Wednesday, 12th April, 2023

Clerk, do we have quorum?

Clerk, now that we have the quorum, kindly proceed to read the First Order.

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, officers from the County Assembly of Elgeyo-Marakwet. The officers are in the Senate for a five-day training on e-Parliament and HANSARD Systems.

I request each member of the delegation to stand when called out, so that you may be acknowledged in the Senate tradition.

Mr. David Barngetuny - Head of Procurement Mr. Derick Bartai - Procurement Officer Mr. Watson Kiplagat - Head of ICT Mr. Ronald Sang - ICT Officer

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to the delegation, and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

Hon. Senators, again, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of a delegation from the County Assembly of Kakamega, comprising Members of the Committee on Justice and Legal Affairs and its secretariat. The delegation is undertaking a three-day benchmarking visit in the Senate.

I request each member of the delegation to stand when called out, so that you may be acknowledged in the Senate tradition.

Hon. Silas Chiyenji - Chairperson Hon. James Etabale - Member of the Committee Hon. Charles Anyona - Member of the Committee Hon. Joel Okwako - Member of the Committee Hon. Zurack Nyongesa - Member of the Committee Hon. Samuel Segero - Member of the Committee Hon. Moses Musundi - Member of the Committee Hon. Donald Okumu - Member of the Committee Hon. Amos Liyai - Member of the Committee Hon. Boniface Mabuka - Member of the Committee Mr. Jean Opande - Clerk Assistant Ms. Ruth Chikamai - Clerk Assistant Ms. Phyllis Ong’ale - Hansard Reporter Mr. Evans Katamu - Researcher Mr. Jack Obote - Commissioner Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to the delegation, and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

Hon. Senators, I have a third communication to make. I would like to acknowledge the presence of, in the Speaker’s Gallery this afternoon,

officers from the Serjeant-at-Arms Department of the County Assembly of Kilifi. The officers are in the Senate for a four-day benchmarking visit with their counterpart.

I request each officer to stand when called out, so that you may be acknowledged in the Senate tradition.

Mr. Ibrahim Mwavinga Tembo - Serjeant-at-Arms Mr. Harold Sipha Mwatata - Serjeant-at-Arms Ms. Janet Amina Mramba - Serjeant-at-Arms Ms. Margaret Karisa Kadenge - Serjeant-at-Arms Assistant Ms. Salome Kasichana Konde - Serjeant-at-Arms Assistant Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to the delegation, and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

Senate Minority Leader, you can take the Floor.

Bw. Spika, kwa heshima na taadhima, najiunga nawe kuwakaribisha wageni wetu kutoka kaunti tatu za nchi yetu ya Kenya.

Senate Minority Leader, the Chair is Speaking. You know Mijikenda is not one of the languages that is Parliamentary. Kindly withdraw the word enyeko and proceed to welcome the guests.

Hapa hatuna siasa zile za kulumbana, za juu ambazo watu hawaelewani kama ndugu. Hapa tunafanya ile bipartisan debate kisha tukiona pande fulani kuna suggestion nzuri zaidi, huwa tunakubaliana.

Hata hivyo, kwa mara nyingi utakuja kuona kwamba misimamo mikali pia huwa tunaifanya ndani ya Bunge letu la Seneti. Kwa hivyo, tuna uhakika mmejionea na mtawajibika. Tuko na Serjeant-At-Arms hapa ambao wanafanya kazi kubwa sana. Nina hakika mkirudi nyumbani yale mliojifunza hapa mtaweza kuyatekeleza kule nyumbani.

Asante sana, Bw. Spika.

Proceed, Senate Majority Whip.

Thank you, Mr. Speaker, Sir. It is a privilege for me to welcome the delegations from Elgeyo-Marakwet, Kilifi and the land of bull fighting. With your permission, allow me to say in Kiswahili, karibuni.

Mr. Speaker, Sir, because of the respect I have for culture, I beg you to bear with me to tell my colleagues from Elgeyo-Marakwet otogotin and of course, my people from the land of bull fighting, I tell them---

Hon. Senator, you know as the Chair, I do not have power to allow you to use other languages other than English and Kiswahili. Kindly, confine yourself to those two languages as you make your welcoming remarks.

Mr. Speaker, Sir, I stand guided, but language is dynamic. The leaders who have come from Elgeyo-Marakwet, you come from a special county. It is one of the most beautiful landscapes in the Republic of Kenya. I hope through your leadership, that beauty will be translated into performance of the County Government of Elgeyo-Marakwet.

The county has produced one of the longest serving Senators in this House, Kipchumba Murkomen. He is now our able Minister or Cabinet Secretary (CS) for Transport and Roads. We look forward to a delivering department just he delivered when he was a Senator here.

As far as Kilifi is concerned, this is the Parliament that gave honour and recognition to Kilifi. Guests from home in Kilifi, did you know that history was remade? The first Speaker of the Senate in 1963, Rt. Hon. Chokwe, was from Kilifi and the current Speaker, Rt. Hon. Kingi, is from Kilifi.

Further, the Speaker, Hon. Kingi, was elected by both sides of the House unopposed. That was a lot of honour to the people of Kilifi. What is more, the Senate Leader of Minority is also from Kilifi. He is a very good man. The only problem with him is that sometimes he has bad manners of running in a tracksuit on a day when there is no race and ends up annoying the police.

formed. How the Speaker of Kakamega worked for ten years making laws without this Committee beats logic. Given that he was a lawyer, posterity is really going to judge him badly.

