Wednesday, 10th February, 2021

Hon. Senators, I have received Communication vide a letter dated 9th February, 2021, from the Office of the Senate Majority Leader, Sen. Samuel L. Poghisio, EGH, MP, regarding changes in the Office of the Senate Majority Whip.

The said letter was accompanied by the following documents -

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

What is your point of order?

Thank you, Mr. Speaker, Sir. I have noticed your Communication. As you have captured, there was a meeting yesterday and we were invited. However, if my memory serves me right, not all Members of the Jubilee Coalition were in the meeting. Be that as it may, we request your office to put the minutes that are attached to the letter of the Senate Majority Leader. This is because in the past, a similar process had been followed on the Majority Side.

In the case of Sen. Wetangula, you gave a detailed ruling with clear information. In the past case of the Majority Side, you said that you will give your ruling. We have been waiting for it patiently from May last year and it is now February, 2021. We still pray that you will make your ruling before August, 2022. We request your office to put the details at the Dispatch Box so that we can all access them.

Sen. (Dr.) Kang’ata is not here but I congratulate him for serving as the Majority Whip in the Senate for less than a year. He came in under circumstances that many of us do not agree with. However, he has done his job on behalf of those who asked him to, with a lot of passion. He is now wiser and has realized that no matter how much he works for these people and particularly when doing the wrong thing, it will never lead to any reward.

We had a lot of altercations with him in this Chamber during the debate on the Division of Revenue Bill among others. However, I am a democrat. I believe in doing things right. It does not matter that it was done wrong. I still believe that he should have been treated differently and given a fair hearing. The Jubilee side should have entertained an alternative view, particularly on a matter that is important as the Building Bridges Initiative (BBI) that is supposed to build bridges as we are told.

Mr. Speaker, Sir, Sen. Wamatangi, who is the new Senate Majority Whip, is my friend. When I went to get myself a wife and negotiate dowry, he was on the other side with the elders and he harassed me.

I ask Sen. Wamatangi to walk carefully because this can easily turn to be a hanging rope for his political career. This is because he is taking a position at a time that can easily be insinuated to mean that he is going against the popular view of his people of Kiambu. I want him to be re-elected. So, please, tread carefully. Walk with the hustler nation and your future is assured.

Mr. Speaker, Sir, I would like to further add my voice to this issue as an interested Member from the Majority Side of these changes that are continuously becoming regular. It has become like a musical chair to be a leader in this side of the House.

Therefore, my only point of concern is that, as legislators, it is time to have a discussion on how to handle the Political Parties Act. We had great debate last time when the Act was brought before this House in 2016.

We should give ourselves more power, with the exception of, Sen. Moses Wetangula, who is a party leader, I do not see anyone else who is a party leader here.

It is increasingly becoming clear that if you are a legislator elected on a political party and it gets to a point where you disagree, sometimes out of good principles and values that clash with what the party leader is pursuing and the people that you represent, you serve at a precarious position. Therefore, we need to find a common ground discussion where Parliament is insulated from the whims of politics that is sometimes not useful to the business of this House.

Mr. Speaker, Sir, for example, how do you expect a Member of a political party to oversight the Executive if any form of criticism against a Government policy is considered disrespectful to the party leader? That is something that the Majority and Minority Sides struggle with these days. It is time we criticized each other.

One many occasions, Members cast their votes without debating. This is because deep down, they do not believe the things that their parties are asking them to do. All of us have been victims of all these. So, now that we have gone beyond the phase of finger- pointing of saying you have done this or that, can we have an honest conversation as legislators? How will we ensure our responsibility as enshrined under Article 96 of our Constitution to legislate, oversight the Executive and represent our people without having to look back?

Party leaders should learn that in a county, there is no mechanism to establish, for example, in the case of Sen. (Dr.) Kang’ata how many people voted for Jubilee as a party and supported him and not the President or the President and not him. It is not easy to measure.

It is a wrong assumption to believe that since somebody is going for a higher seat, all of us benefited out of his influence in certain regions. It is a serious and candid conversation which the Committee on Justice, Legal Affairs and Human Rights should lead.

When it comes to the matter of determining parliamentary party leadership, we are in the days of BBI which I am not sure whether it will live to see the light of the day. However, if it does and becomes a reality where we will be a House of 94 Members for

the Senate, there might be infringement of small parties that have 15, 20 or 30 membership. How will we determine leadership positions or Committee chairmanship?

In the two Houses of Parliament that have existed post the current Constitution, it has been simple because we have always had a contest between two coalitions. However, we might get to a point where there will be three or four more coalitions and deciding the House leadership will become chaotic.

Mr. Speaker, Sir, party leaders do not legislate in this House. How can we legislate and give them powers for them to abuse the way it is being abused in the current session of Parliament? Let us give ourselves that power. Let us sit here and canvass with our colleagues. If they believe that you warrant to be the Senate Majority Whip, Senate Deputy Majority Whip, Senate Majority Leader, Chairman of a Parliamentary Committee or any other position, they will grant you that position. It should not be determined by people sitting at a particular hotel.

Yesterday, I watched in bewilderment the Secretary General (SC) of Jubilee Party saying that ‘we have decided’. Parliamentary leadership is my decision as a Member of Jubilee Party. It is we, as a Coalition who sit, as Members elected in this House, and decide who becomes a leader. As a way of democracy, we have no problem.

When you table the documents later on as has been requested by the ‘Senate Majority Leader, Sen. Murkomen’ we will get to know who supported it or not. That is democracy. However, what I find to be an insult to us, as leaders, and it is something that we have allowed to be perpetuated for long, is the issue where a small group of mandarins sits somewhere and reads out at a press conference and say, for example, from today, Sen. Mutula Kilonzo Jr. ceases to be this or that. It is unfortunate.

Mr. Speaker, Sir, I plead with my colleagues that at some point, let us have this candid discussion about how to ensure that as Members of Parliament (MPs), we determine leadership in this House without the intricacies of party leadership.

Okay. Those who are following, try to keep it brief because it is just a communication.

Sen. Mutula Kilonzo Jnr., proceed.

Thank you, Mr. Speaker, Sir. Of course, we cannot get into the details of what happened on the other side because we do not participate.

We congratulate Sen. Wamatangi, the Senator for Kiambu County, for his new position. I am happy because now he will be in the House often. He is going to suffer the woes of mobilizing Members to vote for Bills, like we did for his when he used to run away. So, now you will feel the pain of sitting here to get to 24 Senators to vote.

For Sen. (Dr.) Kang’ata, he became a Doctor (PhD) and Chief of the Order of the Burning Spear (CBS) while a Whip. I do not know but maybe I should advise Sen. Wamatangi to carry the name tag in his pocket as opposed to the door.

However, we raised what both Sen. Cheruiyot and Sen. Murkomen have raised, when the amendment to the Political Parties Act was done by Sen. Murungi, who sat where the Senate Majority Leader is seated. From the Committee on Justice, Legal Affairs and Human Rights, I thought there was a problem with the way the merger was done. Of course, I opposed. One of the people who told me to drop that amendment – I

had proposed an amendment – was the Senator for Mombasa County at the time. He told me; “Why do you not allow Jubilee Party to merge because this is the only way that you will break Jubilee Party?”

That time, it was made sarcastically. Right now, one of the governors is suffering out of the Security Laws Amendment Bill. We opposed it in terms of just detention unnecessarily for too long.

Whilst you are feeling the pain of some of the decisions that have been made, it is just advice that some of the things that we raise on the Floor – even if we are from the Minority side and you can see how stable we are – you were laughing at us at some point. It is not like we do not have our share of problems but we know how to manage them.

Please, do not write letters or speak candidly to the press. Just find a way of how you will handle your political party affairs in a better fashion. I do not think there is a way that Sen. Cheruiyot is suggesting that political parties can be managed on the Floor of the Senate. It is just impossible.

In other jurisdictions, in fact, the minute you vote against your political party decision, you are deemed to have defected. We are even better off where you can disagree with your political party; form a political party within your political party; wear a t-shirt of another political party; and, exist in that political party without defecting. It is only in Kenya where people can do that and walk around and say they have the liberty to do so.

We have abused the Political Parties Rights of being in a political party under Article 38. This is because if you disagree with your political party and ideals, and party leaders, it is also democracy to leave. You cannot be in both – you are in, out, in the middle, you are doing Pamoja, you are on a wheelbarrow. It cannot work that way. It is just impossible. It is not legal, moral or godly.

Sen. Linturi, proceed.

Thank you, Mr. Speaker, Sir. I do not think Sen. Mutula Kilonzo Jnr. is being very honest. This is because he is giving us examples which, in my view, are irrelevant at the time.

An Hon. Senator: Yes.

Mr. Speaker, Sir, I would agree with him on developed democracies. Development of democracy in Kenya is still evolving. The aspect of political parties and the place they are supposed to sit in the development of our country’s political system and democracy is completely different. That is why I do not want to agree with him.

We have adopted a cut and paste kind of system when we are making legislations, without understanding that some of those issues that we pick from certain countries may not fit in Kenya.

Mr. Speaker, Sir, an example is the Political Parties Act of 2011 that we came up with, with Sen. Mutula Kilonzo Jnr. I have been around long enough as an MP and was there when we passed that legislation.

In Section 24 or 25, I remember very well we came up with the aspect of funding political parties. We said political parties would be funded from the exchequer; from

public funds. The reasoning was that we wanted them to run away from the old system where the Kenya African National Union (KANU) or political parties belonged to individuals. So, it is funded from public coffers so that they can be owned by all citizens.

You would expect leaders of political parties to be more civilized than they are today. However, they have taken that advantage of the trust we had in them to completely make these political parties tools of dictatorship. This is why we are suffering.

If we do not rise as a Parliament, raise these issues and see how we can inform changes to certain legislations, then parliamentary democracy is under attack and the oversight role of Parliament is under attack.

When the Parliamentary Powers and Privileges Act was passed, it was to enable us speak out our minds here, criticize Government and say anything with immunity. That way, you would not watch over your shoulder when discussing or contributing on matters that pertain to the public.

Mr. Speaker, Sir, this is not happening. MPs are afraid of raising issues because the next day, agencies of oppression that are being used by the current system of Government will come after them. These agencies are the Kenya Revenue Authority (KRA), the Directorate of Criminal Investigations (DCI), and the Ethics and Anti- Corruption Commission (EACC). So, Members are not free.

If we do not see how to address these issues, we have a problem as a Parliament. Time has come when we must rise up to the mere realities of life and understand, yes, it is true we are democrats.

Yesterday, I attended that meeting that you are talking about. The person who was trying to lecture us is a Secretary General (SG) who serves at the behest of the President. As Senators, we are not subject and we do not serve at the pleasure of the President. We recognize the leadership of the Senate as a leadership of the Senate that is supposed to be put in place by Senators.

However, when somebody whom we have never seen, a chairman of a party, an SG who does not even, first of all, address the issues that we have raised before--- We conduct a meeting and while there, it is necessary for us to table the documents that were sent here and we find ourselves to be 24 in the room. Ten of the Members refused to sign the resolution because they did not agree with it. We were then told that a list was brought here. How could you have signed a resolution in a meeting you never attended?

Mr. Speaker, Sir, Parliament is supposed to act or be seen to be open. One of the ways of trying to open Parliament to the public is by what we did when Hon. Marende was Speaker. He made sure all proceedings were broadcast live and the public would attend.

In this case, let us know who came here and who signed these documents for purposes of record. When history is written, people will know some of us said the truth. They will know that despite the oppression, threats, intimidation and blackmail, there are people that can stand up for the truth.

Sen. Wetangula, proceed.

Mr. Speaker, Sir, we are living in very interesting times. When you see the Senate Majority Leader, the distinguished Senator for West Pokot sitting quietly there, it is out of experience.

He once walked to Parliament, attended a sitting and the next day, he was not a Member of Parliament out of a Parliamentary Group (PG) meeting. He and my great late friend, Francis Loile Polisi Lotodo, were just labelled as carrying out war-like activities without evidence and were dismissed from Parliament.

We have come a long way. Today, the political landscape of Kenya is helter- skelter. It is like the Tower of Babel in the Bible. Nobody hands over what they have been asked to hand over. You are asked for a spade and you give a brick. You are asked for sand and you give cement. That is going on and on.

It is only in Kenya where people are elected on a party, take a totally different trajectory and enjoy the perks of that party and nothing happens. If we do not have party discipline in this country, we can as well say bye to democracy.

Love him or hate him. When Raila Odinga disagreed with Michael Wamalwa Kijana in the party that I lead, which is FORD- Kenya, he reconsidered his position, resigned and went back to Kibera, then called Langata, and sought a new mandate on the National Development Party (NDP) .

Today, we do not have any single politician in this country with that courage. People want to enjoy the comfort of the day and the night at the same time. It cannot work and it will not work I urge you, Members---

Tomorrow, my good friend, Sen. Murkomen, might be a party leader. In fact, I can see him really struggling to be the heir apparent to Ruto’s position in the community. When you get there, just know that discipline, said Shakespeare, is the key to everything. Even robbers must be disciplined to succeed. If they are not, they will not succeed.

