SENATE DEBATES

Mr. Speaker, Sir, notwithstanding that the Senator who requested for the statement is not here, I am sorry to say that I do not have a response to the statement but we will try to answer it in a week’s time.

When will we get a response?

In two weeks’ time.

It cannot be two weeks because it is not a new statement.

At most, it will be one week although it might be earlier.

I direct that you bring a response by Thursday this week. Next statement is by the Committee on Health.

Mr. Speaker, Sir, I notice both my Chairman and the Vice- Chairperson are not here but I am aware that by the end of last week, the Chairman was struggling to get an answer. If you could allow, we could bring the answer before the end of this week.

On a point of order, Mr. Speaker, Sir. Did you hear Sen. (Prof.) Lesan saying that the Chairman was struggling? How do you struggle when you are doing your duty? Are you confessing that you are incompetent because the terminology “struggling” means you are unable to work?

On a point of order, Mr. Speaker, Sir. Is it in order for the two professors to engage in such a language that we do not even understand?

I may not answer for them but I would imagine that since you do not belong to that title, it is probable that you may not understand them.

Mr. Speaker, Sir, I just used that terminology because it is a big task to get answers to these questions on time. We get the answers but it takes time. It is like a bit of strain to do that so the word “struggle” refers to the difficulty encountered in trying to get the answers. Otherwise, it is simple English and I do not understand why my colleague professor does not understand it.

Mr. Speaker, Sir, I am most obliged but the Senator should be specific. He is thinking about Thursday or any other day.

As I said, we will try to get the answer here on Thursday afternoon.

It is so directed. Sen. (Prof.) Lesan, if you see your Chairman struggling, it means that he requires your assistance.

The next statement is 2 (h) , proceed, Sen. Haji.

May 3rd, 2016 SENATE DEBATES

Mr. Speaker, Sir, I beg to be excused again. We do not have a response to this statement but we will endeavor to get it by Thursday next week, God willing.

Mr. Speaker, Sir, this statement was due today and it touches on the lives of many people of northern Kenya and the North Rift. This has to do with compensation and the people of those counties are waiting for the response. Remember, the post-election victims were paid very fast but these ones have suffered since 1963.

Mr. Speaker, Sir, I am a worried man considering the tradition and trends of events today. Is there a conspiracy from the Jubilee Government to derail issuing statements in this House? We seek answers from the Government but with the trend of events today and in the past few days--- I am just asking that question and we need to be told what is happening.

On a point of order, Mr. Speaker, Sir. Is it in order for Sen. Okong’o to impute that every Chairperson of the Committee is from the Jubilee Government yet we know that some of them are from CORD? Have they been magnanimous despite having majority in committees?

On a point of order, Mr. Speaker, Sir. Is it in order for Sen. Okong’o to continue creating despondency in this House? Sen. Mwazo Mwakulegwa, a very respected member of your coalition has just given a very comprehensive answer which he got from the Jubilee Government. So, it is not right for a Member to make castigations based on nothing. I was here listening to his answer in very good terms and I dare say that it came from the Jubilee Government.

On a point of order, Mr. Speaker, Sir. Based on what Sen. Kembi- Gitura has said, can it be possible that the Cabinet Secretaries are sabotaging chairmen from Jubilee parties. It appears that only Committee Chairs from the CORD side are getting answers but those of us who are hardworking are not getting any?

Order, Sen. Sang. I think that was the most surprising of all of them.

Mr. Speaker, Sir, all these responses are provided by the Jubilee Government regardless of where there chairperson is affiliated to. In this particular case today, it seems that chairpersons belonging to the Jubilee side have been unable to give responses. Could an inquiry be established to find out whether there is sabotage going on somewhere?

On a point of order, Mr. Speaker, Sir. Is it in order for Sen. Kembi-Gitura, Sen. Sang and Sen. Wangari to struggle to exonerate the obvious situation in the House today; that Jubilee chairpersons have failed to respond to any question on the Floor of this House?

Mr. Speaker, Sir, we are not aware of any conspiracy. My guess is that due to the recent retreat of all Cabinet Secretaries and the Huruma incident, maybe the response is ready but it requires his signature and he must have been out and very busy. In spite of that, we shall try everything possible to get the statement by Thursday next week.

May 3rd, 2016 SENATE DEBATES

Sen. Haji, you know you are a senior citizen of the Republic and having occupied all those positions, you know that you can be in a retreat and work is being done, you can be at the site and work is going on. The document can get you wherever you are for a signature and even these days, we have the electronic signature. So, do not try to defend the indefensible.