I want to encourage the Members of JLAC from Kakamega County regarding certain committees. Just as here, the Committees of JLAC, Budget and Finance, Public Accounts and Investments, any government that does not have those strong committees cannot succeed.

Therefore, as we carry the shame on the rating of performance of county assemblies in Kenya, Kakamega County Assembly is number 46 out of 47. I hope that now that this Committee is there, we will move from number 46 to 1. I welcome them all.

Sen. Kisang, proceed.

Thank you, Mr. Speaker, Sir. On behalf of the Senate, I wish to welcome the teams from Elgeyo-Marakwet, Kilifi and Kakamega counties to the Senate. Elgeyo-Marakwet is a county of champions. Most people who win in the marathon and other athletics are from Elgeyo-Marakwet County. It is a good county.

The former Senate Leader of Majority before he was sacked in the last Parliament was also from Elgeyo-Marakwet County. He did very well in this House. He has also started doing well in the Executive as the CS in charge of Infrastructure and Transport. I welcome all of them to the Senate.

Use the opportunity that you have come to Senate as three counties to learn. Take back something to our counties so that you add value as you serve in those three counties. Kilifi County is very lucky because they have the Speaker of the Senate and the Senate Minority Leader here.

I want to also declare that I have interest in Kilifi because my first born has worked there close to four years at The Kenya Medical Research Institute

(KEMRI)

, doing a

PhD. Therefore, perform and deliver for the people because we have been given opportunities to serve.

Elgeyo-Marakwet County, when you go back, greet our people. Thank you very much for also giving me an opportunity to serve you as your second Senator in this House.

God bless you all.

Proceed, Sen. Wambua.

Thank you, Mr. Speaker, Sir, for this opportunity to also join you and my colleagues to welcome the delegations from Kilifi, Kakamega and Elgeyo- Marakwet counties.

I have listened to the words of Sen. (Dr.) Khalwale on how gracious God has been to the people of Kilifi County. That, you started off the House of the Senate back in the days and today, the Speaker of the Senate of the Republic of Kenya and the very able Senate Minority Leader are both from Kilifi County.

To the people of Kilifi County, we welcome you to the Senate. When you go back, we urge you to join hands with these great leaders in this nation, to wipe off the Speaker some little shame that is coming out of the county; of people invading private farms and claiming ownership. If we take that direction, we are going to lose this country.

To the people of Elgeyo-Marakwet County, yes, it is true that it is a county that has produced runners and champions. However, there is also some little shame that is creeping into that county. We are being treated to news of bandits taking over the county, including going to take one of their own from a hospital bed. That is not a very good story.

To the people of Kakamega County, Sen. (Dr.) Khalwale has reminded us that the Assembly has operated without the Joint Legislative Audit and Review Committee (JLARC) for ten years. It is a shame but I am very sure Sen. (Dr.) Khalwale would also want to bear a bit of that shame because between 2013 and 2017, he was the Senator for Kakamega County. We hope that this time round, JLARC will do a good job in Kakamega County and improve the ratings of that County.

Next Order.

The Chairperson or Vice Chairperson, Standing Committee on Trade, Industrialisation and Tourism, please, proceed.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 12th April, 2023.

Report of the Standing Committee on Trade, Industrialisation and Tourism on the County Licensing Uniform Procedures 2022 (Senate Bills No.9 of 2022) .

The Chairperson or any Member of the Standing Committee on Agriculture, Livestock and Fisheries, proceed.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 12th April, 2023.

Report of the Standing Committee on Agriculture, Livestock and Fisheries on the Agriculture and Livestock Extension Service Bill 2022 (Senate Bills No.12 of 2022) .

The Speaker (Hon. Kingi) : Next Order, Clerk.

Next Order, Clerk.

Statements pursuant to Standing Order No.56 (1) (b) . Let us have the Chairperson of the Standing Committee on Information, Technology and Communication.

If they are not ready, we can call the other Committees. We have three Statements to receive from the Committee on Information, Technology and Communication; Committee on Labour and Social Welfare; and the Committee on Land, Environment and Natural Resources.

Are the three Chairpersons ready to give their Statements?

Senator, if you are ready, just proceed. Take the Floor.

Is that Committee on Labour and Social Welfare?

Statements pursuant to Standing Order No.56 (1) (b) . Let us have the Chairperson of the Standing Committee on Information, Technology and Communication.

If they are not ready, we can call the other Committees. We have three Statements to receive from the Committee on Information, Technology and Communication; Committee on Labour and Social Welfare; and the Committee on Land, Environment and Natural Resources.

Are the three Chairpersons ready to give their Statements?

Senator, if you are ready, just proceed. Take the Floor.

Is that Committee on Labour and Social Welfare?

Yes, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.56 (1) (b) to make a Statement on the activities of the Committee on Labour and Social Welfare for the period commencing 8th September, 2022 to 11th April, 2023.

Mr. Speaker, Sir, during the period under review, the Committee held a total of 50 sittings. We considered three Bills, three Petitions and 22 Statements. The Committee also considered two legislative proposals.

