Tuesday, 7th June, 2016

Order, hon. Senators. Two petitions are listed but in the interest of time, I will just read one. The other one will be deferred to tomorrow.

This is a Petition to the Senate by Mr. David O. Gesicho for the establishment of a Joint Parliamentary Select Committee to inquire into and investigate the rising occurrences of police brutality and mob violence in Kenya.

Hon. Senators, pursuant to Standing Order No.220 (1) (a) and 225 (2) (b) , I hereby report to the Senate that the Petition has been submitted through the Clerk by Mr. David

On a point of order, Mr. Speaker, Sir. Considering the urgency of the voting business on the Anti-Doping (Amendment) Bill (National Assembly Bill No.17 of 2016) , with your permission, we can vote on it then we can go back to commenting on that. I have confirmed that we have the numbers.

Order, hon. Senators. This Petition is very simple. Just give the indication that you do not wish to comment on it and we proceed.

Proceed, Sen. (Dr.) Khalwale.

Mr. Speaker, Sir, I share your concerns about the Joint Committee of the two Houses. I do not know whether it would have been tidier for you at the onset to advise the Petitioner so that we can then channel it after he has decided which House he wants to refer it to.

That notwithstanding, I encourage that you do everything possible to make sure that this Petition is heard, reason being that the issue of extra-judicial killings and brutality by the police is a real nightmare in this country.

Mr. Speaker, Sir, Mr. Gesicho comes from Kakamega and he is making these applications just a few weeks after the brutal killing of businessman Jacob Juma by the police. It is important that this matter be dealt with. In fact, there are many people who

Juma.

Secondly, I had an opportunity just a few days ago to experience the brutality of the police while participating in a peaceful demonstration of which the police in Kakamega had been notified. Instead they came, brutally and violently assaulted me, arrested me and arraigned me in court after 5.00 p.m. They then charged me under Section 83 of the Penal Code that provides that, if convicted, I would be jailed for life. What is critical is that this particular---

What is it, Sen. Murkomen?

Relax, what is burning you?

On a point of order, Mr. Speaker, Sir. I did not mean to interrupt my colleague. I thought he was responding to my earlier request for you to rule that we vote before we proceed.

Order Senators. Do not make any noise whatsoever and neither should Senators on either side assume the role of the Speaker. This is because the point of order is addressed to the Speaker and nobody else. We have business which is critical. We will allow Sen. (Dr.) Khalwale to finish and then we will come back to this particular Petition. We will later deal with the Bills for voting because we have the numbers. You may proceed, Sen. (Dr.) Khalwale.

Most obliged, Mr. Speaker, Sir. The irony of it is that I had been charged under this Section which was used for the first time and the last time in 1952 against the Mau Mau.

What is it, Sen. Haji?

On a point of order, Mr. Speaker, Sir. Is it fair for Sen. (Dr.) Khalwale to call Issack Hassan a thief when he cannot substantiate or prove it? He knows that this person is not in the House to defend himself. Is it fair? He should withdraw.

What is it, Sen. Murkomen?

On a point of order, Mr. Speaker, Sir. The little I know about the Chairman of IEBC as my colleague in the profession is that, he is a very committed Muslim, very faithful and very hardworking. In the absence of evidence of what they are trying to link him to, is it in order for any Member of this House, considering the status of this House and the age of the hon. Member, to try to link someone who cannot defend himself to things that have not happened or is it because this man comes from a minority community and may not have his tribe behind him, thus it is easy to make him a target of political attack?

Order, Sen. Murkomen. A point of order is to determine what is out of order and not to make submissions. Sen. Muthama, what is your point of order?

On a point of order, Mr. Speaker, Sir. It is funny to see Sen. Murkomen denying what is so obvious.

Order, Sen. Muthama. What is your point of order?

Mr. Speaker, Sir, is he in order to deny what is really obvious? The information came all the way from the UK stating that Isaack Hassan is involved in the highest degree of corruption and he is defending him. Is he in order?

Order Members. I will have the last person to talk and that is Sen. Leshore.

On a point of order, Mr. Speaker, Sir. Is it in order for these CORD Members to malign Issack Hassan who was nominated by them in the last Parliament? We know him as a very clean person who cannot be intimidated because he comes from a small tribe.

Order Members. I am not allowing more points of order because if there is anything to be said it must have been said. The only issue now on the Floor is what Sen. Haji raised, challenging Sen. (Dr.) Khalwale to substantiate.

Thank you Mr. Speaker, Sir. Indeed, it is my pleasure to be given this humble opportunity to substantiate. The distinguished Senator from Garissa knows very well that none other than the Ethics and Anti Corruption Commission

What is it Sen. Wetangula? The Senate Minority Leader (Sen. Wetangula) : On a point of order, Mr. Speaker, Sir. I am sorry to interject at this moment. Is it in order for the distinguished Senator for Samburu to make unhelpful tribal utterances by shouting at Sen. Sijeny that Wajaluo ndio walikula. Why would we want to bring tribe on the Floor of this House? A person who transgresses the law does it as an individual and there is nobody who breaks the law on behalf of a community or because he is a member of any community. Is he in order to bring that kind of language to the Floor of the House? He directed it at Sen. Sijeny. She heard it and those around her including me heard it.

Order Members. That is a very serious allegation. Did you say so, Sen. Leshore?

Order Members. That is a very serious allegation. Did you say so, Sen. Leshore?

Mr. Speaker, Sir, I want to challenge my friend here. He should stop showing us that hatred in his face. We used to be in KANU together and he is now demonstrating against Kenyans. He will have to answer one day.

Order Senators. Order Sen. Leshore. This is not a laughing matter Sen. Leshore. I challenge---

Order, Sen. Elachi. By all stature of imagination, you are nowhere near acquiring the name Sen. Leshore.

Sen. Leshore, Sen. Wetangula stated that you said some words. I challenged you whether you said those words or not.

Mr. Speaker, Sir, I seek your guidance; there is no Member here who is a Luo. All these people here are Senators.

Order, Senator. This has nothing to do with which side you are in.

Mr. Speaker, Sir, if I have aggrieved the precious lady, I will say sorry but not to those thieves who you are trying to protect.

Order Sen. Leshore. Sen. Leshore, this is a straight forward matter. If you said those words, withdraw and apologise. Do not make it worse. The argument is about who called the other a thief.

Mr. Speaker, Sir, what shall I say again? I said that I apologise to the gracious lady. Sen. Wetangula said I directed those harsh words to her, so on my own behalf, I apologise to the House and withdraw.

Order Members. Let us stop there and move to the vote.

Mr. Speaker, Sir, I beg to lay the following Paper on the Floor of the House:-

The Report of the Standing Committee on Finance, Commerce and Budget on the consideration of the County Allocation of Revenue Bill, 2016 on the County government budget ceilings on recurrent expenditure for the new structures for financial year 2016/2017.

Mr. Speaker, Sir, I beg to lay the following Paper on the Floor of the House:-

The Report of the Standing Committee on Finance, Commerce and Budget on the consideration of the County Allocation of Revenue Bill, 2016 on the County government budget ceilings on recurrent expenditure for the new structures for financial year 2016/2017.

Boy, Kwale County; Sen. Chelule, Nakuru County; Sen. Cheruiyot, Kericho County; Sen. Elachi, Nairobi County; Sen. Haji, Garissa County; Sen. Hargura, Marsabit County; Sen. Hassan, Mombasa County; Sen. Karaba, Kirinyaga County; Sen. Kembi-Gitura, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. (Prof.) Lesan, Bomet County; Sen. Leshore, Samburu County; Sen. (Prof.) Lonyangapuo, West Pokot County; Sen. (Dr.) Machage, Migori County; Sen. Melly, Uasin Gishu County; Sen. Mohamud, Wajir County; Sen. Moi, Baringo County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Muthama, Machakos County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwakulegwa, Taita-Taveta County; Sen. Ndiema, Trans Nzoia County; Sen. Ntutu, Narok County; Sen. Obure, Kisii County; Sen. Sang, Nandi County; and, Sen. Wetangula, Bungoma County.

Boy, Kwale County; Sen. Chelule, Nakuru County; Sen. Cheruiyot, Kericho County; Sen. Elachi, Nairobi County; Sen. Haji, Garissa County; Sen. Hargura, Marsabit County; Sen. Hassan, Mombasa County; Sen. Karaba, Kirinyaga County; Sen. Kembi-Gitura, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. (Prof.) Lesan, Bomet County; Sen. Leshore, Samburu County; Sen. (Prof.) Lonyangapuo, West Pokot County; Sen. (Dr.) Machage, Migori County; Sen. Melly, Uasin Gishu County; Sen. Mohamud, Wajir County; Sen. Moi, Baringo County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Muthama, Machakos County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwakulegwa, Taita-Taveta County; Sen. Ntutu, Narok County; Sen. Obure, Kisii County; Sen. Sang, Nandi County; and, Sen. Wetangula, Bungoma County.