Mr. Speaker, Sir, I was not trying to defend the indefensible and I have been a Minister myself and I do recall that occasionally, papers were brought on my desk and they remained there for some days. Nevertheless, we will do everything possible to bring the response by Thursday next week.

The House must take the Executive to task because this is not a matter of wishful thinking. This House represents people and all sovereign power is derived from the people and the rest of us are just servants so we must act accordingly.

That is the end of Statement Hour.

On a point of order, Mr. Speaker, Sir. You will recall that last week I sought a statement on the ongoing health crisis in Nandi County that has led to the closure of all health facilities in Nandi County. This is the fifth week since the facilities closed down. I sought a statement from the chairperson of the Committee on Health. One of the components was to be responded to today in terms of the Senate Committee intervening to mediate between the county executive and the union of nurses. That is due today.

I actually remember that kind of conversation. The statement was split into segments for purposes of expediting. Where is the Chairperson, Vice-Chairperson or any Member of the Committee?

I was not in the House last time when this issue was raised but I am aware that the Chair of the Committee on Health, Sen. (Dr.) Kuti, spent part of his weekend addressing this issue. Unfortunately, I am unable to report to the House the results of these efforts. I really do not have much to report because this is an effort that the Chairman was making before bringing it to the Committee for discussion.

On a point of order, Mr. Speaker, Sir. I would like to add to what Sen. (Prof.) Lesan has said. The Committee secretariat was trying to summon the person in charge of the health docket in that county and the Governor to appear before the Committee, if possible, tomorrow. That is where we have reached so far.

On a point of order, Mr. Speaker, Sir. We are dealing with an emergency of 900,000 people in Nandi County. Their health is at stake and you directed that the matter should be expedited. There is no programme or duty roster for sickness. Is it in order for the Committee to treat this issue as just any other business in this House? I expected them to tell us that they went to Nandi County and summoned the Governor so that they can take him to Kapsabet Hospital. They are now saying that they

May 3rd, 2016 SENATE DEBATES

Mr. Speaker, Sir, it is sad to hear what Sen. (Prof.) Lesan and Sen. (Dr.) Machage have shared with this House today. When I sought this Statement last week, we agreed that we divide the question into two parts so that we focus on one aspect relating to the Committee that was to mediate on the crisis in Nandi County. This is an emergency. Out of the 47 counties, there is none that has ever had its health facilities completely shut down for four weeks. This is the fifth week. The people of Nandi County are left with no other option other than the Senate. They think that the Senate is the only institution that will step in to help them sort out this crisis.

I have taken the trouble myself to talk to the Kenya National Union of Nurses (KNUN) who are willing to go back to work, but the county executive has refused to engage them. Therefore, when I bring this Statement to the Senate and the Committee on Health seems to take the same line as the county executive by taking their sweet time, where will the people of Nandi County find refuge if the institution that is their only hope takes one-and-half weeks to respond to this issue?

Mr. Speaker, Sir, I requested that the Speaker’s office facilitates that Committee and you directed that it was possible. It is, therefore, sad to see that there is no response yet. I request that the Committee appreciates the position that they hold; they hold the lives of people of Nandi County in their hands. They should, therefore, expedite this process so that health facilities in Nandi County can be up and running in the shortest time possible.

Mr. Speaker, Sir, Kericho County is a neighbour to Nandi County. Therefore, we have felt first-hand the burden of the residents of Nandi County having to travel all the way to Kericho to seek medical attention. I was at home over the weekend and met a couple of people from Nandi County seeking treatment. Therefore, I know how difficult it is for the residents of Nandi County during this time that the strike is ongoing. We are all aware that issues of health cannot be postponed or taken casually. In my opinion, the Committee on Health has treated this matter casually.

Allow me to call people who do not support the work of the Senate “enemies of the Senate” for advancing the theory that this House is not useful to the economy of this country. Therefore, I find it wrong when our Committees give such naysayers ammunition to attack us. I would expect that in such a situation, our Committee would swing into action and find a solution. That way, we would prove to people that the Senate has a place in this country and that we are the protectors and custodians of devolution and that we are ready to resolve issues whenever they arise. I, therefore, plead that the Committee on Health be directed to do its work diligently to avert the crisis that the people of Nandi County are facing.