In respect of the Bills the following were considered-

The Statements include the Statement concerning the status of white-collar employees laid off in 2009 at the Kenya Ports Authority (KPA). The Statement concerning the on-board process of employees in Marsabit County Government, the Statement concerning old persons cash transfer programme and the Statement concerning the distribution of relief food in Kirinyaga County.

On the Statement concerning the plight of immigrant workers in the Kingdom of Saudi Arabia, the Committee met with the Ministry of Labour and Social Protection and the National Employment Authority (NEA) on the matter. The Committee also had the opportunity to travel to the Kingdom of Saudi Arabia for a study tour and review of bilateral labour agreements.

The Committee is scheduled to meet the Ministry of Foreign and Diaspora Affairs and the Ministry of Labour and Social Protection before adopting the Report for tabling in the House. The Committee is scheduled to meet the National Treasury and the Ministry of Labour and Social Protection on Tuesday, 25th April, 2023.

The Statement by Sen. Enoch Wambua, MP, on the payment of one-off honorarium for former councillors of the defunct local authorities. The Committee has also scheduled a meeting with the Vihiga County Government on Tuesday 23rd May, 2023 to consider the Statement by Sen. Geoffrey Osotsi concerning the human resource audit process in Vihiga County.

Mr. Speaker, Sir, the Committee is awaiting responses from the Ministry of Youth Affairs and Sports and Arts for the following Statements-

The Statements include the Statement concerning the status of white-collar employees laid off in 2009 at the Kenya Ports Authority (KPA). The Statement concerning the on-board process of employees in Marsabit County Government, the Statement concerning old persons cash transfer programme and the Statement concerning the distribution of relief food in Kirinyaga County.

On the Statement concerning the plight of immigrant workers in the Kingdom of Saudi Arabia, the Committee met with the Ministry of Labour and Social Protection and the National Employment Authority (NEA) on the matter. The Committee also had the opportunity to travel to the Kingdom of Saudi Arabia for a study tour and review of bilateral labour agreements.

The Committee is scheduled to meet the Ministry of Foreign and Diaspora Affairs and the Ministry of Labour and Social Protection before adopting the Report for tabling in the House. The Committee is scheduled to meet the National Treasury and the Ministry of Labour and Social Protection on Tuesday, 25th April, 2023.

The Statement by Sen. Enoch Wambua, MP, on the payment of one-off honorarium for former councillors of the defunct local authorities. The Committee has also scheduled a meeting with the Vihiga County Government on Tuesday 23rd May, 2023 to consider the Statement by Sen. Geoffrey Osotsi concerning the human resource audit process in Vihiga County.

Mr. Speaker, Sir, the Committee is awaiting responses from the Ministry of Youth Affairs and Sports and Arts for the following Statements-

Sen. Lemaltian, you cannot walk from one side to the other. There is a procedure to be followed if you need to move from one side to the other.

You are out of order, kindly, abide by the rules.

Mr. Speaker, Sir, the Committee is also waiting for responses of the following:

Hon. Senator, kindly conclude. You have gone beyond the allowable time, that is 10 minutes. So, you can proceed to lay the Report. Senators will read the part that you are yet to conclude on. As long as you have laid it, Senators will be happy to read.

Thank you, Mr. Speaker, Sir. I beg to lay the Report on the Table.

Proceed, Chairperson Standing Committee on Lands, Environment and Natural Resources.

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

I want to comment on the Statement.

I want to comment on the Statement.

We will take comments on the three Statements.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on Lands, Environment and Natural Resourced during the first part of the Second Session, that is 14th October, 2022 to 31st March, 2023.

The Senate Standing Committee on Lands, Environment and Natural Resources is established under Standing Order No. 228 (3) of the Standing Orders and has the mandate to consider all matters relating to lands and settlement, environment, forestry, wildlife, mining, water resources, management and development.

During this period under review, the Committee held a total of 16 sittings during which it considered one Bill, 24 Statements, two messages and tabled one report.

During the period under review, the Committee considered The Natural Resources Benefit Sharing Bill (Senate Bills No.6 of 2022) . The Bill was referred to the Committee on 1st December, 2022 following its introduction in the Senate by way of First Reading.

The Committee facilitated public participation pursuant to provisions of Article 118 of the Constitution and the Senate Standing Order No.145 (5) and prepared its Report which was tabled to the Senate on 21st March, 2023 proposing the amendments on the Bill.

Mr. Speaker, Sir, the 24 Statements I have mentioned are as listed –

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

Yes, what is your point of order, Senate Majority Leader?

Yes, what is your point of order, Senate Majority Leader?

Mr. Speaker, Sir, I thought you had guided Sen. Faki and many of us who were waiting that you will allow us to make comments.

Absolutely.

Would this not be the best time?

Sure, under Standing Order No.56, we have 20 minutes for comments and interventions on those Statements. So, we may proceed.

Senate Majority Leader, you may take the Floor.

you will best serve. I know, there are colleagues who would give us best service if they were deployed to certain committees.

This is a very important exercise that we have begun, and I hope we can carry on, receive the reports of all the various committees and measure them. In fact, I was taught in school that apart from reporting by prose, the most effective way to give a report is by diagrams as well, either by charts or by tables.