NOES: Sen. Ndiema, Trans Nzoia County. Hon. Senators, the results of the Division are as follows:-

Sen. Hassan, Mombasa County; Sen. Karaba, Kirinyaga County; Sen. Kembi-Gitura, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. (Prof.) Lesan, Bomet County; Sen. Leshore, Samburu County; Sen. (Prof.) Lonyangapuo, West Pokot County; Sen. (Dr.) Machage, Migori County; Sen. Melly, Uasin Gishu County; Sen. Mohamud, Wajir County; Sen. Moi, Baringo County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Muthama, Machakos County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwakulegwa, Taita-Taveta County; Sen. Ndiema, Trans Nzoia County; Sen. Ntutu, Narok County; Sen. Obure, Kisii County; Sen. Sang, Nandi County; and, Sen. Wetangula, Bungoma County.

(Dr) Machage) took the Chair]

AYES: Sen. Adan, Isiolo County; Sen. (Prof.) Anyang'-Nyong'o, Kisumu County; Sen. Billow, Mandera County; Sen. Boy Juma Boy, Kwale County; Sen. Chelule, Nakuru County; Sen. Cheruiyot, Kericho County; Sen. Elachi, Nairobi County; Sen. Haji, Garissa County; Sen. Hargura, Marsabit County; Sen. Hassan, Mombasa County; Sen. Karaba, Kirinyaga County; Sen. Kembi-Gitura, Murang’a County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. Kivuti, Embu County; Sen. Leshore, Samburu County; Sen. (Prof.) Lonyangapuo, West Pokot County; Sen. (Dr.) Machage, Migori County; Sen. Melly, Uasin Gishu County; Sen. Mohamud, Wajir County; Sen. Moi, Baringo County; Sen. Mositet, Kajiado County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Muthama, Machakos County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwakulegwa, Taita-Taveta County; Sen. Ndiema, Trans Nzoia County; Sen. Obure, Kisii County; Sen. Okong’o, Nyamira County; Sen. Sang, Nandi County; and, Sen. Wetangula, Bungoma County.

Hon.senators, this is going to be very short. I, therefore, request you to stay in, so that we can vote and finish this Bill once and for all. Open the bars and the door.

Hon.senators, this is going to be very short. I, therefore, request you to stay in, so that we can vote and finish this Bill once and for all. Open the bars and the door.

Mr. Speaker, Sir, I beg to report that a Committee of the Whole has considered the Anti-Doping (Amendment) Bill (National Assembly Bill No.17 of 2016) and its approval thereof without amendments.

Sen. (Prof.) Kindiki, kindly proceed.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request the Senate Leader of Minority to second.

The Senate Minority Leader (Sen. Wetangula) seconded.

Senate Majority Leader. Sen. (Prof.) Sen. (Prof.) Kindiki, proceed.

Mr. Deputy Speaker, Sir, I beg to move that the Anti-Doping (Amendment) Bill (National Assembly Bill No. 17 of 2016) be now read a Third Time. I request the Senate Minority Leader to second.

The Senate Minority Leader (Sen. Wetangula) seconded.

Hon. Senators, seeing that no Senator is interested in debating the issue, I will now put the question which is that the Anti- Doping (Amendment) Bill, The National Assembly Bill No.17 of 2016 be now read a third time.

Let the Division Bell be rung for 30 seconds.

Hon. Senators, are you ready to vote?

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, as you are aware, we had reorganized the Order Paper so that we could deal with the urgent issues. I am proposing that we now reorganize it once more so that we go back to Order No.4. There are still Petitions, notices of Motions to be given and Statements to e issued. We have finished the most important issue which was Division. We have finished with the Anti- Doping Bill. I thank you for a well done job.

Next Order! On a point of order, Mr. Deputy Speaker, Sir.

Hon. Senators, as you are aware, we had reorganized the Order Paper so that we could deal with the urgent issues. I am proposing that we now reorganize it once more so that we go back to Order No.4. There are still Petitions, notices of Motions to be given and Statements to e issued. We have finished the most important issue which was Division. We have finished with the Anti- Doping Bill. I thank you for a well done job.

Next Order! On a point of order, Mr. Deputy Speaker, Sir.

issue. So, I seek your direction on this. I demand that---

Order! Hon. Senators, we are still going to do the County Allocation of Revenue Bill, which I think is one of the most urgent things for us to do. I am requesting you, please, do not go immediately. I will give direction just now. Let us first hear what Sen. Haji has to say.

Mr. Deputy Speaker, Sir, before you came in, I rose on a point of order with regard to the utterances made by Sen. (Dr.) Khalwale that Mr. Isaack Hassan is a thief. I said it was not fair for Sen. (Dr.) Khalwale to refer to him as a thief because he is not here to defend himself and I demanded that he substantiate. At that juncture, the Chair directed that we first deal with the Anti-Doping Bill and when we resume we pursue the matter.

Order! Hon. Senators, we are still going to do the County Allocation of Revenue Bill, which I think is one of the most urgent things for us to do. I am requesting you, please, do not go immediately. I will give direction just now. Let us first hear what Sen. Haji has to say.

Mr. Deputy Speaker, Sir, before you came in, I rose on a point of order with regard to the utterances made by Sen. (Dr.) Khalwale that Mr. Isaack Hassan is a thief. I said it was not fair for Sen. (Dr.) Khalwale to refer to him as a thief because he is not here to defend himself and I demanded that he substantiate. At that juncture, the Chair directed that we first deal with the Anti-Doping Bill and when we resume we pursue the matter.

Thank you, Sen. Haji. Sen. (Dr.) Khalwale, I was in the House and that was the direction by the Speaker. What do you have to say about that?

Mr. Deputy Speaker, Sir, indeed, I agree with you that that was the directive from the Chair. My mind remains very clear. The seriousness of the case that has been concluded in the United Kingdom (UK) is such that the Ethics and Anti-Corruption Commission (EACC) --- The Deputy Speaker (

Mr. Deputy Speaker, Sir, I would like to substantiate very briefly and clarify that there is no malice on my part---

Sen. (Dr.) Khalwale, I would just like to caution you as a fellow Senator. You referred to him as a thief. You know exactly what that means.

Mr. Deputy Speaker, Sir, yes.

So, if you want to substantiate that, then it will not be just a matter of clarification of what you meant. However, you must

Sen. (Dr.) Khalwale, I would just like to caution you as a fellow Senator. You referred to him as a thief. You know exactly what that means.

Mr. Deputy Speaker, Sir, yes.

So, if you want to substantiate that, then it will not be just a matter of clarification of what you meant. However, you must

Mr. Deputy Speaker, Sir, I would like to do it now because I will do it in three minutes.

In that case, I am directing that you do it tomorrow at 2.30 p.m.

Mr. Deputy Speaker, Sir, that is okay. Having relieved me of that, let me conclude my contribution on the Petition ---

No. Which Petition?

Mr. Deputy Speaker, Sir, I said this while contributing to the Petition by Mr. Gesicho of Kakamega County about extra-judicial killings, mob justice and police brutality.

How long will that take?

Mr. Deputy Speaker, Sir, I do not know how much time I was still remaining with.

Mr. Deputy Speaker, Sir, I said this while contributing to the Petition by Mr. Gesicho of Kakamega County about extra-judicial killings, mob justice and police brutality.

Mr. Deputy Speaker, Sir, yes. We were under Order No.4 on Mr. Gesicho’s Petition.

The Senate Minority Leader (Sen. Wetangula) : Yes, and I am queuing to speak to it and the Bungoma one which was deferred to tomorrow.

consulted with Sen. (Prof.) Kindiki, Sen. Wetangula and the Clerk-at-the-Table)

Hon. Senators, I have done some consultation with the leadership of the House. I must apologise because I was not here when the Speaker was going through the Order Paper. We have Order No. 14 which is Committee of the Whole for the County Allocation of Revenue Bill, which is one of our core duties.

I propose and I have agreed with the leadership of the House, both The Senate Majority and Minority leaders that the Petition on which Sen. (Dr.) Khalwale was contributing - which is open for Senators to contribute on - together with the Petition from Bungoma County which is No.2 on the Appendix, will be dealt with first thing tomorrow at 2.30 p.m.

So, I will defer the Petition, but Sen. (Dr.) Khalwale will be on the Floor when it resumes tomorrow.So, let us now urgently deal with Order No.14.

Hon. Senators, I am advised again by the leadership of the House that the Committee of the Whole would take a very short time and I request you to remain in the House so that we can vote and finish the Second Reading of the County Allocation of Revenue Bill. We are now going to the Committee of the Whole.