Mr. Speaker, Sir, as much as the Committee on Healthy appreciates the magnitude of the problem and sympathizes with the people of Nandi County, the order was made on Thursday last week. There was a weekend in between and yesterday was a public holiday. In any case, we have summoned the relevant persons. I am aware that we can invoke Article 125 of the Constitution but we have just heard about

May 3rd, 2016 SENATE DEBATES

Mr. Speaker, Sir, I would like to correct the impression created by Sen. (Dr.) Machage that the Statement was requested on Thursday when it was actually requested on Tuesday. The direction was that the Committee should respond by Tuesday, which is today. All in all, the two Senators have been useful.

I would like to report that there is a court order that was issued in Nakuru today. Therefore, in suggesting a way forward, the Industrial Court in Nakuru directed that the industrial action be suspended for three weeks and that there should be no victimization of staff.

In the three weeks period, the county government and the KNUN are required to registeran agreement with the court. I, therefore, request that the Committee on Health within the intervening period ensures that they work with the executive and the KNUN to ensure that the court order is implemented even as they pursue to address those issues. With the implementation of that court order, the people of Nandi County will have the health facilities up and running. I, therefore, request the Committee on Health to help us in intervening and ensuring that the direction of the court is implemented. That will give us temporary reprieve.

On a point of order, Mr. Speaker, Sir. Is Sen. Sang in order to suggest that Senators are agents of the implementation of court orders?

Order Sen. (Dr.) Machage! The absence of the Chairperson and the Vice Chairperson of the Committee on Health does not exonerate the rest from responsibility. This is an issue directed to the Committee. The Chairperson is just a spokesperson. Sen. (Prof.) Lesan and Sen. (Dr.) Machage have demonstrated the depth of their involvement in this matter. The House expects you to take it to the next level and make sure that you make the necessary interventions and use the powers that you have, especially since Sen. (Dr.) Machage wants to apply those powers to other committees. There is no better situation than in his own Committee. I directed that a response be issued in the House on Thursday this week.

Mr. Speaker, Sir, I am in communication with the Chairperson of the Committee who is dealing with this issue. Given the latest information that has been given by Sen. Sang, we will give a way forward on this issue on Thursday.

It is so ordered. I believe that the Committee appreciates the gravity of this problem. That is the end of Statement Hour.

Next Order!

May 3rd, 2016 SENATE DEBATES

- That, the Bill be amended be amended by insetting the following clause immediately after Clause 4-

4ASection 36 of the principal Act is amended by deleting subsection (2) and substituting therefor the following new subsection-

May 3rd, 2016 SENATE DEBATES

Mr. Temporary Chairperson, pursuant to Standing Order No.139, I beg to move that the Committee do report progress to the Senate on its consideration of The Universities (Amendment) Bill (Senate Bill No.31 of 2014) and seek leave to sit again tomorrow.

Proceed, Chairperson.

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered The Universities (Amendment) Bill (Senate Bill No.31 of 2014) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Sen. Karaba to second.

Sen. Karaba seconded.

Next order.

May 3rd, 2016 SENATE DEBATES

The Temporary Chairperson (

Hon. Senators, we are looking at Order No.9; Committee of the Whole: The County Assembly Services Bill (Senate Bill No. 27 of 2014).

Mr. Deputy Chairperson, Sir, pursuant to Standing Order 139, I beg to move that the Committee do report progress to the Senate on its consideration of the County Assembly Services Bill (Senate Bill No. 27 of 2014) .

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Assembly Services Bill (Senate Bill No. 27 of 2014) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report.

Sen. M. Kajwang seconded

We will defer Order Nos.10 and 11.

May 3rd, 2016 SENATE DEBATES

On a point of order, Mr. Temporary Speaker, Sir. I propose that we proceed with Order No.11 because it has been on the Order Paper for a very long time. It is a very short amendment.

Sen. Dullo, some bit of paperwork is needed to facilitate that.

On a point of order, Mr. Temporary Speaker, Sir. I want to be on record about the conduct of business this afternoon. I want you to instruct your office to make sure that they are ready always before the commencement of business of this House. That way, we can execute our duties, not only diligently but effectively and on time.

That is noted. Clearly, the Committee was ready to proceed with Order No.9, but the necessary paperwork and facilitation appears not to be ready. Again, on Order No.11, the Committee is ready, but it appears that the Secretariat is not ready. That is a concern that must be addressed. When we have business on the Order Paper and the Committees are notified of the same, and then at the time of prosecuting the business, we are told that the necessary paperwork is not available, that is quite unfortunate.