I believe in the next reports that these committees will give, they will have a chart that will compare what report they give based on the outputs that are mentioned on the business that is before them, today being the 12th of April and the next one that they will give subsequently, be it a month or two. That way, we will judge our committees and appreciate the work that they are doing.

With this, it will not now be just the County Public Accounts and Investment Committee (CPAIC) that will have full membership for reasons that we do not want to indulge in. I thank you.

you will best serve. I know, there are colleagues who would give us best service if they were deployed to certain committees.

This is a very important exercise that we have begun, and I hope we can carry on, receive the reports of all the various committees and measure them. In fact, I was taught in school that apart from reporting by prose, the most effective way to give a report is by diagrams as well, either by charts or by tables.

I believe in the next reports that these committees will give, they will have a chart that will compare what report they give based on the outputs that are mentioned on the business that is before them, today being the 12th of April and the next one that they will give subsequently, be it a month or two. That way, we will judge our committees and appreciate the work that they are doing.

With this, it will not now be just the County Public Accounts and Investment Committee (CPAIC) that will have full membership for reasons that we do not want to indulge in. I thank you.

Sen. Faki, you have the Floor.

Asante, Mhe. Spika, kwa kunipa fursa hii kutoa maoni yangu juu ya ripoti zilizowasilishwa na kamati mbili muhimu; Kamati ya Ardhi na Kamati ya Leba.

Kuhusiana na Kamati ya Leba, ni ukweli, maendeleo ambayo yamefanyika ni mazuri kwa Kamati na Bunge letu la Seneti. Lakini ni masikitiko kwamba imechukua muda kidogo kuweza kukamilisha ile ripoti inayohusiana na shida wanazopitia wafanyikazi wetu ambao wako katika nchi za Uarabuni, hususan Saudi Arabia na nchi zingine za Ghuba.

Safari ilifanywa mwezi wa Januari tarehe 7 na kufikia sasa ni karibu miezi mitatu imepita na hatujaweza kukamilisha ripoti hiyo.

Kuna mambo mengi ambayo yalikuwa yamezungumziwa katika safari ambayo tulifanya kule Saudi Arabia na vile vile kamati ambayo ilikuwa inahudumu katika maswala ya leba mwaka 2017/2022 walikuwa pia wamefanya ziara katika nchi hiyo lakini masikitiko ni kwamba yale ambayo walipendekeza kutekelezwa hayajatekelezwa na Wizara pamoja na taasisi zingine za Serikali.

Ningeomba kwamba Kamati iharakishe swala hili kwa sababu ni swala ambalo liko hai kila siku. Kila siku tunapata ripoti kama hizo na itakuwa si vizuri wakati sisi tunakaa hapa na tunaacha mambo kama hayo yanaweza kupita. Asante.

Sen Kathuri, you have the Floor.

Mr. Speaker, Sir, we are happy and we will continue giving the three months’ report. As we agreed during our induction of the chairpersons’ retreat, at end of the year, with this progress, we shall be able to have a Senate Day which has never happened again. We will have a Senate Day whereby we will be able to give the Republic of Kenya a live media coverage on the progress of the Senate.

Nobody will never talk about us. It is only us, the Senators and the Senate, including the Speaker that will be able to tell the public what we have been doing here and what we intend to cover as we proceed in our five-year term.

I thank you and want to congratulate the chairpersons, those who have already presented and those others who are still in the queue. I want to encourage them to be as brief as possible so that also we do not eat into the time of other Senate business.

I thank you.

Mr. Speaker, Sir, we are happy and we will continue giving the three months’ report. As we agreed during our induction of the chairpersons’ retreat, at end of the year, with this progress, we shall be able to have a Senate Day which has never happened again. We will have a Senate Day whereby we will be able to give the Republic of Kenya a live media coverage on the progress of the Senate.

Nobody will never talk about us. It is only us, the Senators and the Senate, including the Speaker that will be able to tell the public what we have been doing here and what we intend to cover as we proceed in our five-year term.

I thank you and want to congratulate the chairpersons, those who have already presented and those others who are still in the queue. I want to encourage them to be as brief as possible so that also we do not eat into the time of other Senate business.

I thank you.

Sen. Osotsi, you have the Floor.

would urge the Committee to monitor what is happening to migrant workers because it is an avenue that will benefit the Kenyan youth once they tap into these opportunities.

I also want to connect this Committee on Labour with a Bill that has been presented to this House by Sen. Mungatana, MGH, on Article 43.

When I listen to their report, it appears as though this Committee is already oversighting on social and economic rights and we commend them for the good work and hope that they will continue tracking the progress of those rights; how those rights are being rolled out to Kenyans.

I thank you.

Thank you, Mr. Speaker, Sir. I have two things to say. First, as I join my colleagues to congratulate the chairpersons of committees, I also want to challenge them through their chairperson of the Senate Liaison Committee and SBC to look for a more innovative way of delivering these reports.

Otherwise, just reading reports here may become a little bit boring. There must be an innovative way of delivering the same content but in a manner that does not take a lot of our time but at the same time, we are able to measure what Chairpersons are doing.

Mr. Speaker, Sir, secondly, the Chairperson of the Committee on Labour and Social Welfare has indicated in his Report that on 25th of this month, which is next week, he will be meeting the Cabinet Secretary (CS) for the National Treasury and Planning to look into the matter of the one-off payment to former councillors.