Mr. Speaker, Sir, I want us to take a new curve in the management of our political affairs in this country. It is only in Kenya where we coalesce as parties. The Constitution provides for a fund for parties but one dominant party takes the money. For example, when Wiper, FORD-K and Amani National Congress (ANC) parties ask for their money, an upstart young man in the party tells us that our parties are ticks, leeches and parasites on the back of their party. That is the height of the infamy and it is tolerated.

I congratulate Sen. Wamatangi. I believe that his new position will give him a reasonably enhanced level of tolerance to debate in the House because he has been previously one of those that whenever you talk about the Government, he behaves as if he is being electrocuted. You know he is just busy jumping.

Mr. Speaker, Sir, as I finish, on a serious note, if we do not instill discipline and decorum in our parties, we can as well say bye bye to multiparty democracy. If you do not, the pretense that because you belong to a different party and therefore there is democracy is fallacious.

Let us have discipline. Let us have candor and commitment. Let us have self- respect and respect for the public and institutions. Above all, let the leaderships of parties also respect and uphold freedom of expression as enshrined in the Constitution.

I thank you.

Mr. Speaker, Sir, let me begin by thanking those who have spoken on this matter. I also thank the House for the messages of encouragement about how we should all be disciplined and uphold democracy. Those who have ears should hear.

I would like to use this opportunity to congratulate the new Senate Majority Whip. On behalf of our side, congratulations, Sen. Wamatangi, Senator for Kiambu. You are now responsible for making sure that the House is in order and Members of this and the other side work together.

Mr. Speaker, Sir, Sen. (Dr) Kang’ata who is leaving joined the leadership the same day like me. Now that Sen. (Dr.) Kang’ata is gone, anybody else--- In Kiswahili they say; “If you see somebody being shaved, begin to put water on your head.”

It is all about how we are trained and I think we are trained differently. I have experience in these matters as you heard. I have withstood the storms of politics many times. Therefore, I am ready.

Sen. (Dr.) Kang’ata should have listened to himself and thought about it but he was misled by a group of people to think that there is immunity. When he was asked to appear before the party, he was misled again not to appear. These are some of the issues you must weigh because you may mislead somebody and cause them problems.

As we all know, Sen. (Dr.) Kang’ata did his job well. Until recently, he did his job well for this side. So, I congratulate and wish him well. The good thing about leadership is that if you are elected, you are not going anywhere because you are still the Senator for a county. Therefore, it is not a downgrade to be a backbencher. That is okay.

I just want him to understand that he can still work while keeping the same courage he has and continue saying what he wanted to say, only that he is not a leader of this side.

The new Whip is also is a seasoned politician. We know him and he represents a large community. He comes from this area, generally, including this city where he is very well established. We have spoken to him about how to bring people together, and I am sure that he is very versed with that.

On behalf of the leadership - the Jubilee leadership and the Minority leadership - we want to welcome Sen. Wamatangi on board. We will give our best support to him and encourage him. He has already started work today. In fact, he should find his rightful seat and begin to occupy it, so that he begins work immediately.

I want to encourage Members that we all have our interests. We work together across the aisle. We must begin to see how to bring order in this House. Let us respect

each other. Mostly, let us try to respect our Chair, the Speaker, and each other during debate. I think we can show that this Senate is the Upper House in this country.

Thank you, Mr. Speaker, Sir. God bless.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to add one or two comments. First of all, we must appreciate the fact that we are here courtesy of different parties that have given us opportunity to serve in this House for a certain time, whether you are elected directly or elected by the party, like some of us.

I believe that there are institutions. All institutions must have rules and regulations that guide them. Even in the smallest unit, which is the family, taking mine as an example; my family is an institution that is run by rules and regulations. You cannot do some things in my house because you will be told “mama alisema.” That means that there are some things that cannot be done. That is just a small unit, in fact, the smallest.

We have the Government and Parliament, which are big institutions. Parties make us come to this Parliament. In my view, all of us are Members and can serve in any capacity. However, if you serve to represent a party, it is critical.

If you look at the Orange Democratic Movement (ODM) as a party, you can say anything and use any word on us. You can demean us in any form, but we are so steadfast in how we do our business and support our things that we do not have issues. We will have issues with other parties, but within ODM, we are so steadfast and behind our leader. I think that is why we are the longest serving and the biggest party in Kenya as far as this dispensation is concerned.

I want to urge my brothers and sisters that I cannot sit here and say that I am a Member, but cannot obey our rules. Before we point fingers, I do not have any problem with Sen. (Dr.) Kang’ata. A few times, Sen. (Dr.) Kang’ata made some statements that, to me, were just off. You would wonder which side of the House he was in; whether he was acting for his party or himself. I had a problem with that, and I am allowed to speak my mind because that is what I observed. I do not think that he was serving the party in the best way possible.

If the party has decided to replace him, that is not a discussion for us in this House. The Speaker has made a ruling and we should let it be and move forward. That is the problem of Jubilee Party and they can do it.

Sen. Wetangula is also putting his house in order. Everybody is putting their house in order. I think of late there are people who have seen the door, he is planning; some people are about to see the door; he is in the process. He may ask some of us to show him the best and easiest way to do it. Sen. Wetangula, you can consult some of us. We will help.

I congratulate Sen. Wamatangi. He is equal to the task and is going to do his work. We believe that he will be fair. Your side is already crying and they should not do so because from where I sit, I know that you know your work and you will be very rational in the way you do things and look at debates.

As a senior House, we should disagree in our debates, but in a proper manner. We should not be shouting at each other. Sometimes we let ourselves and this country down.

Senators, I want to urge you that even as we start this year, please, let us think and know that we are representing Kenya and 47 million Kenyans. Wherever they are watching us all the time, let us show that we are people of decorum and we can disagree in a manner that respects this House.

Thank you, Mr. Speaker, Sir. I congratulate the Senator for Kiambu, Sen. Wamatangi.

I am only going to allow one on either side.

Mr. Speaker, Sir, I join colleagues in congratulating the new Majority Whip, Sen. Wamatangi, on his election as the new whip of Jubilee. I fully associate myself with the sentiments that other Members have made with respect to political parties.

I thank Sen. Kang’ata for the work he has done. Sen. Kang’ata is a very jovial and well-intentioned man. I think for the short stint he has had, he has been able to try the best that he could have done in the position of Majority Whip.

I am not more experienced than---

Please, consult in low tones.

Mr. Speaker, Sir, I was saying that in the short stint that he has served, Sen. (Dr.) Kang’ata tried his best. We may not have agreed with his methods sometimes, but he benefited from being able to speak to every individual whenever we had issues where we did not agree.

Because of that, I want to encourage Sen. Wamatangi to caucus. What we have seen in the past year and further, is what works in this House, because we are a small House. Persuasion, consultation and respect will always trump ‘kifua’ and intimidation because there are no children in this House. There are caucus rooms.

Sen. Wamatangi, you remember that I was your Chairperson in a party. Whenever there are issues, bring people together. Party position is never the opinion of an individual. The party position will never be Sen. Wamatangi’s opinion, Sen. Poghisio’s opinion or the President’s opinion. A party position in an established democracy is where you sit as Members and discuss an issue. Once the issue has been discussed, then you have political responsibility to stick to what the majority or the party has agreed on. We would like to encourage you because we want to pledge to support the work that you are going to do.

Finally, it is almost unfortunately poetic that the same words that Sen. (Dr.) Kang’ata used in removing Sen. Kihika are the same ones he was trying to use yesterday. I have consulted the HANSARD because he was asking for the charges and the reason for his removal.

Mr. Speaker, Sir, if you look at the HANSARD on 22nd May 2020, Sen. (Dr.) Kang’ata said:

“Mr. Speaker, Sir, Sen. Prof. Kindiki told me he would want a written document from the party. However, to me, that is neither here nor there. When the

party was appointing or supporting him for that position, it did not give him a letter. Jubilee Party did not frame any reason as to why they gave him that position; it was an issue of confidence.” As we go ahead and even in your position, Sen. Wamatangi and Sen. Poghisio, be careful. What you do will be done to you, and things change. When you make any rules or any moves, just assume that you worst enemy is in the position to do the same to you. So, be gracious and kind.

Order, Senators! Let us consult in low tones.

I hope that Sen. Poghisio has heard because he is the one who told us about putting water on the head. Be very careful because you might be shaved, and we hope not because we like your leadership. However, be gentle and in the small politics that I have done in my young age, never ever burn a bridge. Do not burn bridges. You might need to walk back on the path that you have come.

Thank you, Mr. Speaker, Sir. Congratulations, Sen. Wamatangi.

Thank you, Mr. Speaker, Sir.

Order! Order! Consult in low tones. I hope you are not talking about the caucus.

Mr. Speaker, Sir, I join my colleagues in congratulating Sen. Wamatangi on his appointment as the Senate Majority Whip. I would also like to thank Sen. (Dr.) Kang’ata for the time he served as the Senate Majority Whip. He did his best by whipping Members to pass Government agenda in this House. I wish him well in his future endeavours.

I want to make a comment on what people have been saying about owners of political parties. In the Political Parties Act and the Constitution. Political parties belong to members. That is why there is a provision for political party funding, so that parties do not belong to individuals. Whereas the law had indicated that to meet the threshold for funding, parties need at least 2 per cent---

Order, Senators! Let us consult in low tones.

Whereas the law had indicated that to meet the threshold for funding, parties need at least 2 per cent of votes, five Members of Parliament and at least 20 Members of the County Assembly (MCAs) ; these Members of Parliament changed the law when we had the National Alliance (TNA) and the United Republican Party (URP) parties. They changed the law and made it impossible for other parties to be funded. They moved the requirement from 2 per cent to 5 per cent, from five Members of Parliament to 20 Members of Parliament and from 20 MCAs to 40 MCAs. They changed the law not

just ‘either, or’, but that you must have 5 per cent and 20 MPs and 40 MCAs. Therefore, it became difficult for other political parties to get funding and true owners of the party to go to members.

Very soon, we will be changing the electoral laws----

Order, Senators! There is loud discussion. Please, consult in low tones.

Mr. Speaker, Sir, I am winding up. There will be a change or review of electoral laws in the coming days. Let us be careful as we make changes so that some changes will not come to bite us. Let us make laws that are for everybody even for your worst enemy because it will come back one day to bite us. The change in the political parties funding law has come back to bite some of you.

Sen. Farhiya, proceed.

Thank you, Mr. Speaker, Sir, for giving me the opportunity to contribute to your communication. I agree with everybody that we have to be nice to each other. We have many Bills which have been returned from the National Assembly. We need everybody to pass those Bills because some of them are our own as individuals in this House. Unless we cooperate with each other, the Bills we have worked so hard to produce will go down the drain for nothing. Party issues belong to the party. In terms of individuals, let us be human before anything else.

It is natural that if somebody trusted you with a responsibility to make sure you are loyal to the person because they trusted you first. This is a common sense. Lately, we have been having a lot of political rhetoric in this country. People talk and citizens will listen to leaders. We have to be careful on how we address them.

Today, you might have a goal to achieve political leverage. However, if you are fighting to be the President in 2022, reflect on whether there will be a country by that year. This should be a priority. Some of us do not have another country. We belong to this country and we must protect it all cost.

Mr. Speaker, Sir, let us not let down the citizens who have entrusted us with positions on whose platform we can say all the bad things. Please, return the trust by speaking about the good things. At the end of the day, we are all Kenyans. Nobody is ‘more Kenyan’ than the other. In 2022, Kenyans are intelligent enough to elect their choice depending on what we say.

The biggest battle in this country that will make a difference to the lives of the poor, including me and you, is to fight corruption. Corruption drains the coffers of this country. Therefore, take services and money to the pockets of the poor.

I congratulate Sen. Wamatangi for a well-deserved win. He is a diplomat. He engages individuals and handles his issues in a diplomatic way. Other than the revenue sharing debacle, the rest of the things he is diplomatic. I have no doubt in my mind that he will bring cohesion. I am glad that I will be serving with him as his deputy.

Hon. Senators, let me give this opportunity to Sen. Wamatangi.

He is a diplomat!

Thank you, Mr. Speaker, Sir. On such an occasion, I want to confess that I had not prepared an acceptance speech.

Be that as it may, I take this opportunity to thank all the Senators for the goodwill messages conveyed here by Members of the Senate from both sides. I thank Senators who were with me yesterday in our discussion in our Parliamentary Group (PG) who showed confidence that I can serve with them.

I want to confirm to Members of this House that I am under no illusion that the job that I have been asked to do for the Senate is an easy one. Though it is not easy, I have also clarity of mind on what I need and do not need to do. I draw that from the experience I have had from the year 2013 when I was first elected to be a sitting Senator in this House.

It is my believe that any feather added to your hat should only make you a better person and bring out the best version of yourself. In so doing, I realize fully that in the cause of building consensus with the Members of the Senate, finding agreement all the time and ensuring that we walk the journey together is the best way forward to prosecute our business.

I assure my colleagues like Sen. Murkomen who I do not know whether he is still in the House--- As he said, he is my son. I gave him a wife. I sat in the place of his father- in-law.

It is not in the place of a father to hurt a son. Wherever he is, I want him to rest assured that I will be modest.

Mr. Speaker, Sir, because I do not want this to be a length-less speech, I just want to summarize by assuring Members of the Senate from both sides of the House that I would seek to build consensus all the time and consult with my colleagues.