I direct that the Secretariat must and should always be ready to prosecute business appearing on the Order Paper. This should never have been the case.

This is resumption of debate interrupted on Wednesday, 27th April, 2016. Since Sen. Wako had concluded his contribution, debate is now open.

May 3rd, 2016 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir. I wish to support this amendment to the Persons with Disabilities Act. This amendment is fairly straight forward. We are trying to make it mandatory that any institution that offers services to citizens shall make sure that those services are offered in a manner that makes it friendly and accessible to persons with disabilities. We are going further to define the official language for the deaf in Kenya as Kenyan Sign Language.

Article 7 of our Constitution talks about national, official and other languages. In as much as it defines English and Kiswahili, it goes ahead and states that the state shall promote the development and use of indigenous languages, Kenya Sign Language, braille and other communication formats and technologies accessible to persons with disabilities. This amendment, therefore, gives life to that particular provision under Article 7 of the Constitution.

This amendment came through a Committee that I sit in, that is, the Joint Parliamentary Committee on National Cohesion and Equal Opportunity. When we were considering this Bill, we took the opportunity to have a meeting with some public officers, whose job is to ensure that buildings that are put up in this country adhere to certain standards. Sometimes we like to put a lot of legislation even when there are already sufficient standards and guidelines that are capable of taking care of some of these situations. When we interrogated what the building code contains, we realized that this nation has got planning and building regulations, last done in 2009. These are planning and building regulations that are in force.

There are almost eleven regulations - from Regulation BB87 all the way to Regulation BB98 – that are already in force and talk about access to public facilities by persons with disabilities, yet they are not being enforced. Regulation BB87 indicates that buildings must be planned for use by persons with disabilities; Regulation BB88 talks about initial access for persons with disabilities; Regulation BB89 talks about ramps for persons with disabilities; Regulation BB90 talks about dropped kerbs for persons with disabilities; Regulations BB91 talks about lifts for persons with disabilities; Regulations BB92 talks about corridors and lobbies for persons with disabilities and Regulation BB94 talks about water closet cubicles for persons with disabilities.

This amendment does not just say that persons with disabilities should be able to access these buildings; it must go further. Something as important as a water closet cubicle for persons with disabilities--- You could have created a ramp to allow persons with physical disabilities and persons on wheelchairs to get into the building, but they might not be able to access a water closet cubicle and some of the facilities that give them dignity.

We already have regulations that talk about rooms for persons with disabilities. In fact, it is interesting to note that a hotel with 100 or more guestrooms shall provide not less than two guest rooms with full facilities for persons with disabilities and a further room for every complete 100 guestrooms in excess of 200. These regulations are there. We went beyond the Planning and Buildings Regulations 2009. We met officials from the Kenya Bureau of Standards, which has come up with certain accessibility standards known as ISO21542. These standards talk about accessibility and usability of the built environment.

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May 3rd, 2016 SENATE DEBATES

May 3rd, 2016 SENATE DEBATES

Bw. Spika wa Muda, asante kwa kunipa nafasi kutoa mawazo yangu kuhusu Mswada huu wa kurekebisha Katiba kuhusu wasio na uwezo katika jamii yetu. Ni kudra ya Mungu kuzaliwa ukiwa na uwezo au kuzaliwa kilema. Mtu yeyote anaweza kuzaliwa akiwa mzima na kujipata amelemaa kutokana na ugonjwa, ajali au maumbile yake. Kwa hivyo, hata wale ambao wana uwezo wasije wakaringa kwa sababu wao pia wanaweza kujipata katika kundi la walemavu. Ni kudra ya Mungu mtu kuishi na kumaliza miaka yake bila kulemaa. Mungu akikubariki uishi hadi uzee wako, huenda ukapofuka, ukawa kiziwi au upate shida ya miguu kwa sababu ya uzee. Hapo utakuwa umelemaa.Kwa hivyo, lazima tujue kwamba mtu yeyote anaweza kujipata katika hali hiyo wakati wowote.

Kipengele 54 (1) katika Katiba yetu ya Kenya kinatoa haki kwa wale wasio na uwezo kamili kwa njia yoyote ile. Wao wana haki ya kujumuika na wengine, kutunzwa na kuangaliwa kwa heshima. Mazingira, lishe na makazi yao yanafaa kuazingatiwa. Wanafaa kuishi kwa heshima.