Mr. Deputy Speaker, Sir, yes. We were under Order No.4 on Mr. Gesicho’s Petition. The Senate Minority Leader (

Order, hon. Senators. This is going to take a very short time. Let us execute this Order very fast. We are looking at Order No.14, Committee of the Whole, County Allocation of Revenue Bill (Senate Bill No.3 of 2016) Clauses 3 - 11

The putting of the Question will be done at the end.

Hon. Senators, I have done some consultation with the leadership of the House. I must apologise because I was not here when the Speaker was going through the Order Paper. We have Order No. 14 which is Committee of the Whole for the County Allocation of Revenue Bill, which is one of our core duties.

I propose and I have agreed with the leadership of the House, both The Senate Majority and Minority leaders that the Petition on which Sen. (Dr.) Khalwale was contributing - which is open for Senators to contribute on - together with the Petition from Bungoma County which is No.2 on the Appendix, will be dealt with first thing tomorrow at 2.30 p.m.

So, I will defer the Petition, but Sen. (Dr.) Khalwale will be on the Floor when it resumes tomorrow.So, let us now urgently deal with Order No.14.

Hon. Senators, I am advised again by the leadership of the House that the Committee of the Whole would take a very short time and I request you to remain in the House so that we can vote and finish the Second Reading of the County Allocation of Revenue Bill. We are now going to the Committee of the Whole.

Order, hon. Senators. This is going to take a very short time. Let us execute this Order very fast. We are looking at Order No.14, Committee of the Whole, County Allocation of Revenue Bill (Senate Bill No.3 of 2016) Clauses 3 - 11

The putting of the Question will be done at the end.

Mr. Temporary Chairman, Sir, I propose that the New Fourth Schedule be part of the Bill.

The Temporary Chairperson (Sen. (Dr.) Machage) : Can you read it properly? Move it. Do not propose, it is me who will do so. Do not take my place.

Mr. Temporary Chairman, Sir, I propose that the County Allocation of Revenue Bill be amended by replacing the current Fourth Schedule with the New Fourth Schedule as it appears in the Order Paper.

The Temporary Chairperson (Sen. (Dr.) Machage) : I know Ramadhan has started, so there may be a bit of hypoglycemia. Let me guide you. Just say, “I move” instead of “I propose”.

Mr. Temporary Chairman, Sir, if Members would allow me to speak, then I would speak properly but they keep interjecting.

I beg to move. The Temporary Chairperson (Sen. (Dr.) Machage) : For purposes of the HANSARD, can you read the whole thing. For purposes of recording, say “I move---“

Mr. Temporary Chairman, Sir, I beg that the New Fourth Schedule be moved as provided for in the Order Paper.

The Temporary Chairperson (Sen. (Dr.) Machage) : Very well, that is another way of putting it.

- THATthe Bill be amended by inserting the following new Schedule immediately after the Third Schedule-

Order, Senator. When documents are tabled on the Floor of this House, it is assumed that whoever has an interest knows where to get those documents and the comparisons on his own. Let us proceed. Division will be at the end. First Schedule, Second Schedule and Third Schedule (Question, that First Schedule, Second Schedule and Third Schedule be part of the Bill proposed) I see no interest. The Question will be put later.

Mr. Temporary Chairman, Sir, I propose that the New Fourth Schedule be part of the Bill. The Temporary Chairperson (

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Allocation of Revenue Bill (Senate Bill No.3 of 2016) and its approval thereof with amendments.

Can you read it properly? Move it. Do not propose, it is me who will do so. Do not take my place.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Allocation of Revenue Bill (Senate Bill No.3 of 2016) and its approval thereof with amendments.

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

Sen. Mutula Kilonzo Jnr. seconded.

I know Ramadhan has started, so there may be a bit of hypoglycemia. Let me guide you. Just say, “I move” instead of “I propose”.

Do we have the numbers? Could the Division Bell be rung for 30 seconds?

Hon. Senators, there is one Division that we did not take at the Committee of the Whole. I, therefore, direct that we go into the Committee of the Whole to take that Division before we proceed with the next Orders.

Very well, that is another way of putting it.

Makueni County; Sen. Ndiema, Trans Nzoia County; Sen. Ntutu, Narok County; Sen. Obure, Kisii County; Sen. Okong’o, Nyamira County; Sen. Orengo, Siaya County; Sen. Sang, Nandi County; and, Sen. Wetangula, Bungoma County.

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Allocation of Revenue Bill (Senate Bill No.3 of 2016) and its approval thereof with amendments.

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

Sen. Mutula Kilonzo Jnr. seconded.

Mr. Temporary Speaker, Sir, I beg to move that The County Allocation of Revenue Bill (Senate Bill, No.3 of 2016) be now read the Third Time.

Sen. Mutula Kilonzo Jnr. seconded.

Do we have the numbers? Could the Division Bell be rung for 30 seconds?

Hon. Senators, there is one Division that we did not take at the Committee of the Whole. I, therefore, direct that we go into the Committee of the Whole to take that Division before we proceed with the next Orders.

be now read a Second Time, put and the Senate proceeded to vote by County Delegations) AYES: Sen. Adan, Isiolo County County; Sen. (Prof.)Anyang’-Nyong’o, Kisumu County; Sen. Billow, Mandera County; Sen. Boy Juma Boy, Kwale County; Sen. Chelule, Nakuru County; Sen. Cheruiyot, Kericho County; Sen. Elachi, Nairobi County; Sen. Haji, Garissa County; Sen. Hargura, Marsabit County; Sen. Hassan, Mombasa County; Sen. Kagwe, Nyeri County; Sen. M. Kajwang, Homa Bay County; Sen. Kanainza, Kakamega County; Sen. Kembi-Gitura, Murang’a County; Sen. Khaniri, Vihiga County; Sen.(Prof.) Kindiki, Tharaka-Nithi County; Sen. Kivuti, Embu County; Sen. (Prof.) Lesan, Bomet County; Sen. Leshore, Samburu County; Sen. (Prof.)Lonyangapuo, West Pokot County; Sen. (Dr.) Machage, Migori County; Sen. Melly, Uasin-Gishu County; Sen. Mositet, Kajiado County; Sen. Murkomen, Elgeyo- Marakwet County; Sen. Murungi, Meru County; Sen. Muthama, Machakos County;

Makueni County; Sen. Ndiema, Trans Nzoia County; Sen. Ntutu, Narok County; Sen. Obure, Kisii County; Sen. Okong’o, Nyamira County; Sen. Orengo, Siaya County; Sen. Sang, Nandi County; and, Sen. Wetangula, Bungoma County.

Karaba, Kirinyaga County; Sen. Kembi-Gitura, Murang’a County; Sen. Khaniri, Vihiga County; Sen.(Prof.) Kindiki, Tharaka-Nithi County; Sen. Kivuti, Embu County; Sen. (Prof.) Lesan, Bomet County; Sen. Leshore, Samburu County; Sen. (Prof.) Lonyangapuo, West Pokot County; Sen. (Dr.) Machage, Migori County; Sen. Melly, Uasin-Gishu County; Sen. Mositet, Kajiado County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Murungi, Meru County; Sen. Muthama, Machakos County;

Makueni County; Sen. Ndiema, Trans Nzoia County; Sen. Ntutu, Narok County; Sen. Obure, Kisii County; Sen. Okong’o, Nyamira County; Sen. Orengo, Siaya County; and Sen. Sang, Nandi County

Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered The County Allocation of Revenue Bill (Senate Bill No.3 of 2016) and approved the same with amendments.

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

Sen. Mutula Kilonzo Jnr. seconded

Mr. Temporary Speaker, Sir, I beg to move that The County Allocation of Revenue Bill (Senate Bill No.3 of 2016) be now read the Third Time.

Sen. Mutula Kilonzo Jnr. seconded

Order, Senators. Order, Sen. Cheruiyot! Freeze. Order, Sen. Muthama!

Mr. Temporary Speaker, Sir, I agree but there is a sense of being an African. That is why my brothers in Tanzania believe their Kiswahili should be Kiswahili. This statement was for Masinde Muliro University, and I remember Members raised many issues regarding this matter. From that time to date, the Chairman has not answered me.

Secondly, I want to thank the Senate because due to whatever we had requested, the Vice-Chancellor has started repaying the money. However, it will be important for us to get the real answer, not just to be told that now somebody has agreed he was stealing money from the university and he is repaying. Am I in order to ask the Chairman to ensure that the Statement is delivered so that we close that chapter?

Sen. Elachi, we will come to your issue once we are done with the Statements listed on the Order Paper. So, you can raise your point of order at that point. Let us have Statement (e) from the Chairperson to the County Public Accounts and Investments Committee which was sought by Sen. Ntutu. Give Sen. (Prof.) Anyang’- Nyong’o the microphone.