I am fully aware that this House that we have been in since that time, requires not only to project its best image, but we have to ensure that we earn the respect of the country. We should also ensure that what we say and do will bring out that picture.

Mr. Speaker, Sir, lastly, I also understand what the role of the Whip is; it is not to divide people, it is not to rejoice in the suffering of other Members, but to ensure that this House passes laws that are good for the country. It is to ensure that this House amends laws which require amendments to become better laws. It is also to reject laws that are not good for the country while doing that together as one. That is what I would seek to do.

Mr. Speaker, Sir, I also want to thank you. I am sure that in my role as we work together in leadership and the rest of the leadership of the Senate, we shall eventually come out better people. I will not be carrying my name tag in my pocket as Sen. Mutula

Kilonzo Jnr., suggested, but I will hang it on the wall of my heart to ensure that the day when I exit that position, people can only say that I did my best and did it well.

Mr. Speaker, Sir, to my friend, Sen. Wetangula, I hear you and I hear your advice. I want to assure Sen. Wetangula that maybe any one time when he may have seen that I was acting as though I am being electrocuted, sometimes it is the fire that burns inside you.

This is because as Abraham Lincoln said many years ago, it is our belief that a government of the people, by the people, for the people shall not perish on earth. Every time when you saw that I was agitated about something about the Government, it is because I believe it is about the people. That is how we are going to move, Sen. Wetangula. I want to assure you that you can expect from me that I would be not only fair but right.

Mr. Speaker, Sir, I want to accept and thank all the Members of this House. I will do my best to make sure that we have got a Senate that is respected, passes good laws and one that is more united than when we came in.

Thank you very much, hon. Senators. A few requests were made to the Speaker. The documents that were presented to me are not confidential. They are documents that can be seen. So, they will be availed for those who want to see.

As you know, the Speaker does not belong to any political party. I only convey what I have been given by the leaders of the various political parties. Whether they held meetings or not, that is not my business. My business is that I trust that what I am brought by the leadership is a true record of what exactly happened. So, thank you for your contributions.

Next Order. Proceed, the Senate Majority Leader.

Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate today, Wednesday, 10th December, 2021-

Report of the Auditor General on the Financial Statements of the County Executive of Kisumu for the year ended 30th June, 2019. Report of the Auditor General on the Financial Statements of the County Assembly of Wajir for the year ended 30th June, 2019. Report of the Auditor General on the Financial Statements of Wajir County Executive for the year ended 30th June, 2019.

I thank you.

Next Order. Proceed, Sen. (Dr.) Milgo. Your microphone is off.

Thank you, Mr. Speaker, Sir. This was a Motion on establishment of day-care centres in the counties. This Motion was coined on the premise that researchers--- I have already given a Notice with this one.

Give a Notice of Motion.

Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motion -

THAT, AWARE THAT, Constitution of Kenya, Article 53 affirms that children have basic rights, including the right to education, nutrition, shelter, health care and parental care, provisions that are aligned with those cited in both the Convention on the Rights of the Child and the Africa Charter on the Rights and Welfare of the Child, to which Kenya is a signatory;

CONCERNED THAT, the current status of day care facilities in the country are not child friendly or habitable and there is need to bridge this gap to capture the play group class in the new 2-6-3-3-3 curriculum that is replacing the 32 year old 8-4-4 system;

ACKNOWLEDGING THAT, most working parents lack quality day care facilities, as the playgroup is a safe place for them to take their children while they are at work;

NOW THEREFORE, the Senate urges that the Council of Governors (CoG) in conjunction with the Ministry of Education ensure that:

a) Counties allocate at least ten per cent of their budget on Early Childhood Development Education (ECDE) towards this vulnerable group; and,

b) Policy is developed to incorporate the needs of children who are less than three years of age. Thank you.

Sen. Kasanga. Seemingly, she is not in. Next Order.

Sen. Dr. Mbito.

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.47 (1) , to make a Statement on an issue of topical concern, namely, the need to check the quality of salt in the market.

Mr. Speaker, Sir, Kenya is one of the countries where people are unknowingly consuming some good amount of micro plastics in table salt, according to a study. This is worrying given the widespread and high consumption of salt locally, and considering that the World Health Organization (WHO) recommends a daily consumption of at least five grams by adults.

Mr. Speaker, Sir, the study by the University of Queensland, Australia, and the Federal University of Technology in Nigeria, further shows that also affected could be seafood, which still finds its way to our tables. While this is the first time a study is confirming the presence of plastic in table salt used in Kenya, it should be an eye opener on how we should dispose plastics and take care of the environment.

Mr. Speaker, Sir, indiscriminate use of plastic, haphazard disposal and the dangers these pose, prompted the Government to impose a ban on single use plastics in

I do not see any interest.

Sen. Outa.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.47 (1) , to make a Statement on the ongoing demolition of properties and evictions in Kisumu County.

Traders and families in Kisumu County have for the last six months gone through horrendous moments. This follows continuous and unplanned demolition of houses, places of worship, and business structures by the county government of Kisumu and Kenya Railways.

The demolition was on the stretch from the Koru-Muhoroni-Kibos-Kibuye- Juakali-Otonglo-Lela in Kisumu West. Locals are really crying for their lost investments. The current county government as I know was voted in office to provide an environment for business to thrive, but instead they have gone wild on the people who for voted them by destroying their livelihood without providing alternatives.

Mr. Speaker, Sir, the people of Kisumu are not against development being initiated by the county or the national Government. They are instead calling for structured dialogue towards the implementation of such projects, which will ultimately benefit them.

There are however standards and guidelines on how to effect evictions that both the Kisumu county government and Kenya Railways have failed to adhere to. The two entities failed to work on a resettlement action plan and we would request that when they are destroying these houses and properties, they must follow the rules and regulations.

Mr. Speaker, Sir, the rights of members of the Nubian community - this is a sub- community that has been living in Kisumu for many years - were ignored as one night, bulldozers descended on their houses in the middle of the night, leading to the loss of lives, livelihood and property, consequently, they are undergoing untold suffering. That is why I stand here today to ask you to commit this matter to the relevant Committees.

From what we have seen in the last six months, it appears like the Kisumu county government and the Kenya Railways are on a spree. The livelihoods of the small business people in Kisumu have been affected. They have suffered under the hands of the people who they elected to be their leaders.

Mr. Speaker, Sir, today we can count over 15,000 small businesses that have no place to do business in Kisumu because the county government, under the leadership of Hon. Peter Anyang’ Nyong’o, have decided that they want to build Europe and ignore the plea of people during this difficult time of the COVID-19 pandemic. We have seen that the small businesses like mama mboga have got no place to go.

More so, they have gone to the places of worship. Churches were brought down with no plans, and they do not even have funds. Of late, I have heard calls from across this nation from the Muslim community---

Senator, you need to conclude, you are now debating a Statement.

Mr. Speaker, Sir, I will do so. They have destroyed a mosque that has been there for over 60 years and there is no alternative. That is why, as I conclude, this is a matter of urgency and we need the Speaker to form this Committee to move on the ground as a matter of urgency and national importance.

I thank you.

Sen. Nyamunga.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to make a few comments on the Statement that has been brought by my colleague, Sen. Outa. Nobody is in dispute of the fact the Kisumu should be developed. That is the desire of everybody, not only people from that region, but all over this nation, because want to be seen to be progressing.

Nairobi has come a long way. Even in Nairobi, we used to have the traders all over the streets. During the time of Mr. Gakuo, he is the one who cleaned up Nairobi. However, the way it was done, he was not bringing down buildings. The people who Mr. Gakuo fought to remove from the Central Business District (CBD) of Nairobi were people who were coming and doing business in the city center on the streets.

Mr. Speaker, Sir, the state in Kisumu is very unfortunate, because for years, these people have been given the opportunity to be where they were.

If the governor or the county government of Kisumu wants to clean Kisumu and make it look like any other city in the world, it is okay. However, what do you do with the people that have been there, who have been eating from their small businesses?

The problem I have with that is the way it is being done. In fact, the most important thing the county government should have done, first of all, was to find a temporary place and place people and then move them step by step. You can decide to move people from this Chamber, do it properly and then move people back, but not just waking up from nowhere.

Whether they were given a notice or not given, it is unfortunate. It is very unfair. It is being done at the wrong time.

When we were in Kisumu over the weekend, many demolitions were done, which is very unfortunate. In fact, I was even afraid to go and approach the people. This is because they can even stone you. These are people who live hand to hand. If they do not trade for a day, it means that that day they cannot eat. Such people, if you have to resettle them, you have to be careful on how you do it. Nobody can just come in my domain and throw me out. It is not good. It is not acceptable. The way it is being done, is wrong. It is inhumane. People must be treated properly.

When governments are put in place, they are put in place to make their people better, to improve the lives of their people, but you cannot put a government in place to come and destroy you. It means that you do not need that government. Therefore, the county government of Kisumu is doing the wrong thing; the way they are doing resettlement and demolition of structures. Yes, structures must be demolished, but the way they are doing it, is wrong. It is inhumane and something has to be done. If it is left this for another one year---

We still need Kisumu. I understand Kisumu will host the Africities Summit. Africities is a very big conference coming to Kisumu next year. Yes, the city must be done to those standards, but what do you do with your people? If you become a President, do you throw your children out because they are dirty? They cannot sit with you on that table. They cannot sit with you with other presidents. It is wrong. What we are doing to our people is wrong.

I think this Senate should not sit and just wait for the people to suffer. It is wrong. Fellow Senators, we have been talking about it. We have been crying and people are crying out there, but nothing is being done. Demolition is going on and people are suffering. It is unfortunate during this time of COVID-19 when our people are suffering so much.

Mr. Speaker, Sir, I thank you and want to congratulate my Senator for bringing this Statement on the Floor of this House.

Thank you, Senator. Sen. (Dr.) Ali, kindly, proceed.

Thank you, Madam Deputy Speaker. I wish to thank the Senator for Kisumu County for bringing the plight and problems of his people to the Senate.

Madam Deputy Speaker, I saw what happened in Kisumu over the Television (TV) . I was surprised and shocked. That was very bad. If it was the county government of Kisumu which did that, they do not deserve to be in that position. You do not harass the people who elected you to that level.

The Nubians suffered in Kibera. Their houses were demolished. Now, in Kisumu again. This is not fair. These people have been here for hundreds of years and they are not proper citizens. They do not have anything. They do not have Identity Documents (IDs) . The houses in those areas were given to them by the colonial government. How do you demolish a 90 years old mosque? This is very sad. It can even bring tensions within the communities unnecessarily. These people are part and parcel of the Kisumu community. They have lived with them in Kisumu and they are part and parcel of the Luo, literally. When you target a certain minority group to that level---

I am sure they are not the only ones who live there. There are other members of the Kisumu community who live with them. This is very sad. I wish to support the Statement by the Senator. I hope this House takes action.

Thank you.

Thank you. Sen. Farhiya, kindly, proceed.

Thank you, Madam Deputy Speaker. A building that is 90 years old is a heritage that governor (Prof.) Anyang Nyong’o should have protected. Not only is it a religious monument, but it is also a heritage for Kisumu County.

Therefore, governor (Prof.) Anyang Nyong’o is somebody with foresight. However, on this one, he messed big time. This is because the Nubian community are a minority in Kisumu. I am sure that because they are Muslims, they are also minority. Therefore, they are double minority. For you to destroy a mosque that they have had for 90 years, that is telling these people that you do not even belong to this country.

Madam Deputy Speaker, when development is being done, it should not be at the expense of other people’s life and livelihood. These people are the same people who elected you as the governor of Kisumu. What kind of a monster did I elect? This is because, for me, this is somebody who is destroying the people who elected him.

I wish to thank the Senator for Kisumu County, Sen. Outa, for bringing this Statement. If he had not brought it, even us who belong to the Islamic Faith would have wondered what is wrong with the people of Kisumu. I am glad that the Senator for Kisumu has categorically stated his position. I respect you for that. I also wish to thank Sen. Nyamunga for condemning that heinous act that this governor has committed.

Madam Deputy Speaker, this kind of action should not be allowed by any democracy or any person who feels---. I actually saw a picture of a person who was calling for prayers on top of stones that had been demolished. That shows you how faithful these people are, but you have destroyed the faith they placed in you because they elected you as their governor.

I thank you for giving me this opportunity.

Sen. Sakaja, are you on a point of order?

Yes.

What is your point of order?

Madam Deputy Speaker, I was on a point of order, but Sen. Farhiya has finished. I understand the passion and pain and I also condemn the demolitions which are not done in a humane way. However, some words used are not parliamentary and need to be withdrawn.

If I heard right, Sen. Farhiya said: “What kind of a monster did the people of Kisumu elect?” Referring to a governor as a monster cannot be on the record on this House. It is not parliamentary. It is not right despite what has been done. I would ask that you rule that she withdraws that term. It cannot exist in our HANSARD.

In any case, according to our Standing Orders, to discuss the conduct of a governor, needs a substantive Motion. While we condemn the act and condemn what has happened to the people--- This is because, even in Nairobi some of the demolitions are very inhuman. If we have such statements, let us moderate the words that we use.

Thank you. Senator. Sen. Farhiya, which monster were you referring to?