Mr. Speaker, Sir, I would like to have your ear. Wakili may also benefit from this. On the issue of former councillors, can you use the authority of your Chair to give a final direction on this matter? For the past three years, we have been having conversations about former councillors and their payments. I know that in every county represented in this Senate, there are former councillors who are in dire need of just Kshs200,000.

Can you direct the Committee that this time around, the CS should come with a final report on a date when the former councillors will be paid, so that we finish this business and get into other businesses?

I thank you.

Thank you, Mr. Speaker, Sir, for the opportunity to compliment the Chairperson of the Senate Standing Committee on Labour and Social Welfare for the work they have done over the quarter. I want to highlight one of the issues that has been covered by the Committee, especially on the status of the immigrant domestic workers in Saudi Arabia and the Middle East. It is commendable that they took steps and they were able to have a conversation with the Ministry and the Cabinet Secretary and they were also able to go on a fact- finding mission to Saudi Arabia to find out the status of the domestic Kenyan workers. This issue has still not been resolved. We would urge the Committee to ensure that this issue is investigated because this is one of the avenues that our youth are going to tap into opportunities to work outside the Nation of Kenya and seek greener pastures. So, I would urge the Committee to investigate this issue. We have received reports from media as late as yesterday that one migrant worker died in Saudi Arabia. I

Bw. Spika, nawashukuru wenyeviti ambao wamesoma Taarifa zao hapa. Ijapokuwa tunawashukuru, ni jambo la kuvunja moyo kwa sababu suala la waliokuwa madiwani limekuwa sugu na nyeti.

Nakumbuka wakati Sen. Madzayo alipokuwa Mwenyekiti wa Kamati ya Labour and Social Welfare, nilileta Hoja hapa na tukajadili kuhusu suala hilo. Wakati Sen. Sakaja alipokuwa Mwenyekiti wa Kamati hiyo, pia suala hilo liliongelewa. Sasa tunaongea kulihusu tena.

Nakumbuka lililetwa hapa na Sen. Wambua na sasa limeletwa tena na Sen. Cherarkey. Sasa hivi ninapoongea, limepelekwa kwa Kamati ambapo Mwenyekiti ni Sen. (Dr.) Murgor.

Badala ya kukaa hapa kusoma ripoti--- Sijui watu wanatuchukulia vipi kwa sababu suala hili limekuwa likiongelewa hata kabla tuje katika Seneti hii. Mapendekezo yaliletwa na aliyekuwa Mwenyekiti wa Kamati ya Labour and Social Welfare, Sen.

Thank you, Mr. Speaker, Sir. I have two things to say. First, as I join my colleagues to congratulate the chairpersons of committees, I also want to challenge them through their chairperson of the Senate Liaison Committee and SBC to look for a more innovative way of delivering these reports.

Otherwise, just reading reports here may become a little bit boring. There must be an innovative way of delivering the same content but in a manner that does not take a lot of our time but at the same time, we are able to measure what Chairpersons are doing.

Mr. Speaker, Sir, secondly, the Chairperson of the Committee on Labour and Social Welfare has indicated in his Report that on 25th of this month, which is next week, he will be meeting the Cabinet Secretary (CS) for the National Treasury and Planning to look into the matter of the one-off payment to former councillors.

Mr. Speaker, Sir, I would like to have your ear. Wakili may also benefit from this. On the issue of former councillors, can you use the authority of your Chair to give a final direction on this matter? For the past three years, we have been having conversations about former councillors and their payments. I know that in every county represented in this Senate, there are former councillors who are in dire need of just Kshs200,000.

Can you direct the Committee that this time around, the CS should come with a final report on a date when the former councillors will be paid, so that we finish this business and get into other businesses?

I thank you.

Sen. Kinyua, please proceed.

Bw. Spika, nawashukuru wenyeviti ambao wamesoma Taarifa zao hapa. Ijapokuwa tunawashukuru, ni jambo la kuvunja moyo kwa sababu suala la waliokuwa madiwani limekuwa sugu na nyeti.

Nakumbuka wakati Sen. Madzayo alipokuwa Mwenyekiti wa Kamati ya Labour and Social Welfare, nilileta Hoja hapa na tukajadili kuhusu suala hilo. Wakati Sen. Sakaja alipokuwa Mwenyekiti wa Kamati hiyo, pia suala hilo liliongelewa. Sasa tunaongea kulihusu tena.

Nakumbuka lililetwa hapa na Sen. Wambua na sasa limeletwa tena na Sen. Cherarkey. Sasa hivi ninapoongea, limepelekwa kwa Kamati ambapo Mwenyekiti ni Sen. (Dr.) Murgor.

Badala ya kukaa hapa kusoma ripoti--- Sijui watu wanatuchukulia vipi kwa sababu suala hili limekuwa likiongelewa hata kabla tuje katika Seneti hii. Mapendekezo yaliletwa na aliyekuwa Mwenyekiti wa Kamati ya Labour and Social Welfare, Sen.

Madazyo, lakini hakuna jambo lolote limetendeka. Ni kama kazi yetu hapa ni kuongea tu lakini hakuna mapendekezo yoyote ambayo yanafuatiliwa.