Is there any other Paper or Notice of Motion?

Next Order!

Mr. Temporary Speaker, Sir, I have no objection.

Let us have the Chairperson to the Standing Committee on Roads and Transportation issue a Statement regarding delayed public works at Jaramogi Oginga Odinga Teaching and Referral Hospital as sought by Sen. ( Prof.) Anyang’-Nyong’o.

Sen. Obure.

Mr. Temporary Speaker, Sir, the specific questions which Sen. ( Prof.) Anyang’-Nyong’o raised were:-

One, to explain why there has been delay of over two years in implementing public works projects at Jaramogi Oginga Odinga Teaching and Referral Hospital in Kisumu.

Secondly, to state why the public works department in Kisumu has failed to supervise projects at the institution to ensure timely completion.

I wish to clarify from the outset that the projects at the hospital are being funded and implemented by the Ministry of Health and the Kenya Medical Research Institute (KEMRI) . The public works staff only provide supervision services on those projects.

There are three projects in all. One of them is installation of an incinerator at the Jaramogi Oginga Odinga Teaching and Referral Hospital, which is 100 per cent complete and is in use. The second project is the Children Clinical Center of Excellence at the same hospital, which is at 99 per cent completion level. The third project is the proposed refurbishment works for Multi-Drug Resistant Tuberculosis (MDRTB) block, which is at 40 per cent completion.

On the incinerator project, I want to state that it was completed on 7th January, 2015 which was the scheduled completion date. The project was commissioned and handed over on the same date, and is currently in use by the clients. The second project; the proposed Children Clinical Center of Excellence commenced on 14th June, 2102. The completion date was 30th May, 2013.

Unfortunately, because of the various issues relating to funding, the project was not completed on the scheduled date. This project is ongoing and as I said earlier, it is at 99 per cent completion level. The project is expected to be completed at the end of this month.

Mr. Temporary Speaker, Sir, regarding the third project which is the Refurbishment Works for the Multi Drugs-Resistant TB Block, there have been problems on the project and the challenges are related to funding. The project is currently stalled

Sen. Elachi.

On a point of order, Mr. Temporary Speaker, Sir. I request the Chairperson of the Standing Committee on Education to issue a statement I “soughted” way back…

It should be “I sought”.

Mr. Temporary Speaker, Sir, I just have one more request. I made a request to the Chairman regarding whether it will be possible to get officials from the Ministry to appear before his committee. When officials appear before a committee and the Senator concerned is also there, we can iron a lot of issues. I do not know whether the Chairman can commit himself to request the officials from the Ministry, particularly the Public Works Department in Kisumu, to come so that we discuss issues of inadequate personnel and the punctuality in issuing certificates of completion when jobs are done because it is not just Jaramogi Oginga Odinga Teaching and Referral Hospital that complains about this. There are a lot of general complaints about the punctuality and promptness with which supervision is done and certificates of completion issued.

Mr. Temporary Speaker, Sir, I have heard what Sen. (Prof.) Anyang’-Nyong’o has said. I want to assure this House that we will be able to convene a meeting of the senior officials of the Public Works Directorate, in particular, reference to Kisumu Office to ensure that the challenges which Sen. (Prof.) Anyang’-Nyong’o has

Anyang’-Nyong’o to join us as well.

I direct you to proceed with organizing that meeting and involve Sen. (Prof.) Anyang’-Nyong’o in good time. That is with regard to that particular Statement.

Mr. Temporary Speaker, Sir, I have no objection.

Let us have the Chairperson to the Standing Committee on Roads and Transportation issue a Statement regarding delayed public works at Jaramogi Oginga Odinga Teaching and Referral Hospital as sought by Sen. ( Prof.) Anyang’-Nyong’o.

Sen. Obure.

Sir, to the best of my knowledge, the Statements are sought from the Chairpersons of the Committees irrespective of the political side they belong to. They also answer those statements on behalf of the committees and the residual responsibility, to the best of my knowledge, is to the Senate Majority Leader unless there are changes. I stand guided.

As you indicated, you should remind the Chairperson of the Standing Committee on Labour and Social Welfare. Sen. Elachi had sought a Statement from the Chairperson of the Senate Committee on Education. The Chairperson is not here and so we defer the Statement sought by Sen. Elachi to tomorrow.

Mr. Temporary Speaker, Sir, in March this year, I requested for a Statement from the Chairperson of the Senate Committee on National Security and Foreign Relations on the national security project that is being undertaken by Safaricom and the Chairperson requested that we should give the Committee one month.

Order Sen. Cheruiyot. You might be the newest Senator in the House. You have, however, had fairly enough time to learn some bits of the rules of the House. If you are crossing from one side to the other, you go to where there is a mark and then you bow there before you cross. You do not just bow in between.

Proceed Sen. M. Kajwang.

Mr. Temporary Speaker, Sir, the specific questions which Sen. ( Prof.) Anyang’-Nyong’o raised were:-

One, to explain why there has been delay of over two years in implementing public works projects at Jaramogi Oginga Odinga Teaching and Referral Hospital in Kisumu.

Secondly, to state why the public works department in Kisumu has failed to supervise projects at the institution to ensure timely completion.

I wish to clarify from the outset that the projects at the hospital are being funded and implemented by the Ministry of Health and the Kenya Medical Research Institute (KEMRI) . The public works staff only provide supervision services on those projects.

There are three projects in all. One of them is installation of an incinerator at the Jaramogi Oginga Odinga Teaching and Referral Hospital, which is 100 per cent complete and is in use. The second project is the Children Clinical Center of Excellence at the same hospital, which is at 99 per cent completion level. The third project is the proposed refurbishment works for Multi-Drug Resistant Tuberculosis (MDRTB) block, which is at 40 per cent completion.

On the incinerator project, I want to state that it was completed on 7th January, 2015 which was the scheduled completion date. The project was commissioned and handed over on the same date, and is currently in use by the clients. The second project; the proposed Children Clinical Center of Excellence commenced on 14th June, 2102. The completion date was 30th May, 2013.

Unfortunately, because of the various issues relating to funding, the project was not completed on the scheduled date. This project is ongoing and as I said earlier, it is at 99 per cent completion level. The project is expected to be completed at the end of this month.

Mr. Temporary Speaker, Sir, regarding the third project which is the Refurbishment Works for the Multi Drugs-Resistant TB Block, there have been problems on the project and the challenges are related to funding. The project is currently stalled

Mr. Temporary Speaker, Sir, I will also be present so, you need to go slow on me because I have not been inducted until after Manda Island. I just wanted to request your ruling that this Statement---

Sen. Okong’o, what is your point of order?

Mr. Temporary Speaker, Sir, I have heard about an induction and about an island called Manda.What is this all about? I am wondering what Sen. Kajwang is talking about. Is he in order to talk about Manda Island and induction courses?

Mr. Chairman.

Mr. Temporary Speaker, Sir, I have listened very carefully to what Sen. (Prof.) Anyang'-Nyong'o has said. I believe there have been challenges related to the organisation at the headquarters of the former Ministry of Public Works. In fact, if you recall, for a long time, the Directorate of Public Works as it is now referred to was attached to the Ministry of Lands and it has only been transferred to the Ministry of Transport and Infrastructure following recent reorganisation. I am also aware that what Sen. (Prof.) Anyang'-Nyong'o has said could be right, that Kisumu Public Works Department could be inadequately staffed. We will raise these concerns with the people in charge at the Directorate of Public Works. If, indeed, the delays experienced on these projects could be attributed to inadequate staffing, then we will come back and report to this House. However, we will investigate this matter and hold discussions with the people responsible to make sure that the matter is rectified, if, indeed, this is the reason there have been delays.

Mr. Temporary Speaker, Sir, concerning the second issue regarding the proposed Children’s Clinical Centre of Excellence, we have been assured that the handing over will take place before the end of this month. Therefore, I hope Sen. (Prof.) Anyang'-Nyong'o’s concern will be addressed fully. I am told that there is some discussion between the contractor and officers from the Public Works Office relating to installation of water heaters to be connected to heat generated by incinerators. I am not quite sure what this is all about but we will make further inquiries because I believe that will help address the concerns raised by Sen. (Prof.) Anyang'-Nyong'o.

Mr. Temporary Speaker, Sir, I just have one more request. I made a request to the Chairman regarding whether it will be possible to get officials from the Ministry to appear before his committee. When officials appear before a committee and the Senator concerned is also there, we can iron a lot of issues. I do not know whether the Chairman can commit himself to request the officials from the Ministry, particularly the Public Works Department in Kisumu, to come so that we discuss issues of inadequate personnel and the punctuality in issuing certificates of completion when jobs are done because it is not just Jaramogi Oginga Odinga Teaching and Referral Hospital that complains about this. There are a lot of general complaints about the punctuality and promptness with which supervision is done and certificates of completion issued.