“What kind of a monster did the people of Kisumu elect?” Referring to a governor as a monster cannot be on the record on this House. It is not parliamentary. It is not right despite what has been done. I would ask that you rule that she withdraws that term. It cannot exist in our HANSARD. In any case, according to our Standing Orders, to discuss the conduct of a governor, needs a substantive Motion. While we condemn the act and condemn what has happened to the people--- This is because, even in Nairobi some of the demolitions are very inhuman. If we have such statements, let us moderate the words that we use.

Thank you. Senator. Sen. Farhiya, which monster were you referring to?

Madam Deputy Speaker, I wish to thank Sen Sakaja. I withdraw that word.

Madam Deputy Speaker, let me take this opportunity to support Sen. Outa’s Statement. Let the House know that this is not an issue that has only happened in Kisumu County. This monstrous demolition also took place in Trans Nzoia County. We now have over 20, 000 people who are destitute.

We had a situation in Trans Nzoia where the Kenya Railways came and started demolishing houses without notice, and the people whose buildings we being demolished had running leases. These are the issues that ---

Madam Deputy Speaker, let me take this opportunity to support Sen. Outa’s Statement. Let the House know that this is not an issue that has only happened in Kisumu County. This monstrous demolition also took place in Trans Nzoia County. We now have over 20, 000 people who are destitute.

We had a situation in Trans Nzoia where the Kenya Railways came and started demolishing houses without notice, and the people whose buildings we being demolished had running leases. These are the issues that ---

There is a point of order from Sen. Pareno.

Madam Deputy Speaker, is it in order for Sen (Dr.) Mbito to insist on using a word that you have ruled out as being unparliamentary? The word “monstrous.” He even made it worse.

I thought I heard him refer to the action.

I am describing the action, not a person.

At least this time, there is no monster.

No. It is not a person. Madam Deputy Speaker, if I may continue, we had a situation over the weekend where the Kenya Railways Corporation demolished houses, churches and businesses without any notices on land that had running leases. After that the County government took advantage and went and evicted people. Therefore, these kind of things are happening, and I really support Sen. Outa for bringing this Statement.

When you will be committing it to the relevant Committee, we will want to prosecute this matter because we want to find out the following from Kenya Railways: When did they give notice of eviction to these people? Why did they not recognize that these people had running leases? What kind of compensation were they planning to give these businessmen?

I thank you.

It is very sad that most people have become very poor because of these demotions. They have nobody to turn to because if they go to the same county governments, they are turned back.

I pray that this Statement will be taken seriously by the concerned Committee. They should visit the concerned counties, so that these acts are brought to an end and our people are saved. They should be able to invest in what they think is permanent for them.

Thank you.

It is very sad that most people have become very poor because of these demotions. They have nobody to turn to because if they go to the same county governments, they are turned back.

I pray that this Statement will be taken seriously by the concerned Committee. They should visit the concerned counties, so that these acts are brought to an end and our people are saved. They should be able to invest in what they think is permanent for them.

Thank you.

na kujionea. Waangalie ikiwa ni kweli wale watu wameishi pale kwa zaidi ya miaka 90. Ikiwa ni kweli, Shirika hilo liweze kurejesha makao yale kama yalivyokuwa hapo awali.

Asante.

I had said last, but I will give Sen. Mutula Kilonzo Jnr. three minutes.

Asante.

I had said last, but I will give Sen. Mutula Kilonzo Jnr. three minutes.

Thank you, Madam Deputy Speaker. It is a good year. We condemned the demolitions in Kariobangi in the same vein when Sen. Sakaja brought the matter. The demolitions were done at night during the COVID-19 period. I said at the time, and say it now, that both governments have always been very insensitive to the plight of poor Kenyans.

I saw the demolitions. Even if those residents are on Kenya Railways Corporation (KRC) land, KRC land is not an alien. It belongs to Kenyans. Therefore, there is no justification whatsoever for that demolition.

Perhaps Sen. Outa can even refer to the law that we passed on land valuation. In fact, for purposes of acquisition of land, even the people who are on public land must be given notice. People who are and have lived on public land are given some element of rights for purposes of acquisition. It is a violation of human rights. I said it in the Kariobangi case that it is an international violation of human rights.

The people responsible for the demolition must be taken to task and to book because what they did is unlawful and illegal. There is no reason why any Kenyan should sleep out in the cold because of public or private purpose. It must be reiterated.

In the days when we could open private prosecution – now the Director of Criminal Investigations does not work as well as they used to those days – you would institute private prosecution against the people who conduct demolitions at night during a pandemic. It is a violation. We must treat it as such.

I encourage Sen. Outa to forward a complaint to the Kenya National Human Rights Commission (KNHRC) for purposes of investigation and charging of those people because it is a violation. Let us call it what it is. It is a violation of human rights and Article 28 of the Constitution. There is an Article in the Constitution called the Right to Human Dignity. Even giving somebody a toilet is a right to their dignity. Denying children food and shelter at night is a violation and must be treated as such.

Thank you. I had finished the minutes for this one. I see Sen. Halake and Sen. Orengo. If you will take two minutes each, I will allow.

Sen. Halake, proceed.

The duty bearer and person responsible is the State, no matter who has done it. We cannot blame KRC or anybody because at the end of the day, the person that should be preserving the dignity of human beings and ensuring citizens are safe and have all the provisions of Article 33 is the State. Therefore, I think the State is culpable of gross injustice to its own citizens. As such, they should be answerable and be held accountable.

A few years ago, when we had the railway being built and other developments being done in Kibera and other places, we saw the inhumane manner in which these things were conducted. I was working for the Red Cross then. This country is one of the few that has never ever taken responsibility for the gross injustices meted on its poor yet they are the worst crimes of injustice.

I think we will make sure that this is not just a matter of talking because we have lamented enough. Action needs to be taken. We will be with Sen. Outa to ensure that the next step is taken.

The duty bearer and person responsible is the State, no matter who has done it. We cannot blame KRC or anybody because at the end of the day, the person that should be preserving the dignity of human beings and ensuring citizens are safe and have all the provisions of Article 33 is the State. Therefore, I think the State is culpable of gross injustice to its own citizens. As such, they should be answerable and be held accountable.

A few years ago, when we had the railway being built and other developments being done in Kibera and other places, we saw the inhumane manner in which these things were conducted. I was working for the Red Cross then. This country is one of the few that has never ever taken responsibility for the gross injustices meted on its poor yet they are the worst crimes of injustice.

I think we will make sure that this is not just a matter of talking because we have lamented enough. Action needs to be taken. We will be with Sen. Outa to ensure that the next step is taken.

Thank you. Finally,

In any case, if you have allowed somebody to stay on your land for more than 20 or 30 years, the principle of law that applies is that you have to prove that the right of possession still can be enjoyed by that particular individual. Those principles are applied in the courts all the time.

I know as a matter of fact that the eviction laws and procedures are in place. Whether or not somebody is on your land and you think they do not deserve to be there and they are unwilling to move out of that land, the step to take under the rule of law is to go to an appropriate body where that matter can be settled.

Those images, which went viral all over the world show how Kenya treats its ordinary people. They are sleeping out in the night because they have nowhere else to go.

Sen. Outa should call us to accompany him to that area. That should have been like yesterday. We should not only tell the people that we are expressing solidarity but we must also accuse those concerned before the people in Koru and Muhoroni.

Since I come from that area, I urge Sen. Mutula Kilonzo Jnr., to accept pro bono services to stand up for those citizens in Kisumu County. The Senator had some interest in Makueni and Machakos, which I shall not disclose but I know he will pay in kind.

I can see Sen. Wambua laughing because of the enjoyment of that privilege he has in Makueni, Kitui and Machakos. Sen. Wambua is a bishop. Sometimes he presides over it. However, that is not to take away the seriousness of this matter.

Hon. Senators, this Statement has attracted a lot of attention. Although it was under Standing Order No. 47 (1) , I will use my discretion to direct it to the Committee on Roads and Transportation.

I ask the Senator for Kisumu to avail not only the details he has but also the answered copy, so that the issues that have been raised by other Senators can also be taken board.

I would also like to ask Members of the Committee to go beyond Kisumu and deal with the issue nationally because it has affected many parts like Nairobi, Nakuru, Kisumu and other areas where KRC has had land. We expect you to expeditiously deal with that matter as a Committee and bring the answers here, so that Members are satisfied that the same matter affecting different parts of the country has been addressed. It is so ordered.

Hon. Senators, next are Statements pursuant to Standing Order No.48 (1) . The first Statement by Sen. Malalah is deferred out of his request because he could not make it here today.

Hon. Senators, this Statement has attracted a lot of attention. Although it was under Standing Order No. 47 (1) , I will use my discretion to direct it to the Committee on Roads and Transportation.

I ask the Senator for Kisumu to avail not only the details he has but also the answered copy, so that the issues that have been raised by other Senators can also be taken board.

I would also like to ask Members of the Committee to go beyond Kisumu and deal with the issue nationally because it has affected many parts like Nairobi, Nakuru, Kisumu and other areas where KRC has had land. We expect you to expeditiously deal with that matter as a Committee and bring the answers here, so that Members are satisfied that the same matter affecting different parts of the country has been addressed. It is so ordered.

Hon. Senators, next are Statements pursuant to Standing Order No.48 (1) . The first Statement by Sen. Malalah is deferred out of his request because he could not make it here today.

Madam Deputy Speaker, I rise pursuant to Standing Order No.48 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the alleged arson attack on the Garissa County Assembly Facilities. In the Statement, the Committee should-

Madam Deputy Speaker, I rise pursuant to Standing Order No.48 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the rampant police harassment of civilians while enforcing the COVID-19 protocols and guidelines. In the Statement, the Committee should-

Madam Deputy Speaker, I rise pursuant to Standing Order No.48 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the rampant police harassment of civilians while enforcing the COVID-19 protocols and guidelines. In the Statement, the Committee should-

Sen. (Rev.) Waqo, there is also a second Statement by Sen. Iman. I am told you have been given the opportunity to do that. You can read the next one before I allow Sen. Wambua to say something.

Sorry, I did not notice that. Proceed, Sen. Wambua.

Sorry, I did not notice that. Proceed, Sen. Wambua.

Thank you, Madam Deputy Speaker, for this opportunity to make a comment on the Statement sought by Sen. Iman. I congratulate Sen. Iman for seeking that Statement.

I bring to the attention of this House and the Standing Committee on National Security, Defence and Foreign Relations, that a direction was given from the Chair sometimes last year, that Statements sought by Members from Committees, should be acted on and reports shared with the Members seeking those Statements before those reports are tabled on the Floor of this House.

Madam Deputy Speaker, I am on record. I have sought a Statement related to a fire that brought down the finance offices of the Kitui county government in July of 2019. To date, I have not received any brief from the Committee and no report has been tabled on the Floor this House.

Just to request that the Chair should reiterate the position that such reports are not just sought for the sake of seeking Statements, but they are in response to the outcry of the people that have elected us into this House.

I felt the pain of the people of Garissa when their Assembly went up in flames. I feel much more pain for the people of Kitui because all the finance documents relating to transactions of the county government of Kitui were burned. There is no Statement or report from the Committee. There is no report from the investigating agencies. Let us not reduce these Statements into talk shows because they should never be like that. When Statements are sought, let us get responses.

Madam Deputy Speaker, I will seek and request that you give a directive that as we pursue the matter raised by Sen. Iman, I be given that report that I sought in 2019, in the shortest time possible.

Point of order from Sen. Pareno.

Madam Deputy Speaker, I wanted to add on to what he was saying. I am not sure whether he had finished. If he has finished I can---

He has finished.

It was not a point of order. Madam Deputy Speaker, I think we need to start afresh this year and show that we are serious with what we do. We have many Statements that have not been processed just as you were saying. For me, I have several that I am still following up. The Committees are not even informed of what is happening. They have not been answered. Maybe we need to once and for all, pull out all those that have not been acted on so that we know the position and what to do.

Madam Deputy Speaker, we need to get a way forward from you on what to do with all the Statements that we have done and they have never been processed by the several Committees that they have been referred to.

Thank you, Madam Deputy Speaker. When Sen. Wambua brought his Statement, I had said that there is need to have a different system. You cannot be doing the same thing the same way and expect a different result.

The world has advanced. There is electronic filing of documents so that it is saved in the cloud that nobody can reach. Internet has gone places. Why we have box files being burnt, mostly finance files, I do not understand. It keeps on recurring from one county to another. When will this madness stop? The other files are okay, it is only finance.

Thank you, Madam Deputy Speaker. When Sen. Wambua brought his Statement, I had said that there is need to have a different system. You cannot be doing the same thing the same way and expect a different result.

The world has advanced. There is electronic filing of documents so that it is saved in the cloud that nobody can reach. Internet has gone places. Why we have box files being burnt, mostly finance files, I do not understand. It keeps on recurring from one county to another. When will this madness stop? The other files are okay, it is only finance.

There is a point of order from Sen. (Dr.) Ali.

On a point of order, Madam Deputy Speaker. I do not want to interrupt my colleague, sister and boss. However, she is a Member of the Standing Committee on Finance and Budget. They are the ones to give us the answer. They should not be complaining. This is an issue of the Standing Committee on Finance and Budget. The Standing Committee on Finance and Budget should give us those answers.