Mswada huu unapendekeza vigezo vya kamati au halmashauri ambayo itasimamiwa na wasio na uwezo. Kamati hiyo itajumuishwa kikamilifu na serikali za kaunti. Lengo ni kuhakikisha kuwa nafasi mwafaka ya wasio na uwezo kuwakilishwa kikamilifu imepatikana. Sheria hii itahakikisha kwamba kuna uwakilishaji wa wasio na uwezo kutoka mashinani hadi Serikali ya kitaifa. Hivyo basi, Mswada huu unalenga kuongeza Sehemu 2 (a) ambayo itatoa sheria na sera za kuwatunza wasio na uwezo, kuchunguza na kutangaza masilahi yao.

Sehemu 2 (b) inahitaji kuwe na uchunguzi kamili kujua kwa nini na kwa sababu gani watu hulemaa. Tukijua sababu, basi tutajua kinga.Hata hivyo, kuna sababu kadhaa zinazosababisha mtu kulemaa ambazo tunaelewa.Zingine ninaweza kuepukika. Hizi ni kama vile kutokuwa na zahanati za kutosha kwa kina mama kujifungua salama na kuzaa watoto wazima. Utapata kuwa wakati mwingine, mama hawezi kufanyiwa upasuaji au hakuna dakitari aliye na uwezo wa kujua kwamba mtoto ana shida. Kwa hivyo, utapata kuwa mtoto anazaliwa mbumbumbu, hali ambayo ingeepukwa.

Kuna hali zingine za kulemaza kama vile poliomyelitis. Chanjo kwa watoto wasiozidi miaka mitano imesisitizwa sana nchini. Ni wito wangu kwamba kila jamii iwapeleke watoto kupata chanjo.Najua kwamba kuna sera za dini zingine nchini ambazo zinawanyima watoto haki hii.

Bw. Spika wa Muda, sababu nyingine ni ajali. Kwanza, nipe nafasi nitoe rambirambi zangu kwa wale waliopoteza maisha yao huko Huruma kwa sababu ya uzembe wa mafundi, wahandisi na Serikali. Serikali iliruhusu ujenzi wa nyumba hafifu na kisha kuruhusu binadamu aishi ndani ya nyumba hiyo. Uzembe na ufidhuli ni mambo ambayo hayakubaliki kabisa.

Sheria hii itatupa uwezo wa kuchukua hatua ya kukabiliana na mambo kama hayo ambayo yanasababisha watu kulemaa. Sheria inasema kwamba walemavu wanapaswa

May 3rd, 2016 SENATE DEBATES

Thank you, Mr. Temporary Speaker, Sir, for giving me this chance to also rise and support this amendment. This is an issue that many of us at times treat so casually and lightly.Perhaps, we have not addressed ourselves properly to it over a period of time because we consider it a preserve of only the disabled. As leaders, I think we are challenged many times in our thoughts to reason or imagine ourselves not only as individuals but to see the county or the constituency that we represent in its entirety.

Last weekend, I attended a funeral service of a man who had lived his entire life of 80 years as a disabled person. When I read this Bill, the struggles that were shared by his children of what he underwent his entire life came into focus. May God bless the people who thought about this amendment, particularly the one that affects county governments and the establishment of these county committees for Persons with Disabilities (PWDs) .

It is my considered view that while at the national Government, we have very good laws that have been enacted about representation of PWDs, this remains a challenge in counties. There are certain counties, mine included, where the office of the governor is on the second or third floor. People with disabilities cannot access such buildings because they have no lifts. In such instances, you wonder what happens when a Member of the County Assembly (MCA) or representatives of PWDs want to have a meeting with the governor.

Mr. Temporary Speaker, Sir, it is only with the establishment of such committees that we shall highlight and encourage county governments to realise that they too are governments on their own. The way we domesticate international laws, I think they also should domesticate some of these national laws in their counties even without being prompted by Bills. It is really sad that it took the enactment of such proposals for some counties to consider that they need to have such bodies that exist within.

We know that even when it comes to business opportunities for PWDs, we have good laws. However, like it has been highlighted earlier by the Senator who spoke before me, we have never been short of good laws as a country. Where we fall short is on

May 3rd, 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, I rise to support the amendment to this very important Act which is touching on persons living with disabilities. This section of people has been forgotten for a long time, yet they exist in the Constitution.

The amendment is very clear because it is calling for two things: One is accessibility to services and formation of a body that will coordinate the activities of PWDs. It is also addressing the Kenyan sign language (KSL) . You know that the official language for the deaf in Kenya is the Kenyan Sign Language (KSL) . However, not everybody understands that. Information needs to be interpreted to the lower level so that we have it in Swahili, English and even vernacular so that PWDs can understand the information coming from the top.