Mr. Temporary Speaker, Sir, I have heard what Sen. (Prof.) Anyang’-Nyong’o has said. I want to assure this House that we will be able to convene a meeting of the senior officials of the Public Works Directorate, in particular, reference to Kisumu Office to ensure that the challenges which Sen. (Prof.) Anyang’-Nyong’o has

Anyang’-Nyong’o to join us as well.

I direct you to proceed with organizing that meeting and involve Sen. (Prof.) Anyang’-Nyong’o in good time. That is with regard to that particular Statement.

Mr. Temporary Speaker, Sir. We agreed that the Statement be placed tomorrow because the Chairperson told me that the document is bulky, and he has not internalized the whole of it and I agreed with him.

Very well. It is so directed to tomorrow.

Sir, to the best of my knowledge, the Statements are sought from the Chairpersons of the Committees irrespective of the political side they belong to. They also answer those statements on behalf of the committees and the residual responsibility, to the best of my knowledge, is to the Senate Majority Leader unless there are changes. I stand guided.

As you indicated, you should remind the Chairperson of the Standing Committee on Labour and Social Welfare. Sen. Elachi had sought a Statement from the Chairperson of the Senate Committee on Education. The Chairperson is not here and so we defer the Statement sought by Sen. Elachi to tomorrow.

Mr. Temporary Speaker, Sir, in March this year, I requested for a Statement from the Chairperson of the Senate Committee on National Security and Foreign Relations on the national security project that is being undertaken by Safaricom and the Chairperson requested that we should give the Committee one month.

Order Sen. Cheruiyot. You might be the newest Senator in the House. You have, however, had fairly enough time to learn some bits of the rules of the House. If you are crossing from one side to the other, you go to where there is a mark and then you bow there before you cross. You do not just bow in between.

Proceed Sen. M. Kajwang.

Thank you, Mr. Temporary Speaker, Sir. You might want to forgive him because I am aware that his induction will be held in Manda Island at the end of this month and shall be graced by the Speaker himself.

Let us proceed to Order No.17. Second Reading

Mr. Temporary Speaker, Sir, I will also be present so, you need to go slow on me because I have not been inducted until after Manda Island. I just wanted to request your ruling that this Statement---

Sen. Okong’o, what is your point of order?

of the Political Parties Act. It compels political parties to hold meetings of party organs at national and county levels in accordance with a party’s constitution. This has been canvassed by stakeholders of various political parties.

The other amendment is to do with the party intending to hold public meetings to comply with any law relating to public meetings. Another amendment is with regard to deregistration of political parties. The Bill proposes that a fully registered political party may be deregistered if it has not presented a candidate in any elective position for two consecutive general elections. The idea here is to avoid briefcase parties where parties are registered and they are inactive. So, if you have a party and it has not presented a candidate for any elective office for 10 years, then it has no business remaining registered. They can always come again for fresh registration when they are ready. The purpose of political parties is to make sure that Kenyans participate in the elections at various levels and the democratic process of our country.

Mr. Temporary Speaker, Sir, the other area of amendment is with regard to the process of appointment of the Registrar of Political Parties. Hon. Senators are aware that there are provisions already. However, there are provisions now to enhance what is provided for in the Sixth Schedule to provide for the forwarding of names of the Registrar of Political Parties and the Assistant Registrar of Political Parties to the President. The President may nominate the three names per office and Parliament will have to approve the nominations. Let me emphasize that this is an office which I think is very critical for our democracy and the holder of that office has remained active for a very long time. I think time has come to have a substantive holder of that political office and delink it form the Independent Electoral and Boundaries Commission (IEBC), as envisaged under the new political parties order. I believe those are the key amendments.

I want to emphasise that those are the key amendments, especially the two-thirds gender rule which has been critical. I think it will help our country to be more democratic and inclusive. I hope we can pass the law and allow our women to participate in all party committees and bodies.

There is also another important provision that I did not mention, which requires political parties to hold party meetings, not just at the national level, but also at the county level. I cannot find the provision, but I have read it in the proposed amendments. It is good to entrench democracy at all levels, so that decisions of political parties are not done in Nairobi only.

Mr. Temporary Speaker, Sir, I do not want to say much. The Senate Minority Leader has come, but I do not know if he wants to second or supports the Bill. I had already talked to another Senator to second. If he supports the Bill, he takes precedence, in accordance with the traditions of this House.

I beg to move and request Sen. Okong’o to second.

Sen.Cheruiyot?

of Kenya. However, the National Assembly needs to move and comply with the Constitution in terms of the two-thirds gender rule. But be it as it may, I support the amendment on this clause so that the younger and older women of Kenya can be involved in parties and be part of all the Government structures.

I do not agree with the merger of political parties. As much as this Bill has come for political expediency, I look at the bigger picture, especially the issue of the Registrar of Political Parties that I have just mentioned. It will also dissuade briefcase political parties, especially the clause which amends and gives import to a decision that a political party must fill candidates within a stipulated time. That is a reasonable and logical thing.

Lastly, the issue of political parties holding meetings at lower units is crucial. More often than not, most political parties hold meetings in Nairobi and most headquarters. These amendments will give the grassroots supporters a reason to compel a political party to hold meetings in ward, sub-county and county levels.

With those few remarks, I beg to second.

Presidential aspirant and CORD co- principal, senior counsel and many more.

The Senate Minority Leader (Sen. Wetangula) : Thank you, Mr. Temporary Speaker, Sir, for giving me an opportunity to contribute to this Bill. This is a self serving Bill for the Jubilee Government, as you, probably, know. It is brought singularly for purposes of giving way to the merger of the Jubilee parties and allaying fears of Members that they will lose their seats because of the merger. I have no problem with that; it is entirely up to you to do what you want to do.

This Bill has gone through the National Assembly and it has an obligation to come here. The Bill makes amendments to existing provisions by making things a little neater for registration of political parties. In this country, we have political parties that only pop out at election time when the likes of Hon. Kalembe Ndile hang out to harvest money from people who have been blocked from being candidates in their respective political parties. We need to go further and reduce the number of political parties in the country. Even in countries as huge as the United Kingdom (UK) and the United States of America (USA) in terms of population, you cannot count more than five political parties. In India, including the regions, there are not more than ten political parties. I fail to understand why we have the extravagance of 64 registered political parties, in a country with barely 42 million people. In Tanzania, they only talk of Chama cha Demokrasia na Maendeleo, Chama Cha Mapinduzi (CCM) , Ukawa, which is a union of parties and Zanzibar’s Afro-Shirazi Party. The same thing applies for our neighbour, Uganda. Where

Mr. Temporary Speaker, Sir, I was requesting for your direction because I sought a Statement in March and to date, that Statement has not been issued. It does not appear on the Order Paper yet I was gracious enough to give the Committee one month to compile the answers and now we are talking of several months down the line.

Which Committee is that?

Mr. Temporary Speaker, Sir, this was the Senate Committee on National Security and Foreign Relations with respect to the national security project being undertaken by Safaricom.

The Senate Majority Leader, what do you have to say about the Statement sought from the Senate Standing Committee on National Security and Foreign Relations with regard to Safaricom?

high risk of landing a ditch because the driver has no peace any more. We want parties like those to benefit.

Mr. Temporary Speaker, Sir, although I have friends who will benefit from this Bill, there are details that is being given to members of parties that Sen. Murungi and hon. Noah Wekesa are about to consume into one monolith. We are running away from monoliths yet Sen. Murungi and hon. Noah Wekesa are busy creating another KANU, baba

na mama by coercing people to leave their parties and join them. I saw in the newspaper today that the distinguished Senator for Meru saying that he will singularly determine who will get a ticket on the new party.

What is your point of order, Sen. Murungi?

called New FORD(K), should never have been registered because it is causing confusion. There is a party called FORD(K). There was no point of having New FORD(K). The FORD(K) party symbol is a lion. You cannot give a leopard that looks like a lion as a symbol of another party. However, more importantly, that party was given a certificate of registration when the conditions were that you have to have a minimum of 1,000 members in 24 counties yet they did not even have 1,000 members in five counties. However, because the then Minister for Justice and Constitutional Affairs was the promoter of that party, they were awarded a certificate. That is water under the bridge, but if we have a Registrar of Political Parties like that one and give her authority to deregister parties and distribute funds due to parties, then you can understand the concerns that we have.