Thank you, Sen. (Dr.) Ali. Actually, the two questions are being directed to the Standing Committee on National Security, Defence and Foreign Relations. These are security matters and I think the one of Sen. Wambua was directed to the Standing Committee on National Security, Defence and Foreign Relations.

However, I will say something about the backlog.

Madam Deputy Speaker, I want to advise my Senator, Sen. (Dr.) Ali, that arson is not a finance function. It is more of a security function because this is arson in my view. It is criminal in nature in the way it is being handled.

Madam Deputy Speaker, this shows you that the crimes that happen within counties are not addressed until people start fearing that they have done it to a level where they cannot sustain themselves and resort to burning finance files. There is need for a permanent solution.

To get an internet service that can take care of that is not as expensive as people tend to think. That includes supporting documents filing with payment vouchers so that nobody can dare. It can be done within the Integrated Financial Management Information System (IFMIS) with an extension. I hear that IFMIS is on Oracle. Oracle can do many things. I have interacted with a finance system that does similar functions.

You cannot know whether this is deliberate to ensure that things do not move within our counties.

Madam Deputy Speaker, on a point of information.

Do you know more about Oracle? Sen. Farhiya, would you like to be informed by Sen. Omanga?

Madam Deputy Speaker, some of these gaps and issues will be sorted in the Building Bridges Initiative (BBI) . It is in the BBI.

That was information for everybody.

That was information for everybody.

Madam Deputy Speaker, it is good that Sen. Omanga is on record having supported BBI. However, I do not understand how that is relevant to what I was saying.

The other issue is around police harassment. In the Muslim community, there is a facemask that is cloth. In a county like Wajir, people are jailed for wearing the veil, yet the police have no capacity to determine whether the veil is good enough for COVID-19 prevention compared to normal cloth mask.

I am contributing to the next Statement by Sen. Waqo. There were two Statements that were given at the same time.

Yes, I allowed that. I said that they read both and then we respond to both. Please, let us allow response.

Sen. Sakaja, are you okay? Do you have a point of order?

Madam Deputy Speaker, yes. It appears during Sen. Farhiya’s good contribution that there is a problem within finance because it looks like those are the documents that are flammable in counties more than any other thing.

The Public Finance Management Act (PFM) is very specific when it comes to keeping records. I know Sen. Wambua’s question might have been directed to the Standing Committee on National Security, Defence and Foreign Relations. However, possibly the Standing Committee on Finance and Budget needs to give us a status of how information and documents are being stored in counties because it cannot be that you are only hearing of documents of finance being burnt.

It is not just a security issue. It is part of the accounting officers’ responsibility to keep records in a certain way. Maybe an intervention on the Information Technology systems and Oracle can then be discussed within that context. Therefore, it could enrich the House if the Standing Committee on Finance and Budget chips in and gives us a status of all the counties and record keeping.

Thank you. I think that is good addition. Sen. Farhiya, please wind up.

Hon. Senators, the two Statements stand committed to the National Security Defence and Foreign Relations Committee. However, it does not stop the Committee from inviting suggestions from other committees. We also have Members who are in the Finance and Budget and National Security, Defence and Foreign Relations Committees. It is true that some of the Statements have not been done and I would like to urge the chairpersons of Committees that it is the right of Members to get responses and be informed if their Statements or Petitions have been dealt with by the committees or not.

Now that we are beginning a new year and the in-tray is full, the chairpersons of committees must take the lead to make sure that any Statement that has been hanging is completed, resolved and the Member informed of the responses. Where Petitions are involved that the resolutions are sent to the petitioners. This is important.

Let us clean up our House. I would also urge Members of the House Business Committee to go further and release the full list as has been asked by a Member so that we know where the Statements are. I know they have been giving an update once in a while, but it is good for Members to know where the Statements are so that we can clean up the past.

With that, the next Statement is from Sen. Were.

Thank you, Madam Deputy Speaker. I rise pursuant to Standing 48 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare on the status and operations of the KSA. In the Statement, the Committee should state whether the Kenya Scout Act is in tandem with the Constitution of Kenya 2010 given that it was last revised in 2008.

Secondly, that the Committee provide information on the operations of the KSA, including but not limited to decentralization of services to county level, partnerships and the promotion of the scouting movement in Kenya.

Finally, the Committee should provide information on the preservation of the gravesite of the founder of the scouting movement Lord Baden Powell and his wife lady Baden Powell that is located in Nyeri County and whether there are any plans to relocate the gravesite due to negligence.

Thank you, Madam Deputy Speaker.

Thank you, Madam Deputy Speaker. I rise pursuant to Standing 48 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare on the status and operations of the KSA. In the Statement, the Committee should state whether the Kenya Scout Act is in tandem with the Constitution of Kenya 2010 given that it was last revised in 2008.

Secondly, that the Committee provide information on the operations of the KSA, including but not limited to decentralization of services to county level, partnerships and the promotion of the scouting movement in Kenya.

Finally, the Committee should provide information on the preservation of the gravesite of the founder of the scouting movement Lord Baden Powell and his wife lady Baden Powell that is located in Nyeri County and whether there are any plans to relocate the gravesite due to negligence.

Thank you, Madam Deputy Speaker.

Thank you, Senator. That Statement stands committed to the Committee on Labour and Social Welfare.

The next Statement is from the Senator for Wajir, Sen. (Dr.) Ali.

Thank you, Madam Deputy Speaker. I rise pursuant to Standing Order 48 (1) to seek a Statement from the Standing Committee on National Security Defence and Foreign Relations regarding the abduction, disappearance and murder of the members of the public in Wajir County. In the Statement, the Committee should state the measures if any, that the Ministry of Interior and Coordination of National Government has put in place in an effort to investigate the abduction, torture and killing of a prominent businessman, Mr. Abdullahi Yusuf Farah, ID.No. 0052216, who left Nairobi for Wajir on Monday 25th January, 2021, and whose mutilated body was found around Legehut. This is a watering point which is around four kilometers from the town centre and near the Wajir International Airport. It is around 500 metres or a kilometre from the airport fence.

Recently the President came to Wajir and inaugurated the cameras everywhere and they can capture from two to three kilometres. I went to Wajir Airport on Thursday 28th January, 2021.

Secondly, outline measures the Government is putting in place to deal conclusively with the issue of insistent abductions and murders of innocent citizens with the aim of ensuring justice is served to the victims.

Madam Deputy Speaker, this gentleman was a very prominent man in Wajir and when his body was found after he had disappeared for two days, there were questions on who killed him. If it continues like that, there can even be tribal clashes because nobody knows who killed him. Some are talking of issues of Al-Shabaab, others Government, other crime factor and business rivalry. When issues like that are not resolved urgently, they can lead to a disaster. I want the committee to look into this urgently and come up with a solution to make sure the people of Wajir do not kill one another unnecessarily.

Thank you, Madam Deputy Speaker. I rise pursuant to Standing Order 48 (1) to seek a Statement from the Standing Committee on Education on

the rise in incidents of fires in learning institutions in the country and the resultant insecurity of learners, workers and property. In the Statement, the Committee should-

Madam Deputy Speaker, pursuant to Standing Order 48 (1) , I rise to seek a Statement from the Standing Committee on Education on the state of affairs at Wangu Primary School in Dandora Phase II Nairobi City County where I was born and raised. I was born in that constituency and not in the school.

In the Statement, the Committee should-

Madam Deputy Speaker, pursuant to Standing Order 48 (1) , I rise to seek a Statement from the Standing Committee on Education on the state of affairs at Wangu Primary School in Dandora Phase II Nairobi City County where I was born and raised. I was born in that constituency and not in the school.

In the Statement, the Committee should-

Thank you Senator. Sen. Were, proceed.

Madam Deputy Speaker, it should spell out measures put in place to protect teachers, innocent students, school workers and school property from being harmed or destroyed by unruly students.

The Committee should also describe the effectiveness of guidance and counseling in schools in mitigating indiscipline in light of the recent cases of gross indiscipline in schools taking note of issues of mental health among students, especially after the long period of COVID-19.

Madam Deputy Speaker, the Committee should also explain the application of the policy on suspension and or expulsion of indiscipline students as a disciplinary mechanism after the banning of corporal punishment in schools in 2001.

Finally, the Committee should give steps taken to reintegrate female students who got pregnant during the long break from education occasioned by COVID-19.

Thank you, Madam Deputy Speaker.

Madam Deputy Speaker, it should spell out measures put in place to protect teachers, innocent students, school workers and school property from being harmed or destroyed by unruly students.

The Committee should also describe the effectiveness of guidance and counseling in schools in mitigating indiscipline in light of the recent cases of gross indiscipline in schools taking note of issues of mental health among students, especially after the long period of COVID-19.

Madam Deputy Speaker, the Committee should also explain the application of the policy on suspension and or expulsion of indiscipline students as a disciplinary mechanism after the banning of corporal punishment in schools in 2001.

Finally, the Committee should give steps taken to reintegrate female students who got pregnant during the long break from education occasioned by COVID-19.

Thank you, Madam Deputy Speaker.

Thank you. Sen. Sakaja, proceed.

If you look at these primary school children, especially, they are completely hopeless because they are hungry. We used to have a robust school feeding programme. Can it be reinstated or should we amend the Education Act? This is because in urban areas, especially in Nairobi, when there is no food because of the economic situations, there is nothing at all.

Madam Deputy Speaker, sometimes in the rural areas, you can find some mahindi goro goro here and there. There is mboga even at the fence and you can cook something. If you look at their faces, our children are extremely hungry. There is neither school milk nor school feeding. The other day I was in Kawangware and I visited six schools. There is a problem. Can that programme be reinstated?

Finally, on the second Statement that Sen. Kwamboka has asked for, it is extremely important on the issue of disabilities. I know the National Government Affirmative Action Fund (NGAF) has really helped and some of the Constituency Development Fund (CDF) committees in some constituencies.

Madam Deputy Speaker, Hon. Shebesh did a good job when she was a Women Representative. Hon. Passaris is also trying with the issue of disability. However, we do not have many of these special units in Nairobi. I know, for instance, for autism, in Marurui, there is only one centre from a huge part of Nairobi and there is only one place where these children with autism are able to be addressed.

Sen. Omanga is also doing very well, but she does not have a fund. She is just doing it out of the abundance of her wealth. You know she is extremely rich. I know when she comes and she is elected as the next female Senator of Nairobi City County, I hope she will have a fund. This is because it must move beyond her philanthropy to actual programmes. At least, she said it is also covered in BBI.

Madam Deputy Speaker, please ask the Chairperson to look at those issues. We are seeing indiscipline, but we are not seeing these children. No one is looking at the state these children are in. Chairperson, please look at the feeding and the post-COVID-19 counseling. These children are traumatized.

If you look at these primary school children, especially, they are completely hopeless because they are hungry. We used to have a robust school feeding programme. Can it be reinstated or should we amend the Education Act? This is because in urban areas, especially in Nairobi, when there is no food because of the economic situations, there is nothing at all.

Madam Deputy Speaker, sometimes in the rural areas, you can find some mahindi goro goro here and there. There is mboga even at the fence and you can cook something. If you look at their faces, our children are extremely hungry. There is neither school milk nor school feeding. The other day I was in Kawangware and I visited six schools. There is a problem. Can that programme be reinstated?

Finally, on the second Statement that Sen. Kwamboka has asked for, it is extremely important on the issue of disabilities. I know the National Government Affirmative Action Fund (NGAF) has really helped and some of the Constituency Development Fund (CDF) committees in some constituencies.

Madam Deputy Speaker, Hon. Shebesh did a good job when she was a Women Representative. Hon. Passaris is also trying with the issue of disability. However, we do not have many of these special units in Nairobi. I know, for instance, for autism, in Marurui, there is only one centre from a huge part of Nairobi and there is only one place where these children with autism are able to be addressed.

Sen. Omanga is also doing very well, but she does not have a fund. She is just doing it out of the abundance of her wealth. You know she is extremely rich. I know when she comes and she is elected as the next female Senator of Nairobi City County, I hope she will have a fund. This is because it must move beyond her philanthropy to actual programmes. At least, she said it is also covered in BBI.

Madam Deputy Speaker, please ask the Chairperson to look at those issues. We are seeing indiscipline, but we are not seeing these children. No one is looking at the state these children are in. Chairperson, please look at the feeding and the post-COVID-19 counseling. These children are traumatized.

Thank you, Senator. Sen. (Dr.) Zani, proceed.

need it. When we find the institutions are burning their own resources, it becomes tricky and there is really an issue then. We can get to the bottom of this issue and contribute as the Senate to our educational standards.

need it. When we find the institutions are burning their own resources, it becomes tricky and there is really an issue then. We can get to the bottom of this issue and contribute as the Senate to our educational standards.

Thank you. Sen. Mutula Kilonzo Jnr., proceed.

Thank you, Madam Deputy Speaker. I want to say that I am a proud chairperson of a board of a school in Nairobi. I deliberately as chairperson ordered that there should be CCTVs in the dormitories. The boys objected and protested, but eventually we had our way as the board.

How did this help? A year ago, these boys did not know that we were recording them at night. This boy and a few others got paraffin and lit one of the dormitories. The unfortunate thing about that fire is that there was one boy who was either epileptic or had a problem and that boy escaped by a whisker. He was almost burnt alive in that dormitory.