This amendment is very important in that, when you read the Constitution Chapter 54 (1) , it says:-

“A person with any disability is entitled-

May 3rd, 2016 SENATE DEBATES

May 3rd, 2016 SENATE DEBATES

Thank you Mr. Temporary Speaker, Sir. I wish to add my voice to this particular Bill. I want to say that personally, I have worked with people living with disabilities for many years and I know it is an area that requires a lot of support. These people have a lot of challenges. It is long overdue for this amendment to have been carried, the reason being that it is now almost six years down the line since we had the Constitution in place and the Disability Act should have been amended.

Mr. Temporary Speaker, Sir, Article 54 (1) (a) is very clear in terms of this particular provision that requires amendment of the Act which reads:-

“A person with any disability is entitled to be treated with dignity and respect and to be addressed and referred to in a manner that is not demeaning.”

This is the reason why you will find people calling the disabled with so many funny names. In that way, they are supposed to be treated with dignity.

Article 54 (1) (b) reads:- “to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person.”

May 3rd, 2016 SENATE DEBATES

May 3rd, 2016 SENATE DEBATES

Sen. Madzayo Stewart Shadrack, the Senator for Kilifi County.

Bw. Spika wa Muda, asante kwa kuniita kwa majina hayo yote ambayo nayakubali kabisa. Asante kwa kunipa nafasi hii ili niweze kuchangia Mswada huu unaohusu walemavu. Kama tunavyojua, kila kinachozaliwa hakikosi kasoro.Wengine wetu tulibahatika kazaliwa bila ulemavu.Kuna watu walemavu katika familia nyingi katika taifa la Kenya.Ni lazima tukubali maumbile ya mwenyezi Mungu.

Kuna watu wanaozaliwa na ulemavu and wale wanaopata ulemavu kutokana na ajali mbalimbali. Tuko na ndugu zetu kama vile Sen. Leshore, ambaye alizaliwa bila ulemavu lakini alipata ajali iliyomuweka katika hali ya ulemavu. Vile vile, watu wengine hupata ulemavu kutokana na magonjwa mbalimbali.

Bw. Spika wa Muda, Serikali yetu imelegeza kamba kidogo kwa kuwasaidia walemavu. Pia, kuna vyombo vya habari ambavyo haviwasaidii walemavu. Kuna baadhi ya stesheni za televisheni ambazo hazina waelekezi wa watu walio na ulemavu wanapopeperusha vipindi vyao. Vile vile ni aibu kuona ya kwamba watu walemavu hawawezi kuingia kwenye majengo fulani nchini. Hata tulipokuwa Watamu hivi majuzi ilibidi tumbebe mmoja wetu, Sen. Omondi, ili aweze kuingia ndani ya chumba cha mikutano.

Kuna hoteli kubwa kama vile Intercontinental Hotel ambayo ina upungufu wa vifaa vya kuwasaidia walemavu. Vile vile, Serikali zetu za mashinani zinapojenga shule za chekechea hazizingatii watoto ambao wako na ulemavu. Tunasisitiza ya kwamba shule hizo na taasisi mbali mbali ni lazima ziwe na vifaa maalum kama njia za kutumiwa na watu walemavu. Inasikitisha kwamba kuna baadhi ya makanisa na misikiti ambako watu walemavu hawawezi kuingia bila kubebwa. Mambo kama haya yanaleta utata na ni

May 3rd, 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity to contribute to this Bill. From the outset, the Constitution has been very inclusive. If there is any progressive Constitution the world over, it is the Kenyan Constitution for the fact that it envisages everybody to play a meaningful role in development. One of the sectors that have been included is that of people with disabilities.

Most studies have established that up to 10 per cent of people living in Kenya are people with disabilities. Most of the time, we look at the physical disabilities that are obvious and easy to see. However, we have other disabilities that are internal, for example, mental disabilities.

Most developed countries have been able to pull in the various categories of people to enable them play a meaningful role. We always say that disability is not inability. However, we need to find systems, ways and technologies to ensure that the people with disabilities can continue to live very productive lives. That is possible because most developed counties have lifts and phones that are fitted with audio facilities, thus suitable for persons with disabilities. The Constitution has been---

What is your point of order Sen. (Prof.) Kindiki?