Mr. Temporary Speaker, Sir, we need to see the Tribunal of Political Parties strengthened so that it can assist political parties in their disputes to avoid unnecessary recourse to High Courts and other courts. We still have cases going to the High Court yet the law is very clear that the court of first instance is the Political Parties Tribunal. I hope that this will be done so that political parties can adjudicate their disputes in a proper forum.

Mr. Temporary Speaker, Sir, as I come to an end, political parties must have ideologies. If you go to the United Kingdom, the Labour Party has its manifestation and orientation which is very clear; pro-trade unionism left of centre, social activities and economic empowerment of people. The Conservatives are on the other end; very right wing, pro-state, each man to himself, each woman to herself and God for us all. When you come to Kenya, and pick the manifesto and constitution of the Mbus, Wiper, Tip Tip or whichever party, they are word for word identical. That means that the Registrar of Political Parties does not work.

Mr. Temporary Speaker, Sir, when you file manifestos, look at manifestos of Jubilee and CORD. There is no difference. All is just about the name. If we want political parties to have meaning; if you are a communist party, you must be truly a communist party. If you are a free market economy party like the Republicans in the United States of America (USA) with Mr. Donald Trump, you must look truly different from the other. However, here political parties are for elections and once they are over, who cares what your manifesto was. That is why every time we tell Jubilee that they are fraudsters who visited every fraud on Kenyans by promising nothing they can deliver. They have delivered nothing on their promise to provide 10,000 kilometres of road, laptops, electricity and water to every home. On reduction of corruption, it has increased. The growth of the economy is shrinking. They have engaged a reverse gear on everything they promised. Every day you see them on national television giving a catalogue of imaginary successes that they have brought to the country since they came to power.

The other day, at the funeral of the late hon. Soita Shitanda, I saw somebody tabulating that they have provided electricity to 70 per cent of homes in this country.

Mr. Temporary Speaker, Sir, you represent a rural constituency. Do even 30 per cent of homes in your constituency in Kericho County have electricity? It is not true. It is all false and fraudulent. You can say they have. Your people are watching you. It is live

Next Order.

political party, but the Registrar of Political Parties should discipline them directly and save individual political parties the agony of being devoured or harassed by others.

Mr. Temporary Speaker, Sir, I shall move an amendment at the right time. It will empower particularly women. Now they are struggling to reach the threshold. Political parties should set aside a certain fund to support women aspirants. The playground is not even for everybody. The political parties will have the leeway of preparing the criteria upon which these women aspirants can be funded so as to enable many of them to be elected in the national elections and not necessarily wait for party nominations. If all this is done, then politics in Kenya will be more interesting. It will not just be an issue of men. Women can bring sanity in the political arena. They are good leaders. They should be given a chance.

Mr. Temporary Speaker, Sir, with those few remarks, I beg to support.

of the Political Parties Act. It compels political parties to hold meetings of party organs at national and county levels in accordance with a party’s constitution. This has been canvassed by stakeholders of various political parties.

The other amendment is to do with the party intending to hold public meetings to comply with any law relating to public meetings. Another amendment is with regard to deregistration of political parties. The Bill proposes that a fully registered political party may be deregistered if it has not presented a candidate in any elective position for two consecutive general elections. The idea here is to avoid briefcase parties where parties are registered and they are inactive. So, if you have a party and it has not presented a candidate for any elective office for 10 years, then it has no business remaining registered. They can always come again for fresh registration when they are ready. The purpose of political parties is to make sure that Kenyans participate in the elections at various levels and the democratic process of our country.

Mr. Temporary Speaker, Sir, the other area of amendment is with regard to the process of appointment of the Registrar of Political Parties. Hon. Senators are aware that there are provisions already. However, there are provisions now to enhance what is provided for in the Sixth Schedule to provide for the forwarding of names of the Registrar of Political Parties and the Assistant Registrar of Political Parties to the President. The President may nominate the three names per office and Parliament will have to approve the nominations. Let me emphasize that this is an office which I think is very critical for our democracy and the holder of that office has remained active for a very long time. I think time has come to have a substantive holder of that political office and delink it form the Independent Electoral and Boundaries Commission (IEBC), as envisaged under the new political parties order. I believe those are the key amendments.

I want to emphasise that those are the key amendments, especially the two-thirds gender rule which has been critical. I think it will help our country to be more democratic and inclusive. I hope we can pass the law and allow our women to participate in all party committees and bodies.

There is also another important provision that I did not mention, which requires political parties to hold party meetings, not just at the national level, but also at the county level. I cannot find the provision, but I have read it in the proposed amendments. It is good to entrench democracy at all levels, so that decisions of political parties are not done in Nairobi only.

Mr. Temporary Speaker, Sir, I do not want to say much. The Senate Minority Leader has come, but I do not know if he wants to second or supports the Bill. I had already talked to another Senator to second. If he supports the Bill, he takes precedence, in accordance with the traditions of this House.

I beg to move and request Sen. Okong’o to second.

Mr. Temporary Speaker, Sir, the amendments are very clear and straightforward. The indefinite acting capacity of the Registrar of Political Parties has been an issue. Most of us did not understand why the issue has been left in abeyance, but now these amendments will cure that anomaly. I, therefore, agree and support the Bill.

of Kenya. However, the National Assembly needs to move and comply with the Constitution in terms of the two-thirds gender rule. But be it as it may, I support the amendment on this clause so that the younger and older women of Kenya can be involved in parties and be part of all the Government structures.

I do not agree with the merger of political parties. As much as this Bill has come for political expediency, I look at the bigger picture, especially the issue of the Registrar of Political Parties that I have just mentioned. It will also dissuade briefcase political parties, especially the clause which amends and gives import to a decision that a political party must fill candidates within a stipulated time. That is a reasonable and logical thing.

Lastly, the issue of political parties holding meetings at lower units is crucial. More often than not, most political parties hold meetings in Nairobi and most headquarters. These amendments will give the grassroots supporters a reason to compel a political party to hold meetings in ward, sub-county and county levels.

With those few remarks, I beg to second.

Presidential aspirant and CORD co- principal, senior counsel and many more. The Senate Minority Leader (

Mr. Temporary Speaker, Sir, the late Hon. Seroney was famous for saying that “you do not need to substantiate the obvious.” The obvious thing under this Constitution under Article 1 in terms of representation and the spirit under Articles 91 and 92 and the chapter on Elections, is that the persons that put us in political parties are the voters. So, we cannot ourselves, as leaders, determine that we can change political parties without their consent. If I need to elaborate something so obvious, then we are doing the wrong things even as lawyers.

Mr. Temporary Speaker, Sir, the contract between us and the people who elected us is the contract that you are in a certain political party. The clause that suggests that you can change that political outfit into another one – I am entitled to an opinion legally – violates the Constitution.

I was going to yet another clause. The amendment in Clause 15--- Sen. Mutula Kilonzo Jnr., is it your point of argument and that you are not reading a specific clause?

given in the Constitution.

Mr. Temporary Speaker, Sir, more important is the management of parties by the structures of the State. Clause 8(a) of this Bill states that:-

“A political party may merge with another political party by-

On a point of order, Mr. Temporary Speaker, Sir. Sen. Mutula Kilonzo Jnr. should have cared to read the Political Parties Act as it is. Does he have a quarrel with the amendments or the Act as it is? The issues he is raising are in the Act as it is.

Mr. Temporary Speaker, Sir, I am quarreling with the amendment that suggests that upon the merger of the political parties, the member who has defected shall be deemed to be a member of that new political party.

I have no objection with Clause 8, which states that members have an option of not going. I am not speaking of us; this is the political class deciding the bed they want to jump in. I am talking about the people who elected the Members and the benefit that they have. That is my quarrel with the amendment. I was speaking about the Public Service Commision where we are subjecting the Registrar of Political Parties. This is supposed to be a prefect of political parties yet we are subjecting him to yet another process and making him or her just another civil servant or another servant who is hired by the PSC and removing the process that is in the Fifth Schedule and Sixth Schedule. These Schedules exist to ensure that we have a Registrar of Political parties who is firmly anchored in the Constitution. If Sen. Murkomen, for example, disobeys the Political Parties Act and the constitution of his party, irrespective of the position he holds, he can be disciplined if I raise a complaint as a member of that political party.

I know that Sen. Murungi likes some of these amendments, but looking prospectively as opposed to what we want to do tomorrow and the day after before 2017, it is just clawing back on the principles of Articles 91 and 92. To that extent, I will not support those amendments that I have mentioned.

Thank you, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, I withdraw the use of the word “coerce” and replace with “:cajole”.

the political field, we know that our brothers within the Jubilee Coalition wish to merge. A merger of political parties is envisaged in the existing Act and it is something proper. The existing Act only provides security for Members of Parliament and Members of County Assemblies (MCAs). To me, this is like tidying up legislation, so that when there is a merger, it is not only the MP or the MCA who is protected, but also the President, his Deputy and the governor as well. To that extent, it is okay. It is just that the timing and the speed with which it has been processed shows that it is a Bill that has got some high level backing. That is why it is moving that fast.