Madam Deputy Speaker, it then confirmed that, in fact, while they were protesting that we were violating their privacy, I told them if you are living in a dormitory where you are 100 people, there is no privacy. Where you have the security of those 100 children, then CCTV cameras where it is recording day and night becomes a necessity for purposes of making sure that these boys do not do this.

This particular boy who was the ring leader of this fire lit this dormitory that was built 30 or 40 years ago simply because he was tired of that school and wanted to go for the weekend for a funeral of his relative. Since he was denied the opportunity, they bought paraffin and burnt the dormitory and we almost lost a student.

Madam Deputy Speaker, it is not just indiscipline. It is bad upbringing and carelessness. I recently sat in a disciplinary committee where this boy just confessed that he buys bhang somewhere in Kinoo. He did not see anything wrong about smoking it in school and in the corridors.

I am aware of the students in Nairobi who are engaging in gunrunning. If boards are not careful, these boys are not only going to burn dormitories, but do even worse things. I have told the Committee on Education before that they must tell these students. I am glad that Sen. (Dr.) Milgo is here.

If you burn a car on the streets, you are a criminal and will go in for crime. If you are student and you burn a dormitory, you are supposed to be treated the same. If you carry a gun on the streets, you will be treated like a criminal. If you carry a gun or bhang to school and you are found in the streets of Nairobi, like Kenyatta Avenue, you will be treated like a criminal.

Why are students who behave like this treated as if they are children? People say, ‘Ooh, please, woiye, these are children.” No, these are criminals. When you make a mistake and a person loses a family member like they lost in Moi Girls High School---

I see a point of order from Sen. Were.

You should always distinguish because the Member might not need information.

You should always distinguish because the Member might not need information.

I am sure that Sen. Mutula Kilonzo Jnr. loves education.

Yes, particularly from my agemate.

Thank you. He is my agemate, but there are things that he knows that I do not know and things that I know that he does not know. For example, on the issue of the child, he knows very well that our criminal system recognizes the fact that when a child below the age of 18 comes in, they are treated differently. Children who burn schools and do ‘criminals acts’, are children with mental issues. That is where we should start from. Let us not criminalize their acts. First, we should establish why they do what they do, and then deal with that issue. The Deputy Speaker (

There is another point of order from Sen. Pareno.

Madam Deputy Speaker, I ask that I give information and not a point of order. I know that Sen. Mutula Kilonzo Jnr., being a lawyer by profession, definitely knows that we have borstal institutions. It would be good to say that the middle ground between what Sen. Were is saying and what Sen. Mutula Kilonzo Jnr. says is that we actually have institutions for young people who are criminal in nature. Therefore, they can be charged as criminals, but put under borstal institutions for correction. We should not just treat it lightly.

Sen. Mutula Kilonzo Jnr., I want you to finish, but I think that a number of the issues that are coming out demand that the Committee sits. Where there is a clash between the current law and what we think should be done, give those proposals and then it shall be addressed. This is so that we get the

There is another point of order from Sen. Pareno.

Madam Deputy Speaker, I ask that I give information and not a point of order. I know that Sen. Mutula Kilonzo Jnr., being a lawyer by profession, definitely knows that we have borstal institutions. It would be good to say that the middle ground between what Sen. Were is saying and what Sen. Mutula Kilonzo Jnr. says is that we actually have institutions for young people who are criminal in nature. Therefore, they can be charged as criminals, but put under borstal institutions for correction. We should not just treat it lightly.

Sen. Mutula Kilonzo Jnr., I want you to finish, but I think that a number of the issues that are coming out demand that the Committee sits. Where there is a clash between the current law and what we think should be done, give those proposals and then it shall be addressed. This is so that we get the

Thank you, Madam Deputy Speaker. I will take one minute. I want to add my voice to the Statement. Much has changed in the education system, especially when it comes to our learning institutions, which has mostly contributed to the change in the behaviour of our children.

When the Committee sit, they should also address the issue of introduction of approved schools, so that we can have change of behaviour among our youths. If those schools are introduced, they will help these children, so that they will not be sent straight away to jail or police custody. They will be disciplined through those institutes and can be corrected and go back to the learning institutions after learning the changes that they are supposed to achieve.

Lastly, the introduction of Zoom learning system has done so much harm. It has exposed our children so much. Therefore, the Committee should also looks at how much damage we have done to our children by introducing the Zoom learning.

The other issue is the introduction of sanitizers in school. As parents, we were told to provide sanitizers. The burning of schools has been contributed to by so many things. We made irrational decisions towards the improving our children, whereas we are doing more harm than good to them.

Sen. Wambua, two minutes.

Thank you, Madam Deputy Speaker. It is in my interest to spend less than two minutes because I also want an opportunity to move my Bill for debate. I have two things to say. One, the incidents of arson in schools are becoming a bit worrying. There is need for us, as leaders, to sit back and ask ourselves a big question.

Thank you, Madam Deputy Speaker. I will take one minute. I want to add my voice to the Statement. Much has changed in the education system, especially when it comes to our learning institutions, which has mostly contributed to the change in the behaviour of our children.

When the Committee sit, they should also address the issue of introduction of approved schools, so that we can have change of behaviour among our youths. If those schools are introduced, they will help these children, so that they will not be sent straight away to jail or police custody. They will be disciplined through those institutes and can be corrected and go back to the learning institutions after learning the changes that they are supposed to achieve.

Lastly, the introduction of Zoom learning system has done so much harm. It has exposed our children so much. Therefore, the Committee should also looks at how much damage we have done to our children by introducing the Zoom learning.

The other issue is the introduction of sanitizers in school. As parents, we were told to provide sanitizers. The burning of schools has been contributed to by so many things. We made irrational decisions towards the improving our children, whereas we are doing more harm than good to them.

Sen. Wambua, two minutes.

Thank you very much, Madam Deputy Speaker. We have been students before. I do not remember during my school days having seen the kind of indiscipline and destruction of property as it is happening now. To be very honest, it is something that should worry all of us who are parents. Certainly, anybody sitting in Government as a Cabinet Secretary for Education should be worried.

Madam Deputy Speaker, we were students at the University of Nairobi. I have colleagues who were with me, including Sen. Pareno. Anytime we wanted to demonstrate against either the administration or the Government of the day, we never resorted to burning the property that belonged to the University where we were taking our meals, used to go for our studies or where we used to sleep.

It is not right for students to burn premises that provide education to them. I am suspecting that there is a serious problem of drug abuse in our schools. In all these and as this is unfolding, the misfortune is that I have not seen any intervention from the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) . This means that chances are that these very susceptible students have become clients of drug peddlers because you can only do certain things under the influence of drugs.

I will propose to the Committee on Education which has very able Senators to summon the head of NACADA to appear before them and give information to this House, whether they taken any steps to tackle the problem of drugs amongst our students in schools.

Madam Deputy Speaker, there is also a problem of us legislators. This is because we do not have stiff penalties against people who peddle drugs. If you go to China, if you are caught peddling hard drugs, the first consequence is that you will never be granted bail. However, in this country, you can be peddling drugs today, you are charged today, tomorrow you are released on bail and you continue messing up with our young children.

We are losing a whole generation. Whom are we going to hand the baton of leadership to if we leave our students to be destroyed by drugs? We have set up this body. It has been given money. We need to see that it is doing something to protect our children.

Finally, we really must have mentors, people who must go back to our schools and speak to these children. If they are charged with a criminal offence at age 16, they will have literally messed up their future. If they want to seek admission to some universities out of the country, they will never be cleared. We need to ask whether the Ministry of Education has put in place enough mechanisms for mentorship programmes back in our schools.

Madam Deputy Speaker, I know my time is up, but I hope the Committee will address this matter will take this matter seriously for the sake of our future leaders. This is because our children are our future leaders.

Thank you. Finally, the Chairperson of the Committee on Education, Sen. (Dr.) Milgo.

Thank you very much, Madam Deputy Speaker. We have been students before. I do not remember during my school days having seen the kind of indiscipline and destruction of property as it is happening now. To be very honest, it is something that should worry all of us who are parents. Certainly, anybody sitting in Government as a Cabinet Secretary for Education should be worried.

Madam Deputy Speaker, we were students at the University of Nairobi. I have colleagues who were with me, including Sen. Pareno. Anytime we wanted to demonstrate against either the administration or the Government of the day, we never resorted to burning the property that belonged to the University where we were taking our meals, used to go for our studies or where we used to sleep.

It is not right for students to burn premises that provide education to them. I am suspecting that there is a serious problem of drug abuse in our schools. In all these and as this is unfolding, the misfortune is that I have not seen any intervention from the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) . This means that chances are that these very susceptible students have become clients of drug peddlers because you can only do certain things under the influence of drugs.

I will propose to the Committee on Education which has very able Senators to summon the head of NACADA to appear before them and give information to this House, whether they taken any steps to tackle the problem of drugs amongst our students in schools.

Madam Deputy Speaker, there is also a problem of us legislators. This is because we do not have stiff penalties against people who peddle drugs. If you go to China, if you are caught peddling hard drugs, the first consequence is that you will never be granted bail. However, in this country, you can be peddling drugs today, you are charged today, tomorrow you are released on bail and you continue messing up with our young children.

We are losing a whole generation. Whom are we going to hand the baton of leadership to if we leave our students to be destroyed by drugs? We have set up this body. It has been given money. We need to see that it is doing something to protect our children.

Finally, we really must have mentors, people who must go back to our schools and speak to these children. If they are charged with a criminal offence at age 16, they will have literally messed up their future. If they want to seek admission to some universities out of the country, they will never be cleared. We need to ask whether the Ministry of Education has put in place enough mechanisms for mentorship programmes back in our schools.

Madam Deputy Speaker, I know my time is up, but I hope the Committee will address this matter will take this matter seriously for the sake of our future leaders. This is because our children are our future leaders.

Thank you. Finally, the Chairperson of the Committee on Education, Sen. (Dr.) Milgo.

Thank you, Madam Deputy Speaker. First of all, let me start by thanking Sen. Beatrice Kwamboka, Sen. Petronila Were and all my colleagues for bringing such pertinent issues touching on education.

My Committee has already planned its work with regard to Persons with Disabilities (PWDs) . We want to look at the pedagogy, the learning institutions where we have these children with disabilities and the learning devices as well as teachers. We are already a half our work plan.

That is one of the Statements that Sen. Kwamboka gave in line with Sustainable Development Goal (SDG) No.4 where we do not want anyone to be left behind. We know we have got a few years to ensure that this is achieved by the year 2030 so that PWDs are brought on board.

There are a number of issues that have been raised around burning of schools, drugs and substance abuse. Many Senators have talked about these issues which are causing unrests in schools. For instance, Sen. Mutula Kilonzo Jnr. said that some students are proud that they will go out to burn schools. We know there is an interplay between all these because there are students who use drugs. We have others who might be having some mental cases.

This Committee will consult the HANSARD, so that we take up all these issues that have been raised by hon. Senators. I am sure we shall interrogate all these issues, including those touching on drugs, long stay away from learning institution due to COVID-19 pandemic and so on.

Madam Deputy Speaker, it is a pity that after seven months of students being away from the learning institutions, they went back to schools and started burning them. We have witnessed them burning one school after another. It is like they are playing around because they are seeing what is happening in their neighbouring schools.

In the past, there was a year we had many cases of burning schools. The Government set up a task force to establish the root cause of fire incidents in our schools. Devil worship in schools was cited as one of the causes. It also blamed teachers for lack of mentoring, proper guidance and counseling programmes in schools. We, as a Committee, want to get into the bottom of this and establish the cause root.

One of the findings of this task force was that students are well taken care of in schools than at home. My colleagues have blamed lack of beating and corporal

punishment in schools which we know are now illegal. A Senator said when he was a student, they were being beaten when they made mistakes. That was another generation. The new generation is the one we have raised as parents and they know beating or corporal punishment in schools is prohibited. In most cases, when children are beaten or disciplined, we have seen parents going to schools to defend them. Sometimes it is a pity they even carry pangas to fight the teachers in disguise of defending their children.

We will investigate these issues and come up with solution. However, there is a lot of mental health issues which we need to deal with. I am sure we shall invite the necessary stakeholders before we come to this House with some fair solution.

Thank you, Madam Deputy Speaker.

Thank you, Chairperson of the Committee. That finishes the Statement Hour.

Next Order.

Madam Deputy Speaker, I beg to move-

THAT, notwithstanding the provisions of Standing Order No.106 (1) , the debate on any Motion for the adjournment of the Senate to a day other than the next normal sitting day in accordance with the Calendar of the Senate shall be limited to a maximum of two hours with not more than 15 minutes for each Senator speaking after which the Senate shall adjourn without question put; provided that when the period of recess proposed by any such Motion does not exceed nine calendar days, the debate shall be limited to a maximum of thirty (30) minutes, and shall be confined to the question of adjournment.

This is, again, procedural; simply making sure it is clear that for an Adjournment Motion, these are the specifications on how long it will take and how much time each Member takes to speak.

For this one, since there will be no question put, it is simply giving time for each Member speaking. It only clarifies that the debate shall be limited to a maximum of 30 minutes and shall be confined to the question of that adjournment when the period of recess proposed is less that nine calendar days.

This is procedural and something that accommodates our Calendar and us all. It will be very important for Members to support.

I ask the Minority Whip to second.