On a point of order, Mr. Temporary Speaker, Sir. Pursuant to Standing Order No.18 and Article 107 (1) (c) of the

May 3rd, 2016 SENATE DEBATES

Please, proceed Sen. (Dr.) Zani

Mr. Temporary Speaker, Sir, the issue of discrimination has already been addressed in the Constitution. Therefore, it is a question of how few apply the Constitution and apply the Articles to bring into effect the issue of avoidance of discrimination. Article 7 (1) is very clear that the national language is Kiswahili. Article 7 (2) says that the official languages are English and Kiswahili. Article 7 (3) (b) states that:-

“ (3) The State shall—

May 3rd, 2016 SENATE DEBATES

May 3rd, 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, I feel honoured that I am accorded this opportunity when you are seated on that seat. It might be the one and only time that you sit there. Therefore, it could be quite important for the annals of history to know that Senator No.003 accorded an opportunity to Senator No.001 to contribute to an important constitutional Bill that seeks to give force to the Constitution of the Republic of Kenya.

Mr. Temporary Speaker, Sir, a friend told me that when you hear something mentioned once, it could be an opinion or rumour. When you hear it mentioned twice, it could still be an opinion or rumour but when it is mentioned severally, it becomes data. There is no measure of a progressive Constitution. Today, Kenya is regarded to have a progressive Constitution largely because it has a progressive Bill of Rights. The Bill of Rights in the Constitution of Kenya is an aspiration even some democracies need to emulate and take up in their various constitutional practices and amendments of their Constitution.

It has been said severally that the Kenyan Constitution is progressive largely because it has a progressive Bill of Rights. Therefore, I commend Mheshimiwa Wanjiku Muhia, Member of Parliament (MP) . It should accurately say, “Member of the National Assembly” because MP refers to all MPs. Since our Bill largely refers to us as Senators, it is only prudent that we adopt a style so that one knows from which Chamber the Bill is being proposed from. However, I commend her. What she is doing is a responsibility of State actors. The Senate and other bodies should have started it a long time ago.

May 3rd, 2016 SENATE DEBATES

May 3rd, 2016 SENATE DEBATES

On a point of order, Mr. Temporary Speaker, Sir. I did not want to interrupt Sen. 001’s very eloquent presentation. However, is he in order to refer to Members of Parliament as “just some guy from some constituency?” These are Hon. Members of Parliament.

Mr. Temporary Speaker, Sir, I agree with Sen. M. Kajwang, my junior in all fields. He followed me to Lenana School, he followed me to Moi University, now he has followed me to the Senate. On this one, I agree with him; an Hon. Member from somewhere. We are so many. However, it is this little impact. Hon. Wanjiku Muhia has left a legacy. Unfortunately, in this country without an enforceable regime, there is almost lack of compliance. Who will ensure compliance? This Parliament cannot speak in vain. If this Parliament promulgates this law, it must not speak in vain.

These are the type of laws that attract immediate assent. That means budgets must be made available immediately. There must be a compliance agency. We must have compliance at the national Government and at county government levels. They must reorganize their priorities. When one is in a county, they cannot insist on bullfighting ring when all are at Formula One ring or insist on a tarmac road when the people’s priorities are different. Why should you have tarmac for people who do not have cars or even water?

We need critical re-evaluation. I hope the Leader of Majority is listening to this. We need this conference on devolution by the Senate to really make a critical assessment. In implementing devolution, we made a mistake. We will now have this cliché argument that we have a few boreholes mushrooming as a result of devolution as though we had no boreholes for the last 50 years. Yes, there are boreholes being done, but we could have done more. Half of the money has been stolen. Boreholes are not courtesy of a governor.

May 3rd, 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, I am speaking after Sen. Hassan has made vibrant and firebrand deliberations in this House. The only thing I can say is that he missed a whistle but he had our attention.

May 3rd, 2016 SENATE DEBATES

May 3rd, 2016 SENATE DEBATES

Senate Majority Leader, please reply.

Mr. Temporary Speaker, Sir, I take this opportunity to thank all colleagues for the wonderful contributions they have made in support and in improving this critical Bill. It is said that you judge the strength of a nation or a society by how well it treats the vulnerable.

It is, therefore, important for me to say that the overwhelming support this Bill has received in this House is an indication that our country is strong and we have reached a level where we want to fix especially those aspects of our society that relate to strengthening the vulnerable in our midst.

Mr. Temporary Speaker, Sir, I have had the privilege of listening to much of the debate and contributions. Allow me to summarize three things that this Bill does.