Si hilo peke yake. Kuna wafanyikazi ambao wanasononeka kila wakati. Hao ni wale ambao wanaenda katika nchi za Uarabuni. Mambo ambayo tumekuwa tukiongea hapa ni yale yale. Tunapoongea, ni kama mapendekezo tunayotoa yanachukuliwa na Mwenyekiti ambaye hungoja muda wake uishe kisha amkabidhi mwingine anayekuja baada yake bila mapendekezo yoyote kutekelezwa.

Wenyeviti huwa wanafanya juhudi na kuzuru sehemu ambazo wanapaswa kutembelea. Hata hivyo, ni kama mapendekezo ya Kamati huwa yanawekwa katika kabati na kuozea au kupata vumbi huko na hakuna lolote linatekelezwa. Kwa hivyo, kile ambacho tungependa ni Waziri---

Nashukuru Serikali ya Kenya Kwanza chini ya uongozi wake Mhe. William Samoei Arap Ruto kwa sababu Mawaziri watakuwa wakija katika Bunge hili kujibu maswali. Waziri anayehusika atakuwa anajibu maswali. Tutakuwa na nafasi ya kumwuliza peupe ili atuelezea pale alipofikisha mambo ya madiwani.

Madiwani wanasononeka na kupata shida. Wengine wameandikwa kuchunga. Ukitembea katika Kaunti ya Laikipia, utapata kuwa waliokuwa madiwani wameandikwa kuchunga. Ukienda katika Kaunti ya Kitui, utapata kuwa hao ndio wachimba migodi. Waziri atakayekuja hapa anafaa kujibu hayo maswali magumu.

Nashukuru na kumpongeza Rais kwa kukubali Mawaziri wawe wakija hapa ili tuwaulize maswali, badala yao kujibu maswali kupitia kwa Wenyeviti wa Kamati.

Sen. Sifuna, please, proceed.

Mr. Speaker, Sir, if you look at the Report by the Committee on Land, Environment and Natural Resources, one of the Statements that was sought, that is Statement No. 6, was actually sought by me.

I was conferring with the Chair of the Committee because in the Report, they said that they have submitted copies of the report on the specific questions to the Senator who asked that question. I want to confirm that the Committee has never given me a written report on the question that I asked regarding land owners who surrendered their land for the sake of putting up a power plant in Lamu County.

Mr. Speaker, Sir, you, other Members of the Senate Business Committee (SBC) and I, have agonised about how this thing is supposed to work. In my reading of Standing Order No.53 (b) , a committee may invite the Senator. I am sure they invited Senators to attend.

However, it further says that at the end, they are required to prepare and table a report on the matter. Therefore, a Chair of a committee should come here and tell us they had ‘X’ number of Statements, sorted them out and gave the reports to the Senators.

I am sure even the people of Lamu County, who asked me to ask that question on their behalf, would have loved a situation where the Committee Chair, somehow, if we are able to work it out as the SBC, would stand here and answer the specific questions with regards to the question of land for the Lamu Power Plant.

They should highlight the situation at the point when a Senator asked the question and the response from the Ministry, so that even when those people are watching,

Mr. Speaker, Sir, I appreciate the Chairpersons of the two committees that have presented their reports today; the Committee on Land, Environment and Natural Resources and the Committee on Labour and Social Welfare. The two Chairpersons deal with committees that are major factors of production when it comes to other aspects of our life out of this House.

I had checked with the Committee on Labour and Social Welfare. I have conversed as well with the Chairperson of the Committee. I sought for a Statement on the status of employment condition and the team that is undertaking such work at the University of Bomet. I am concerned, just like a few of us who have spoken on the Statements as issued, on the timeline that has been taken by the Committee to deliver the Statement.

I am aware that we are all working against time constraints and other pressing issues. However, I implore upon the Chairpersons of the relevant committees to ensure that they do their best within good time.

This is an ongoing concern, but it has taken over three months. I know the Standing Orders provide that a report should be presented within 60 days.

It is beyond that timeframe, and I am told the Committee will have a session with the relevant institution for us to get that report.

I wish as Committees, we can push beyond the comfort zone to make sure we deliver such reports within good time.

Similarly, there is also the question that the Committee on Labour and social welfare reported on sexual harassment cases that we had in the tea estates in Kericho and

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

You cannot raise a point of order because the hon. Senator is already done contributing.

We are going to have the last person to contribute. We only have two minutes because we were to end at 38.

Sen. Wakili Sigei, you have one minute.

Mr. Speaker, Sir, I appreciate the Chairpersons of the two committees that have presented their reports today; the Committee on Land, Environment and Natural Resources and the Committee on Labour and Social Welfare. The two Chairpersons deal with committees that are major factors of production when it comes to other aspects of our life out of this House.

I had checked with the Committee on Labour and Social Welfare. I have conversed as well with the Chairperson of the Committee. I sought for a Statement on the status of employment condition and the team that is undertaking such work at the University of Bomet. I am concerned, just like a few of us who have spoken on the Statements as issued, on the timeline that has been taken by the Committee to deliver the Statement.

I am aware that we are all working against time constraints and other pressing issues. However, I implore upon the Chairpersons of the relevant committees to ensure that they do their best within good time.

This is an ongoing concern, but it has taken over three months. I know the Standing Orders provide that a report should be presented within 60 days.