Thank you, Madam Deputy Speaker. I rise to second. The Motion is procedural, nothing contentious and very useful to our conduct of business.

I second.

Madam Deputy Speaker, I beg to move-

THAT, notwithstanding the provisions of Standing Order No.106 (1) , the debate on any Motion for the adjournment of the Senate to a day other than the next normal sitting day in accordance with the Calendar of the Senate shall be limited to a maximum of two hours with not more than 15 minutes for each Senator speaking after which the Senate shall adjourn without question put; provided that when the period of recess proposed by any such Motion does not exceed nine calendar days, the debate shall be limited to a maximum of thirty (30) minutes, and shall be confined to the question of adjournment.

This is, again, procedural; simply making sure it is clear that for an Adjournment Motion, these are the specifications on how long it will take and how much time each Member takes to speak.

For this one, since there will be no question put, it is simply giving time for each Member speaking. It only clarifies that the debate shall be limited to a maximum of 30 minutes and shall be confined to the question of that adjournment when the period of recess proposed is less that nine calendar days.

This is procedural and something that accommodates our Calendar and us all. It will be very important for Members to support.

I ask the Minority Whip to second.

excluding the Mover in moving and replying who shall be limited to 30 minutes in either case and that the Senate Majority Leader and the Senate Minority Leader shall be limited to 30 minutes each.

These Procedural Motions pave way for the debate that is now going to succeed this Procedural Motions. I know that one such Motion is one that Sen. Wambua is anxiously waiting to proceed with. The next is The Cooperative Societies (Amendment) Bill (Senate Bills No. 11 Of 2020) by Sen.(Dr.) Zani and any other.

This Procedural Motion is specific to the Address by the President, which happens once every year at a specific time and during which we normally have to speak limited to three days. During that time, we can be told that depending how fast or how much we want to speak, we are limited to three days and we must complete within those days.

In this Motion, we are trying to see that 15 minutes for each Senator is sufficient except for the Leadership and the Mover who have 30 minutes.

This is Procedural and has absolutely no contest, controversy or contradictions. I ask Members to support.

Madam Deputy Speaker, I beg to move and ask the Senate Minority Whip to second. I thank you.

Madam Deputy Speaker, I beg to move-

THAT, pursuant to Standing Order No.106 (1) , the Senate resolves that the debate on the Motion on the Presidential Address shall be limited to a maximum of three sitting days with not more than 15 minutes for each Senator speaking,

excluding the Mover in moving and replying who shall be limited to 30 minutes in either case and that the Senate Majority Leader and the Senate Minority Leader shall be limited to 30 minutes each.

These Procedural Motions pave way for the debate that is now going to succeed this Procedural Motions. I know that one such Motion is one that Sen. Wambua is anxiously waiting to proceed with. The next is The Cooperative Societies (Amendment) Bill (Senate Bills No. 11 Of 2020) by Sen.(Dr.) Zani and any other.

This Procedural Motion is specific to the Address by the President, which happens once every year at a specific time and during which we normally have to speak limited to three days. During that time, we can be told that depending how fast or how much we want to speak, we are limited to three days and we must complete within those days.

In this Motion, we are trying to see that 15 minutes for each Senator is sufficient except for the Leadership and the Mover who have 30 minutes.

This is Procedural and has absolutely no contest, controversy or contradictions. I ask Members to support.

Madam Deputy Speaker, I beg to move and ask the Senate Minority Whip to second. I thank you.

Madam Deputy Speaker, I would like to move that The Mung Beans Bill (Senate Bills No.9 of 2020) be now read a Second Time.

Madam Deputy Speaker, I want to take this opportunity to, first, thank the Senate Standing Committee on Agriculture, Livestock and Fisheries for doing a good job during

Hon. Senators, I will now propose the question.

Since I cannot see any request for contribution, I will now put the question.

Let us go to the next Order.

will support them to save them from exploitation. Together, all of us shall make farmers all over the country to be proud of our nation if we protect them from exploitation because they are the pride of our nation. I am speaking to shared prosperity across all the value chains in the agriculture sector.

Going back to the Bill, in 2013, two Acts of Parliament were passed; The Agriculture and Food Authority Act and The Crops Act. I have consulted widely on this Bill. The last consultation that I had was with you, Madam Deputy Speaker, in your capacity as my teacher and the Senator of Uasin Gishu. I have also consulted other colleagues including my brother, my friend and neighbour, the Senator for Makueni, Sen. Mutula Kilonzo Jnr. The moment he gets time, he will be speaking to this.

Under The Crops Act, which lists tens of crops grown in this country, somebody, and I do not want to blame anyone, never thought that ndengu should find mention among crops grown in this country. That will explain to you why I have been very consistent saying that I do not want ndengu to be classified among pulses because we will lose the focus.

The Food Crops Directorate under the Agriculture and Food Authority (AFA) is supposed to manage the development of mung beans, including regulation and marketing. However, records will bear me out that the Crops Directorate has done very little if anything to deal with mung beans; ndengu.

That is why in consultation with colleagues, I have come up with this Bill, so that we place ndengu and ndengu farmers where they belong. According to The Economic Review of Agriculture of 2015, because that is the latest record that we have, the area under ndengu in this country increased over the years from 147,352 hectares in 2010 to 259,167 hectares in 2014. This led to an increase in production from 680,000 bags in 2010 to 1.345 million bags of ndengu in 2014. The production to date is even much higher.

However, ndengu is not regulated because we have no records and there is no obligation on the part of the Cabinet Secretary for Agriculture and the County Executive Member responsible for agriculture in the counties. There is no proper record as to how much ndengu we have in the market today, how many farmers are growing ndengu and what varieties are available in the market today.

Because of the potential that I see in the ndengu, which could ensure food security and its ability to grow into an economic mainstay, I have developed and continue to pursue this Bill. The beauty of this Bill is that it actually seeks to delineate the role of the National Government and county governments in relation to the Constitution, specifically in regard to growing, processing and marketing of ndengu.

The roles are clearly defined in the Bill that I have proposed; that we intend to create a structure and infuse order in the production of ndengu across all the regions where it is grown. Responsibilities have been assigned to the Cabinet Secretary, who will set national policy and regulation of the sector in consultation with our stakeholders.

The AFA has been given the responsibility to ensure implementation and compliance with national standards for the production and marketing of ndengu. The County Executive Committee Member responsible for agriculture where ndengu is grown

has been assigned the role to facilitate farmers, to ensure that they are able to grow and nurture their crop through provision of farm inputs, including seeds, fertilizer and extension services.

Madam Deputy Speaker, we have also assigned roles to farmers that if you want to engage in ndengu production, especially commercial farmers, there will be a requirement and responsibility for you as a farmer to register with the county government, where you are growing your crop, giving proper details of the acreage on which you are putting your crop, the variety of the crop that you are going to be growing and the challenges that you are facing in growing ndengu.

will support them to save them from exploitation. Together, all of us shall make farmers all over the country to be proud of our nation if we protect them from exploitation because they are the pride of our nation. I am speaking to shared prosperity across all the value chains in the agriculture sector.

Going back to the Bill, in 2013, two Acts of Parliament were passed; The Agriculture and Food Authority Act and The Crops Act. I have consulted widely on this Bill. The last consultation that I had was with you, Madam Deputy Speaker, in your capacity as my teacher and the Senator of Uasin Gishu. I have also consulted other colleagues including my brother, my friend and neighbour, the Senator for Makueni, Sen. Mutula Kilonzo Jnr. The moment he gets time, he will be speaking to this.

Under The Crops Act, which lists tens of crops grown in this country, somebody, and I do not want to blame anyone, never thought that ndengu should find mention among crops grown in this country. That will explain to you why I have been very consistent saying that I do not want ndengu to be classified among pulses because we will lose the focus.

The Food Crops Directorate under the Agriculture and Food Authority (AFA) is supposed to manage the development of mung beans, including regulation and marketing. However, records will bear me out that the Crops Directorate has done very little if anything to deal with mung beans; ndengu.

That is why in consultation with colleagues, I have come up with this Bill, so that we place ndengu and ndengu farmers where they belong. According to The Economic Review of Agriculture of 2015, because that is the latest record that we have, the area under ndengu in this country increased over the years from 147,352 hectares in 2010 to 259,167 hectares in 2014. This led to an increase in production from 680,000 bags in 2010 to 1.345 million bags of ndengu in 2014. The production to date is even much higher.

However, ndengu is not regulated because we have no records and there is no obligation on the part of the Cabinet Secretary for Agriculture and the County Executive Member responsible for agriculture in the counties. There is no proper record as to how much ndengu we have in the market today, how many farmers are growing ndengu and what varieties are available in the market today.

Because of the potential that I see in the ndengu, which could ensure food security and its ability to grow into an economic mainstay, I have developed and continue to pursue this Bill. The beauty of this Bill is that it actually seeks to delineate the role of the National Government and county governments in relation to the Constitution, specifically in regard to growing, processing and marketing of ndengu.

The roles are clearly defined in the Bill that I have proposed; that we intend to create a structure and infuse order in the production of ndengu across all the regions where it is grown. Responsibilities have been assigned to the Cabinet Secretary, who will set national policy and regulation of the sector in consultation with our stakeholders.

The AFA has been given the responsibility to ensure implementation and compliance with national standards for the production and marketing of ndengu. The County Executive Committee Member responsible for agriculture where ndengu is grown

Sen. Farhiya, proceed.

There has been a demonstration that AFA in its current form has not and may not be in a position to help ndengu farmers. There is need for a separate Act to ensure that our farmers are protected in the farms and in the market. This Bill goes on to state the duties of the County Executive Committee Members in ensuring that our farmers are protected.

Clause 5 states that- “For the realization of the objectives set out under Section 3, a county executive committee member shall—

Sen. Farhiya, proceed.

Thank you, Madam Temporary Speaker, for giving me this opportunity to second. I wish to thank Sen. Wambua for bringing this Bill. Strangely, even if I am from a community that eats more meat than beans, ndengu happens to be one of my favorite sources of protein.

Because I like it, I have learnt to cook ndengu with a lot of spices. It is so sweet that you cannot believe that the taste of ndengu that we used to know in school is totally different from what I am able to cook. I really thank people who grow ndengu, especially ndengu from Makueni County. It cooks in a very short time. Actually, when I go to the supermarket, I look for Makueni ndengu is because it really cooks very fast.

Madam Temporary Speaker, I do not think that people have appreciated the nutritional value ndengu. It has high level of antioxidants that reduce the level of chronic diseases. It is rich in potassium, magnesium and fiber, which reduce blood pressure. I

think Sen. Mutula Kilonzo Jnr. and Sen. Wambua should give me some work of marketing of ndengu because I could go on and on, if I am allowed to continue.

I consume a lot of ndengu. If many people adopted the habit of eating it, it can become a source of income for so many farmers who depend on this crop for their livelihood.

Madam Temporary Speaker, Kitui and Garissa counties, and by extension, Wajir County are neighbours. I challenge our governors to do some research to find out what variety of ndengu can grow in those regions, so that we have some level of agriculture.

Devolution has brought a lot of changes in the counties. In Wajir County, for example, we grow a lot of lemons, paw paw and some of the sweetest melons in this country. This is another area that is good to do research on, to find out what variety grows there.

If you want to develop agriculture, the main problem in our counties, which is provision of water, must be addressed. I am glad that the BBI is allocating more funds to the counties, so that more of this great work that counties need to do goes on. However, I also challenge the citizens of those counties to ensure that they elect governors who are not corrupt and can make a difference for their people.

Madam Temporary Speaker, I like the fact that Sen. Wambua has allowed the Ministry only six months to develop a policy under Clause 7. I wish Sen. Wambua could listen to what I am saying, please. Instead of talking about developing a policy, I urge him to talk about developing a regulation. This is because if they develop the right regulation, the Bill will become crystal clear, so that everything around regulation can be addressed at the same time. I, therefore, urge him to change it from a policy to regulation, so that the Bill is effective.

Madam Temporary Speaker, I like the fact that there is a penalty. However, a penalty of Kshs5,000 is not enough. If I am going to make Kshs100 million for not following these rules, and all I have to pay is only Kshs5,000, so be it. Let me be caught and pay Kshs5,000. However, the other time that I am not caught, I will make millions of shillings. I believe that a deterrent of six months and Kshs5,000 is not stringent enough for anybody to feel that they will be affected by violating the law, depending on how much they are able to make out of that.

Madam Temporary Speaker, with those few remarks, I beg to second. I urge all my colleagues to support this because when this Bill is passed, it will make a lot of difference for the people.

Sorry, there is something that I forgot to add. Once this Bill is passed, many people whose rights have been violated by middlemen and women - there are fewer women anyway - will ensure that there are incentives to grow this food. We can even reach a level where we can export these products, because it is great.

Madam Temporary Speaker, I second.

ndengu. I am happy that Sen. Wambua has proposed it. I want to tell him that, that framework already exists.

Madam Temporary Speaker, you are a livestock farmer. I was on a trip last week in Dubai. The Minister in charge of Trade in the Government of Dubai, in the United Arab Emirates (UAE), told us that they are looking for livestock. They are importing livestock from Australia.