The first one provides that going forward, there will be no approval for the construction of any road or building or premises if such plans do not demonstrate that there will be access for PWDs. There must be lanes designated for PWDs. If there are overhead bridges on a road, they must not just provide stairs for the overhead bridge but they must also provide a passage for people on wheelchairs and other PWDs. It is the same if it is a premise.

Mr. Temporary Speaker, Sir, we had a very bad incident in Huruma where people lost their lives. Of course, we have reports indicating that part of the reason why the fatalities occurred was because the building was not approved et cetera. I am just wondering whether, over and above the normal approvals of making sure that our buildings are safe and strong, it should not be made mandatory, going forward - and this is what this Bill is trying to do - that you cannot have a building that does not provide access by PWDs. I am sure that if this is provided, in the future, it will provide an opportunity for a PWD to escape the same way a person without disability would escape from a building in case of a disaster.

I am a proud Kenyan today as I look at this Bill. Of course, as many colleagues have said, our problem lies in implementation of some of these laws. It is a shame that we have to resort to legislation to fix some of these things. I think time has come in our country when we need to take some of our responsibilities a bit more seriously.

I am sorry to give examples of countries other than my own because I am a patriot. However, truth be told, if a building collapsed in some countries, heads would have rolled by now. In many cases, it would have been voluntary. The Cabinet Secretary (CS) , Principal Secretary (PS) , the governor in charge and people approving these plans would have taken responsibility on their own volition. That is unlikely to happen because nobody wants to take responsibility or resign from public office.

In some countries, I have seen ministers of transport resigning simply because trains have collided and the minister does not say: “I do not drive the trains.” He says: “I

May 3rd, 2016 SENATE DEBATES

May 3rd, 2016 SENATE DEBATES

May 3rd, 2016 SENATE DEBATES

What is your point of order Sen. M. Kajwang?

On a point of order Mr. Temporary Speaker, Sir. Before the Leader of Majority resumes his seat, I wanted to raise a question about a comment he made and your advice on whether it is in order. The Leader of Majority has spoken with a lot of passion. He reminds me of how passionate the Biblical Saul was before he saw the light on the road to Damascus. I do pray the same vigor will be maintained.

However Mr. Temporary Speaker, Sir, the Majority Leader has indicated that the job of this House is to oversight counties which is our sole duty. Is he in order to indicate that our job is to focus on counties only when the Constitution under Article 94 defines the broad role of Parliament of which this Senate has membership; which says Parliament manifests the diversity of the nation, represents the will of the people, exercises their sovereignty, defends and protects its Constitution; is it in order to narrow and limit the oversight role of this House to counties alone when we are part of the institution called Parliament?

Thank you Mr. Temporary Speaker, Sir. Sen. M. Kajwang, being my junior who followed me everywhere did not hear. I did not say that that is the only duty of the Senate. But he must appreciate that

May 3rd, 2016 SENATE DEBATES

I defer putting the question to tomorrow.

Hon. Senators, as you may be aware, on Wednesday 4th May, 2016, Sen. Wetangula sought a Statement from the Senate Majority Leader regarding the compensation of Internally Displaced Persons (IDPs) . Further, on Thursday, 21st April 2016, the House resolved to invite the Cabinet Secretary for Devolution and Planning through the Sessional Committee on Devolved Government to address the matter.

Hon. Senators, I wish to inform you that the Cabinet Secretary for Devolution and Planning has requested to come and address the matter on 25th May, 2016 and not tomorrow as earlier communicated.

Thank you.

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

What is your point of order, Sen. M. Kajwang?

Mr. Temporary Speaker, Sir, thank you for your Communication. As you have rightfully indicated, the Statement was quite urgent and

May 3rd, 2016 SENATE DEBATES

Very well. As I communicated earlier, the Cabinet Secretary for Devolution and Planning has indicated that he will be available on 25th May, 2016 and not tomorrow. I will endeavor to get an explanation as to why he is not able to come tomorrow.

Hon. Senators, we will defer Order Nos.13, 14 and 15.

Mr. Temporary Speaker, Sir, I have just received the Bill. I, therefore, request that you defer this Order to tomorrow.

Order, Senators. I defer Order Nos.16, 17, 18 and 19.

May 3rd, 2016 SENATE DEBATES

There being no other Business, the Senate now stands adjourned until Wednesday, 4th May, 2016, at 2.30 p.m.

The Senate rose at 5.55 p.m.