Mr. Temporary Speaker, Sir, there are other provisions and amendments that have already been articulated eloquently by my colleague, Sen. Mutula Kilonzo Jnr. I have one contention – and I concur with him - on the issue of transferring the role of dispute resolution or election primaries disputes resolution to the Registrar of Political Parties. That is the job of the Independent Electoral and Boundaries Commission (IEBC). If you go down history, you will realise that issues of disputes arising out of election primaries have been of concern and contention in this country.

On my way to this House, I attempted to go through a political party primary process. Despite my best attempt to ensure that I went through it smoothly, I came across ‘men-in-black’ along the way and the ballot boxes had to be dispersed in all directions. There was a dispute within the nominations. If we bring these disputes to the Registrar of Political Parties, we will be missing the point. We need to leave this responsibility in the hands of the IEBC, but make sure that we have a credible IEBC in place that is well facilitated and structured. This should be an IEBC which enjoys the confidence and trust of the public and that exists within a platform or a landscape with electoral laws, systems and procedures that are acceptable across the political divide.

Mr. Temporary Speaker, Sir, I want to talk about the issue of fidelity to the existing Political Parties Act. This Act has a section that talks about resignation. It goes ahead to say that if someone who is elected under a party ticket engages in certain utterances, actions and commissions, it might mean that, that person has resigned from that political party. My Chairman of the Committee on Agriculture, Livestock and Fisheries, who is also the one leading the merger of the Jubilee Parties, has just walked out. He has had some exchanges with a member of his party, who is strictly opposed to the position that the party has taken and is on public record as having opposed, to the extent of saying that he will form another political party.

Some of those utterances might amount to canvassing or promoting the existence of another political party. The Registrar of Political Parties has a responsibility to take action against such people. In my own political party, if we have a situation where the party has taken a position, for example, on Madaraka Day; saying that we are all Kenyans who appreciate that we got Madaraka, but as a party this is what we will do. Members of the party could decide to do something else and cite the issue of conscience. You can have conscience, but the law is also clear that when you go beyond what the political party has agreed on, then you are deemed to have resigned. Even as we amend this Act every other day, we need to make sure that we exercise some fidelity to the existing Act.

this House.

Mr. Temporary Speaker, Sir, my final comment - so that I can allow the Mover to comment on this - is on the process of consultation before merger. The Act is fairly docile on that. It says that parties can merge in accordance with their constitutions. Do we confirm that the constitutions represent the aspirations of the people? Do the constitutions have provisions that will take care of the concern that Sen. Mutula Kilonzo Jnr. has raised; that it is important that under Article 1, where sovereignty belongs to the people - when the people have elected their members on the platform or a ticket of a political party - the constitution of that political party still takes it back to them so that there is another way for them to affirm and agree that indeed the merger can proceed?

Mr. Temporary Speaker, Sir, we will have to converse and have some amendments to this particular Act. However, in general, looking at the principles, I support and I am happy that once this merger is undertaken, there will be a reorganization of minority and majority sides not just in the National Assembly and the Senate but also in the county assemblies throughout the country. I pray and believe that a lot of the people who are being cajoled to enter into these super parties shall opt to remain independent and that will tilt the balance of favour in many county assemblies. I also hope that it will tilt the balance in the Senate so that the Majority Leader can now become the Minority Leader because not everyone will follow him to the new party.

I beg to support.

There being no other interest to contribute to this matter, may the Mover reply.

Mr. Temporary Speaker, Sir, I beg to move and request under Standing Orders No. 54 (3) that you direct that the putting of the Question be deferred to tomorrow.

political party, but the Registrar of Political Parties should discipline them directly and save individual political parties the agony of being devoured or harassed by others.

Mr. Temporary Speaker, Sir, I shall move an amendment at the right time. It will empower particularly women. Now they are struggling to reach the threshold. Political parties should set aside a certain fund to support women aspirants. The playground is not even for everybody. The political parties will have the leeway of preparing the criteria upon which these women aspirants can be funded so as to enable many of them to be elected in the national elections and not necessarily wait for party nominations. If all this is done, then politics in Kenya will be more interesting. It will not just be an issue of men. Women can bring sanity in the political arena. They are good leaders. They should be given a chance.

Mr. Temporary Speaker, Sir, with those few remarks, I beg to support.

Mr. Temporary Speaker, Sir, thank you for giving me this chance. I rise to support this Bill for the following reasons. First, this is something that the Senate Minority Leader alluded to in his long speech, though he contradicted himself by appearing to push the case for what I will refer to as “smaller” political parties. Probably, he thinks that the sponsors of the Bill have been sponsored. He was quite clear in his opening remarks that this Bill has been sponsored by the Jubilee Government so as to put through the eminent merger between the parties that are therein.

For whatever reason, in all our engagements as political leaders, it should be our desire to see that we move this country forward and navigate through the many challenges that we face during our time. We know that political parties are the foundation upon which governments are founded. This is an extremely noble attempt to collapse what I will refer to as “smaller” parties into one distinct and unique conglomeration of ideas, philosophies and people, so that you get something that is distinct and beyond individuals as it is the case right now. It is my hope that with the passage of this Bill, the long dream that we have had for a long time will come true. Therefore, we will begin to build political parties that can transcend sudden leaderships of particular individuals and that this is a step in the right direction.

When you look at the situation as it is in the country right now, you will realise that conflicts that we face are as a result of the stands that have been taken by majority of Kenyans. You will understand that there is very little independence of thought, but very much of borrowing of ideas from what the leaders of political parties are stating. That is not the case in mature democracies. A political party has a blueprint and ideals that they live by and party leaders try to lead by those ideals. In Kenya, the reverse is true. This is one of the things that I believe this Bill will cure very well. For that reason, I want to lend all my support in all ways possible.

Mr. Temporary Speaker, Sir, secondly, we have been through the cycle about the two-thirds gender rule and the inclusion of women in the leadership of political parties. This is something that any progressive leader should support. All Members that are in this House, or at least the majority of us, have been through political party nominations and we know how difficult it can be even for us men. We will be deceiving ourselves to front our women and expect that they will come out strongly. We know the rules of

get people to shout the most and pull down your opponent’s posters and such like things.

These are not things that women particularly excel in yet we know that the determinant of who finally gets elected is substance of the quality of the human being that they are and what they promise to offer to the electorate. However, that does not determine who gets a particular party’s ticket at the point. Therefore, such kind of an honest attempt will include our women in the party organs and ensure that they are involved at the level where rules are set at the party decision making organs. They will be able to determine cases where, for example, women feel they have been strongly infringed upon in a nomination exercise and that is a plus and a step in the right direction. I really want to laud the drafters of this Bill for such a brilliant consideration.

Mr. Temporary Speaker, Sir, something has also been mentioned about the Office of the Registrar of Political Parties. I agree that it is an important Office. If you were to apply the law to the letter, this is something which we all know that there are certain things that we have not set right. A good example is the so-called big political party players that are in the country right now. I would like this attempt to reform or rather give strength to the Office of the Registrar of Political Parties. I look forward to a time where political parties will be challenged by the Registrar of Political Parties regarding a particular practice in a political party that is not in accordance with the law. Such scenarios would trigger political parties to conform failure to which they could run the risk of being deregistered. This can only happen if we give strength to such independent offices. I hope once this law is enacted, the Office of the Registrar of Political Parties will move with speed so that, in future, we may look back---

We all know this. Somebody one time said that a life that has not left a mark was not worth living. We live our lives in phases. We happen to be in the Eleventh Parliament as Members of the Senate. This is one of the best gifts that we can give to this country because we know what politics means to us, as a nation. We are a politically active nation. We are a country that is best known the world over that immediately after a campaign season, people who want to run for offices in the next election begin campaigning after a short while after assuming office. We should set a few ground rules that will give good direction and guidance to political parties. If we do that, probably in another 10 of 15 years, we will be talking about two or three major political parties that have been there for a long period of time and have espoused certain values. For that matter, I will be proud to say that I was a Member of the House that enacted the law that finally dealt with the challenge that Members of the political class used to face for a long time. We will all be happy that we were part of the team that gave direction and leadership and showed people how to run good and mature political parties in this country.

Mr. Temporary Speaker, Sir, for those reasons, I beg to support.

Mr. Temporary Speaker, Sir, I rise to make my contribution to this Bill. I would like to repeat my previous statements with regard to the work that we are doing as the Senate vis-à-vis what is happening at the National Assembly. This Bill was developed recently yet a similar Bill by Sen. (Dr.) Khalwale that we started debating on in 2014 still remains on the back burner. I want to repeat what I

detriment.