Madam Temporary Speaker, I even want to ask you how many heads of livestock you have, and how fast you would have those heads of livestock transported to Dubai; same as Sen. Farhiya and for those people who keep a minimum of 500 heads of cattle per person. They asked: “What is so difficult about Kenya going to get the breed from Australia, which is far away, and get the livestock we want?”

Secondly, they asked about soya beans. They said that if they were to do a balance of trade with us, they would want to have soya bean, which can grow here. The balance of trade between Kenya and the United Arabs Emirates (UAE) is Kshs123 billion against Kshs23 billion, yet we have all these things available, including ndengu.

There is a variation of ndengu called dhal, which is eaten in many parts of Asia, including India. It is a staple food. Every menu, every meal including breakfast has got dhal. People are suffering and yet this crop is going to waste.

Madam Temporary Speaker, when sometimes I hear the conversations going out in the public domain about poor people in Kenya, I believe that some of it is deliberate. We make Kenyans poor so that we take advantage. I have just read a statement this afternoon about a speech read in the Kirinyaga County Assembly about the production of a million eggs. I was very surprised that we are actually importing eggs from Uganda. I was very pleased to read that statement that, in fact, cotton farmers are being given seeds. Why? It is because we are importing genetically modified cotton from Tanzania.

We have impoverished Kenyans to the extent that we offer them GMO cotton seed and make sure that the people who are growing genuine cotton get noting out of it. We impoverish them and then it looks like we are doing them a favour.

I do not know whether you are aware of a company called Twiga Foods. I must disclose that a gentleman I know runs this company and the wife was in my class. What is Twiga Foods doing? Twiga Foods comes to your farm and they check the PH for your soil. They check the water for the PH, acidity et cetera. They offer you seeds to grow whatever you want to grow, whether it is cabbages, vegetables et cetera, from 50 acres to 100 acres. Then after you grow and they check as you grow it, they come, pick that product, and pay you on the spot.

You will be surprised the vegetable vendors that you find around Lavington et cetera, with very nice looking bananas and oranges are actually getting this from Twiga Foods. Twiga Foods is doing the A-Z of farming. It is a private company. Why can the county governments that have resources not do the same? It is not difficult that they do those sorts of things.

Somebody asked about livestock in Kenya and they asked: “What is the acidity or PH value of soil in North Eastern for purposes of livestock?” Why has anybody in the

county government not answered that question? Nobody has answered that question, but the question is important because it goes to the value of the beef.

Why is it difficulty for county governments or the economic bloc, which has a bank to do export of beef to UAE, likewise to the economic block that exists in Lake Victoria? I was surprised to learn that there is a company by the name DP World. DP World has agreed to do a cold storage for Rwanda, a landlocked nation. I think Makueni is bigger than Rwanda, but they have a cold storage and they are now exploiting what would be the Blue Economy.

Can we not do the same for the fish farmers in Kisumu and exploit the Nile Basin? I am told that Uganda has also gotten into a deal with them about using the Nile Basin for purposes of their fish. Whereas this communication was given to some functionaries in the Government of Kenya and told that Rwanda was going to overtake us, they said: “Overtake us to go where?”

In fact, when we were doing the Tea Regulations last month, on 29th December, 2020, the Senators sent us clips about the coffee and tea in Rwanda. They are selling 100 per cent of their tea in tea auctions, and they are making a lot of money. Although President Kagame has decided to sit at the top of the Board for the purposes of these cash crops, we still can do a little better because we have competent people who can do so.

Madam Temporary Speaker, it cannot be gainsaid that for purposes of posterity, prosperity of Kenyans--- We can all say that we can get the farmer in Tharaka-Nithi and Wajir who is doing livestock, and the farmer who is growing macadamia in Makueni and Mbooni, who is growing tea or French beans--- I have explained that we have people, and my uncle is growing French beans, which are collected right there in Mbooni. He is making Kshs1000 a day, Kshs7,000 a week. The ordinary farmer will not need the money that we politicians give them during elections.

As I support this Bill, I would like the Committee on Agriculture, Livestock and Fisheries of this Senate - we have taken pride in saying that agriculture is a devolved function - to do a little more, put in a little effort and speak more about these things that are going to help ordinary farmers.

I am told and I know that there are some Members of the Senate here--- Yesterday, Sen., (Dr.) Langat spoke about ‘from now on, we are going to speak about ordinary people’. I asked: What do you mean by ‘from now on’? Where have you been?

ndengu. I am happy that Sen. Wambua has proposed it. I want to tell him that, that framework already exists.

Madam Temporary Speaker, you are a livestock farmer. I was on a trip last week in Dubai. The Minister in charge of Trade in the Government of Dubai, in the United Arab Emirates (UAE), told us that they are looking for livestock. They are importing livestock from Australia.

Madam Temporary Speaker, I even want to ask you how many heads of livestock you have, and how fast you would have those heads of livestock transported to Dubai; same as Sen. Farhiya and for those people who keep a minimum of 500 heads of cattle per person. They asked: “What is so difficult about Kenya going to get the breed from Australia, which is far away, and get the livestock we want?”

Secondly, they asked about soya beans. They said that if they were to do a balance of trade with us, they would want to have soya bean, which can grow here. The balance of trade between Kenya and the United Arabs Emirates (UAE) is Kshs123 billion against Kshs23 billion, yet we have all these things available, including ndengu.

There is a variation of ndengu called dhal, which is eaten in many parts of Asia, including India. It is a staple food. Every menu, every meal including breakfast has got dhal. People are suffering and yet this crop is going to waste.

Madam Temporary Speaker, when sometimes I hear the conversations going out in the public domain about poor people in Kenya, I believe that some of it is deliberate. We make Kenyans poor so that we take advantage. I have just read a statement this afternoon about a speech read in the Kirinyaga County Assembly about the production of a million eggs. I was very surprised that we are actually importing eggs from Uganda. I was very pleased to read that statement that, in fact, cotton farmers are being given seeds. Why? It is because we are importing genetically modified cotton from Tanzania.

We have impoverished Kenyans to the extent that we offer them GMO cotton seed and make sure that the people who are growing genuine cotton get noting out of it. We impoverish them and then it looks like we are doing them a favour.

I do not know whether you are aware of a company called Twiga Foods. I must disclose that a gentleman I know runs this company and the wife was in my class. What is Twiga Foods doing? Twiga Foods comes to your farm and they check the PH for your soil. They check the water for the PH, acidity et cetera. They offer you seeds to grow whatever you want to grow, whether it is cabbages, vegetables et cetera, from 50 acres to 100 acres. Then after you grow and they check as you grow it, they come, pick that product, and pay you on the spot.

You will be surprised the vegetable vendors that you find around Lavington et cetera, with very nice looking bananas and oranges are actually getting this from Twiga Foods. Twiga Foods is doing the A-Z of farming. It is a private company. Why can the county governments that have resources not do the same? It is not difficult that they do those sorts of things.

Somebody asked about livestock in Kenya and they asked: “What is the acidity or PH value of soil in North Eastern for purposes of livestock?” Why has anybody in the

Thank you, Madam Temporary Speaker. I would like to appreciate Sen. Wambua for bringing this very exciting and insightful Bill. You can tell from the way he moved the Bill, the level of engagement and emotion that he has in terms of food security for this country; the passion to make things work and for us to realize that we are an agricultural society.

Sincerely, almost 60 years later, agriculture should be working for us. Agriculture is working for countries like Sweden and Israel, and they are not even close to the potential that we have in Kenya regarding food production.

Sen. Beatrice Elachi brought the Food Security Bill in the last Senate, and it talked about the same thing. I fear that there is a lot of talking about this topic, but we are not progressing.

I have learnt from Sen. Wambua, through the Speaker, that Mung beans is ndengu. I had asked somebody before I came what this Mung beans is and realized that it is ndengu. Once I heard ‘ndengu’, everything came into context.

Ndengu takes about three months to grow. Within three months, you have a very good source of protein and vitamins. If very well combined in there, everything goes very well.

Sometimes you look at the poverty of Kenyan farmers who have so much land, and there are only a few who know how to make very high scale development on their farms and they make a living. However, there are others who sincerely need to be capacity-built. I think this is a group that Sen. Mutula Kilonzo Jnr., is referring to; people who can just be capacitated.

If we have a Bill that can help; that gives powers to the CEC like this Bill does and gives power in terms of legislation to the county assemblies to make this happen, then we will be moving towards a point where, even if it is not going to be used as a cash crop or even if it is going to be used at the level of a subsistence crop, it is still okay.

Why should anybody die from hunger while they can actually grow ndengu or some French beans et cetera? I know that we have a rain-fed agricultural system, where most of the time we rely on rain. Irrigation can be expensive, but the whole idea now of putting these policies and regulations into place is to just ensure that farmers are helped along the line.

Madam Temporary Speaker, sometimes back we used to have extension officers within the counties at the various levels even within the districts and they did a lot of work to ensure that farmers are able to grow, produce and sell whatever they came up with in their farms. This is so critical because the rural-urban migration is driven by the fact that many people find that they cannot make the land productive. Therefore, they migrate to town. When they come to town, they find that there no jobs and it becomes a roundabout thing.

I will start my analysis of this Bill from the back, from Clause 21, which basically says:-

“All directions, orders and authorizations given, or licenses or permits issued, or registrations made by the Authority in relation to mung bean, and

Thank you.

Thank you, Madam Temporary Speaker. I would like to appreciate Sen. Wambua for bringing this very exciting and insightful Bill. You can tell from the way he moved the Bill, the level of engagement and emotion that he has in terms of food security for this country; the passion to make things work and for us to realize that we are an agricultural society.

Sincerely, almost 60 years later, agriculture should be working for us. Agriculture is working for countries like Sweden and Israel, and they are not even close to the potential that we have in Kenya regarding food production.

Sen. Beatrice Elachi brought the Food Security Bill in the last Senate, and it talked about the same thing. I fear that there is a lot of talking about this topic, but we are not progressing.

I have learnt from Sen. Wambua, through the Speaker, that Mung beans is ndengu. I had asked somebody before I came what this Mung beans is and realized that it is ndengu. Once I heard ‘ndengu’, everything came into context.

Ndengu takes about three months to grow. Within three months, you have a very good source of protein and vitamins. If very well combined in there, everything goes very well.

Sometimes you look at the poverty of Kenyan farmers who have so much land, and there are only a few who know how to make very high scale development on their farms and they make a living. However, there are others who sincerely need to be capacity-built. I think this is a group that Sen. Mutula Kilonzo Jnr., is referring to; people who can just be capacitated.

If we have a Bill that can help; that gives powers to the CEC like this Bill does and gives power in terms of legislation to the county assemblies to make this happen, then we will be moving towards a point where, even if it is not going to be used as a cash crop or even if it is going to be used at the level of a subsistence crop, it is still okay.

Why should anybody die from hunger while they can actually grow ndengu or some French beans et cetera? I know that we have a rain-fed agricultural system, where most of the time we rely on rain. Irrigation can be expensive, but the whole idea now of putting these policies and regulations into place is to just ensure that farmers are helped along the line.

Madam Temporary Speaker, sometimes back we used to have extension officers within the counties at the various levels even within the districts and they did a lot of work to ensure that farmers are able to grow, produce and sell whatever they came up with in their farms. This is so critical because the rural-urban migration is driven by the fact that many people find that they cannot make the land productive. Therefore, they migrate to town. When they come to town, they find that there no jobs and it becomes a roundabout thing.

I will start my analysis of this Bill from the back, from Clause 21, which basically says:-

“All directions, orders and authorizations given, or licenses or permits issued, or registrations made by the Authority in relation to mung bean, and

subsisting or valid immediately before the commencement of this Act, shall be deemed to have been given, issued or made by the Authority as the case may be, under this Act.” It basically says that any permit or registration that has just happened before this Act shall be deemed to have been given, issued or made by the Authority as the case maybe under this Act.

I am not so sure about that and what the legal experts have advised about this. It is almost saying that whatever has happened preceding this Bill becoming an Act, is taken as part of this Act. That is applying the law retrogressively. Is that not so?

I do not know what the context might be, but maybe Sen. Wambua might want to look at that Clause, so that it relates clearly to the application of this Act. At what point does application of this Act come putting in mind that he has dissociated it with the Crops Act?

When I initially went through Clause 20, I wondered why he dissociated ndengu from other crops. I think he explained himself as he was going on with this. I suspect that is the way legislation is now going to ensure that a specific crop is taken care of exhaustively. For example, we have The Tea Bill that came in the last Session. In the last Senate - 2013-2017 - we had Sen. Ongoro coming with The Coconut Bill. I think every crop has its own dynamics.

We are probably reaching a point where we are seeing that maybe amalgamating all these issues into one legislation might not be very helpful. When I heard him present, I thought that was a good presentation. Before that I was asking myself: What are the contradictions? Why this crop and not others? I think he explained himself very well.

Back to Clause 18, it gives the CS authority to look at what the county governments are doing and make regulations. I think this is the issue that was mentioned a bit earlier. That is well catered for already in Clause 18(2), which says-

“Without prejudice to the generality of subsection

Order, Sen. (Dr.) Zani. You will have a balance of three minutes when this matter comes next in the Order Paper.

Hon. Senators, it is now 6.30 p.m., time to adjourn the House. The Senate, therefore, stands adjourned to tomorrow, Thursday, 11th February, 2021, at 2.30p.m.

The Senate rose at 6.30 p.m.