It is beyond that timeframe, and I am told the Committee will have a session with the relevant institution for us to get that report.

I wish as Committees, we can push beyond the comfort zone to make sure we deliver such reports within good time.

Similarly, there is also the question that the Committee on Labour and social welfare reported on sexual harassment cases that we had in the tea estates in Kericho and

Mr. Speaker, Sir, indeed, neither Sen. Sifuna nor Sen. Wakili Sigei are out of order. I am rising on this point of order to invite you to reflect on the remarks by Sen. Sifuna and to an extent Sen. Wambua.

Listening to the business we have transacted on Statements, we appear to be dealing with statistics. You need to make a determination, that if we shall receive Statements in this manner, then we might as well stop it.

Sen. (Dr.) Khalwale, have a seat. You sit in the Senate Business Committee (SBC) . Is it? Are you a Member of the SBC?

Thank you, Mr. Speaker, Sir. You are right but the level of debate---

The reason I am asking, is because I am going with your suggestion. Please, have a seat. The reason I did not want to pronounce myself on these matters is because I felt we can adequately handle those matters at the SBC level.

Sen. (Dr.) Khalwale, have a seat. You sit in the Senate Business Committee (SBC) . Is it? Are you a Member of the SBC?

Thank you, Mr. Speaker, Sir. You are right but the level of debate---

The reason I am asking, is because I am going with your suggestion. Please, have a seat. The reason I did not want to pronounce myself on these matters is because I felt we can adequately handle those matters at the SBC level.

I have taken note of the concerns of Sen. Sifuna, Sen. Wambua, and the good input by Sen. Wakili Sigei. I believe when we retire as SBC, we will come up with a better way of making sure that these Statements respond to what we intend them to.

I may not pronounce myself on the issues now because I feel we should discuss the issues at the SBC. We shall then come up with a better way of making sure that this Statement give us the kind of results we are looking at. Your concerns are valid, and we will discuss them at the SBC.

Mr. Speaker, Sir, I want to contribute on this issue.

The lack of rainfall also inhibits the ability of residents to acquire food and has led to eruptions of violence in this region. In many areas, the shortage of water in Kenya has been amplified by the Government's lack of investment in water, especially in the northern region.

Mr. Speaker, Sir, another population that is affected by this shortage of water are the urban poor. Their access to clean safe water has been a challenge. This has led to reported cases of cholera epidemics and multiple other diseases that has affected their health and livelihoods.

Despite this critical shortage of clean water, there also is a large rural-to-urban discrepancy in access to clean water in Kenya.

Despite the progress made by county governments and other private bodies, it is important to review the causes of Kenya's water crisis to improve the situation further and to prevent future disasters.

From my findings, the essential causes of the water crisis in northern parts of Kenya are drought, environmental degradation, poor management of water supply, and the rapid population increase.

Mr. Speaker, Sir, I would emphasize the drought effect since it is grievously affecting my people. Over the past decade, the northern region of this country has experienced a severe unending drought. Global warming is one critical factor that has prolonged the drought. As a result, millions of Kenyans living in the northern region are unable to survive and keep their livestock alive, which is their main source of livelihood.

When drought strikes, many pastoralists are left to starve to death. Food aid is not sustainable. A marshal plan by the Government to build mega dams in each of the northern counties to undertake water exploration in Samburu, Turkana and Marsabit counties is much welcome. This will diversify the means of livelihood and economic activities in order to curb insecurity in the region, introducing agriculture as an alternative means of livelihood.

Mr. Speaker, Sir, it is about time to shift our focus from poverty eradication to wealth creation. I have keenly noted that poverty eradication in this country has heavily resulted in overdependence on food aid and handouts, which are absolutely unsustainable and create a culture of laziness. Agriculture will avert banditry. It will improve livelihoods and contribute to the overall Gross Domestic Product (GDP) of the country; given that we have 75 per cent of the Kenya’s land mass.

Agriculture will completely shift focus on the endangered, unsustainable pastoralism and provide a sustainable alternative to our livelihood. Widespread famine has led to the degradation of forests, desertification, loss of livestock and consequently, human lives. Extreme drought has hastened and heightened banditry, poverty and school dropouts.

Mr. Speaker, Sir, I am orthodoxically calling for the renaissance of an agriculture revolution in the northern region of this country. The next billionaires in this world will be coming from agriculture and Information Communication and Technology (ICT) sectors. Agriculture is a low-hanging fruit for the vast, bare and fertile landmass in the north. It is the most realistic approach towards economic and youth employment, wealth

creation, conflict eradication, and most importantly, the realization of Sustainable Development Goal (SDG) No.3 on good health and well-being.

The 17 SDGs will be achieved in Kenya by simply providing water to the northern parts of Kenya. Since all lizards lie on their bellies, one can hardly tell which has a stomach ache. Here is a lizard that is announcing that they have a stomach ache. We need water and we need to end the war.

Mr. Speaker, Sir, we cannot beat the drum with one finger. Therefore, I call upon my fellow colleagues to help me reinforce this agenda.

The lack of rainfall also inhibits the ability of residents to acquire food and has led to eruptions of violence in this region. In many areas, the shortage of water in Kenya has been amplified by the Government's lack of investment in water, especially in the northern region.