Mr. Temporary Speaker, Sir, when I read this Bill, the question in my mind is whether we are making any progress as a country on what the drafters of the Constitution wanted, in terms of how political parties should operate under Article 92. I have no doubt in my mind that the purpose of this Bill is primarily to cause a merger of political parties in the Jubilee Coalition and nothing more. I will still ask a question regarding Clause 5(7) which states that where a party merges with another political party, a member of a political party that has merged shall be deemed to be a member of the new political party. How does this clause go back to Article 1 in terms of the persons who elected us determining which political vehicle we should be in? What happened to the proposals in the Constitution that where a member is unhappy with their political party, they go back to the people who elected them to seek for a mandate? Whether this Senate agrees with this clause, as far as I am concerned, it is in violation of the spirit of the Constitution for a political party to merge and its members to vacate their political party seats without seeking the permission and consent of the people who elected them. We are violating the Constitution for purposes of political expediency.

Mr. Temporary Speaker, Sir, we have similarly, in an attempt to---

On a point of order, Mr. Temporary Speaker, Sir. I really do not wish to interrupt Sen. Mutula Kilonzo Jnr. because he always makes a lot of sense. However, would he point out which specific constitutional clause is being violated as he alleges?

Mr. Temporary Speaker, Sir, the late Hon. Seroney was famous for saying that “you do not need to substantiate the obvious.” The obvious thing under this Constitution under Article 1 in terms of representation and the spirit under Articles 91 and 92 and the chapter on Elections, is that the persons that put us in political parties are the voters. So, we cannot ourselves, as leaders, determine that we can change political parties without their consent. If I need to elaborate something so obvious, then we are doing the wrong things even as lawyers.

Mr. Temporary Speaker, Sir, the contract between us and the people who elected us is the contract that you are in a certain political party. The clause that suggests that you can change that political outfit into another one – I am entitled to an opinion legally – violates the Constitution.

I was going to yet another clause. The amendment in Clause 15--- Sen. Mutula Kilonzo Jnr., is it your point of argument and that you are not reading a specific clause?

Mr. Temporary Speaker, Sir, no. I am not reading a specific clause. However, I have just said that the spirit under Articles 91 and 92 of the political parties is the consent that we have been given by the voters. When we change that consent, just like a normal client-advocate relationship, or any other relationship of that nature, you must seek consent.

Clause 15 of this amendment suggests that Section 21 of the principal Act is amended. They have now brought in a new Section (J) which speaks of Article 81 (b) of the Constitution. Sen. Sijeny alluded to this. As from my reading of this amendment, I am

81(b) of the Constitution is very clear. It reads:-

“The electoral system shall comply with the following principles:

On a point of order, Mr. Temporary Speaker, Sir. Sen. Mutula Kilonzo Jnr. should have cared to read the Political Parties Act as it is. Does he have a quarrel with the amendments or the Act as it is? The issues he is raising are in the Act as it is.

Mr. Temporary Speaker, Sir, I am quarreling with the amendment that suggests that upon the merger of the political parties, the member who has defected shall be deemed to be a member of that new political party.

I have no objection with Clause 8, which states that members have an option of not going. I am not speaking of us; this is the political class deciding the bed they want to jump in. I am talking about the people who elected the Members and the benefit that they have. That is my quarrel with the amendment. I was speaking about the Public Service Commision where we are subjecting the Registrar of Political Parties. This is supposed to be a prefect of political parties yet we are subjecting him to yet another process and making him or her just another civil servant or another servant who is hired by the PSC and removing the process that is in the Fifth Schedule and Sixth Schedule. These Schedules exist to ensure that we have a Registrar of Political parties who is firmly anchored in the Constitution. If Sen. Murkomen, for example, disobeys the Political Parties Act and the constitution of his party, irrespective of the position he holds, he can be disciplined if I raise a complaint as a member of that political party.

I know that Sen. Murungi likes some of these amendments, but looking prospectively as opposed to what we want to do tomorrow and the day after before 2017, it is just clawing back on the principles of Articles 91 and 92. To that extent, I will not support those amendments that I have mentioned.

Thank you, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, thank you, for giving me an opportunity to contribute to this amendment. It is not long when we passed certain amendments to this Act. At that time, we were redefining the threshold for funding of political parties. What surprises me is that when you look at the bulk of legislative business that we have in this country, this is one Act that has attracted a lot of amendments. This is an indication that we seem to be obsessed with politics and party business rather than legislation on other sectoral issues that affect this nation.

the political field, we know that our brothers within the Jubilee Coalition wish to merge. A merger of political parties is envisaged in the existing Act and it is something proper. The existing Act only provides security for Members of Parliament and Members of County Assemblies (MCAs). To me, this is like tidying up legislation, so that when there is a merger, it is not only the MP or the MCA who is protected, but also the President, his Deputy and the governor as well. To that extent, it is okay. It is just that the timing and the speed with which it has been processed shows that it is a Bill that has got some high level backing. That is why it is moving that fast.

Mr. Temporary Speaker, Sir, there are other provisions and amendments that have already been articulated eloquently by my colleague, Sen. Mutula Kilonzo Jnr. I have one contention – and I concur with him - on the issue of transferring the role of dispute resolution or election primaries disputes resolution to the Registrar of Political Parties. That is the job of the Independent Electoral and Boundaries Commission (IEBC). If you go down history, you will realise that issues of disputes arising out of election primaries have been of concern and contention in this country.

On my way to this House, I attempted to go through a political party primary process. Despite my best attempt to ensure that I went through it smoothly, I came across ‘men-in-black’ along the way and the ballot boxes had to be dispersed in all directions. There was a dispute within the nominations. If we bring these disputes to the Registrar of Political Parties, we will be missing the point. We need to leave this responsibility in the hands of the IEBC, but make sure that we have a credible IEBC in place that is well facilitated and structured. This should be an IEBC which enjoys the confidence and trust of the public and that exists within a platform or a landscape with electoral laws, systems and procedures that are acceptable across the political divide.

Mr. Temporary Speaker, Sir, I want to talk about the issue of fidelity to the existing Political Parties Act. This Act has a section that talks about resignation. It goes ahead to say that if someone who is elected under a party ticket engages in certain utterances, actions and commissions, it might mean that, that person has resigned from that political party. My Chairman of the Committee on Agriculture, Livestock and Fisheries, who is also the one leading the merger of the Jubilee Parties, has just walked out. He has had some exchanges with a member of his party, who is strictly opposed to the position that the party has taken and is on public record as having opposed, to the extent of saying that he will form another political party.

Some of those utterances might amount to canvassing or promoting the existence of another political party. The Registrar of Political Parties has a responsibility to take action against such people. In my own political party, if we have a situation where the party has taken a position, for example, on Madaraka Day; saying that we are all Kenyans who appreciate that we got Madaraka, but as a party this is what we will do. Members of the party could decide to do something else and cite the issue of conscience. You can have conscience, but the law is also clear that when you go beyond what the political party has agreed on, then you are deemed to have resigned. Even as we amend this Act every other day, we need to make sure that we exercise some fidelity to the existing Act.

this House.

Mr. Temporary Speaker, Sir, my final comment - so that I can allow the Mover to comment on this - is on the process of consultation before merger. The Act is fairly docile on that. It says that parties can merge in accordance with their constitutions. Do we confirm that the constitutions represent the aspirations of the people? Do the constitutions have provisions that will take care of the concern that Sen. Mutula Kilonzo Jnr. has raised; that it is important that under Article 1, where sovereignty belongs to the people - when the people have elected their members on the platform or a ticket of a political party - the constitution of that political party still takes it back to them so that there is another way for them to affirm and agree that indeed the merger can proceed?

Mr. Temporary Speaker, Sir, we will have to converse and have some amendments to this particular Act. However, in general, looking at the principles, I support and I am happy that once this merger is undertaken, there will be a reorganization of minority and majority sides not just in the National Assembly and the Senate but also in the county assemblies throughout the country. I pray and believe that a lot of the people who are being cajoled to enter into these super parties shall opt to remain independent and that will tilt the balance of favour in many county assemblies. I also hope that it will tilt the balance in the Senate so that the Majority Leader can now become the Minority Leader because not everyone will follow him to the new party.

I beg to support.

There being no other interest to contribute to this matter, may the Mover reply.

Mr. Temporary Speaker, Sir, I beg to move and request under Standing Orders No. 54 (3) that you direct that the putting of the Question be deferred to tomorrow.

I so direct.

Hon. Senators, we have to defer Order Nos.18, 19, 20, 21, 22, 23, 24, and 25 because the Movers are not in the House.

Second Readings