Mr. Speaker, Sir, another population that is affected by this shortage of water are the urban poor. Their access to clean safe water has been a challenge. This has led to reported cases of cholera epidemics and multiple other diseases that has affected their health and livelihoods.

Despite this critical shortage of clean water, there also is a large rural-to-urban discrepancy in access to clean water in Kenya.

Despite the progress made by county governments and other private bodies, it is important to review the causes of Kenya's water crisis to improve the situation further and to prevent future disasters.

From my findings, the essential causes of the water crisis in northern parts of Kenya are drought, environmental degradation, poor management of water supply, and the rapid population increase.

Mr. Speaker, Sir, I would emphasize the drought effect since it is grievously affecting my people. Over the past decade, the northern region of this country has experienced a severe unending drought. Global warming is one critical factor that has prolonged the drought. As a result, millions of Kenyans living in the northern region are unable to survive and keep their livestock alive, which is their main source of livelihood.

When drought strikes, many pastoralists are left to starve to death. Food aid is not sustainable. A marshal plan by the Government to build mega dams in each of the northern counties to undertake water exploration in Samburu, Turkana and Marsabit counties is much welcome. This will diversify the means of livelihood and economic activities in order to curb insecurity in the region, introducing agriculture as an alternative means of livelihood.

Mr. Speaker, Sir, it is about time to shift our focus from poverty eradication to wealth creation. I have keenly noted that poverty eradication in this country has heavily resulted in overdependence on food aid and handouts, which are absolutely unsustainable and create a culture of laziness. Agriculture will avert banditry. It will improve livelihoods and contribute to the overall Gross Domestic Product (GDP) of the country; given that we have 75 per cent of the Kenya’s land mass.

Agriculture will completely shift focus on the endangered, unsustainable pastoralism and provide a sustainable alternative to our livelihood. Widespread famine has led to the degradation of forests, desertification, loss of livestock and consequently, human lives. Extreme drought has hastened and heightened banditry, poverty and school dropouts.

Mr. Speaker, Sir, I am orthodoxically calling for the renaissance of an agriculture revolution in the northern region of this country. The next billionaires in this world will be coming from agriculture and Information Communication and Technology (ICT) sectors. Agriculture is a low-hanging fruit for the vast, bare and fertile landmass in the north. It is the most realistic approach towards economic and youth employment, wealth

creation, conflict eradication, and most importantly, the realization of Sustainable Development Goal (SDG) No.3 on good health and well-being.

The 17 SDGs will be achieved in Kenya by simply providing water to the northern parts of Kenya. Since all lizards lie on their bellies, one can hardly tell which has a stomach ache. Here is a lizard that is announcing that they have a stomach ache. We need water and we need to end the war.

Mr. Speaker, Sir, we cannot beat the drum with one finger. Therefore, I call upon my fellow colleagues to help me reinforce this agenda.

Statement pursuant to Standing Order No.53 (1) , by the Sen. Kathuri.

Mr. speaker, Sir, I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing on the state of progress in the evaluation of tenders and the commencement of dualling works of Meru Town roads B66/A9 Project, Phase One.

In the Statement, the Committee should -

The Message communicates a resolution by the County Assembly to petition Parliament for a declaration, inter alia, that:

Hon. Senators, I wish to report to the Senate that I have, pursuant to Standing Order No.48 (3) and (5) , received a Message from the Clerk of Elgeyo-Marakwet County Assembly. The Message, dated Tuesday, 14th March, 2023, and communicated by way of a Petition addressed to the Clerk of the Senate, was received on 5th April, 2023.

Sen. Veronica Maina, allow me to consult the Secretariat because they are the custodians of the HANSARD to give us the true position.

I am informed that according to the HANSARD, at the time of interruption of debate, the Sen. Mumma was on the Floor and she had a balance of seven minutes. If she is in the House, she can take the Floor. If she is not in, then I ask Sen. Maanzo to proceed.

The debate on this Bill had started before it was interrupted at the time of adjournment.

Hon. Sen. Veronica Maina was on the Floor when debate was interrupted. She has a balance of seven minutes.

Sen. Veronica Maina; Thank you, Mr. Speaker, Sir. We proceeded from that point as a way of information, though I do not know whether I should be informing the Chair. We did proceed yesterday.

I covered my final minutes on that debate, it proceeded on, and there was further debate from other Senators. Sen. Mumma was on the Floor at the time of interruption and had seven minutes left.

Sen. Veronica Maina, allow me to consult the Secretariat because they are the custodians of the HANSARD to give us the true position.

I am informed that according to the HANSARD, at the time of interruption of debate, the Sen. Mumma was on the Floor and she had a balance of seven minutes. If she is in the House, she can take the Floor. If she is not in, then I ask Sen. Maanzo to proceed.

society and the just government of the people.” Therefore, this sort of legislation is extremely important. It is not the only one. There are quite a number of other laws, other Acts of Parliament which have to still be enacted under the provisions of the Constitution to meet different purposes, especially economic and social rights, so that we have a just society.

We should have a society where when you want to register a company and you are a foreigner or you are a local person, it is efficient. We have a situation whereby if there is human rights violation like it has happened in the north, then that matter can be investigated and followed so that the families of whichever person has been killed accidentally, or by mistake, are compensated.

When this Bill goes for Third Reading, we want to enrich what Sen. Mungatana, MGH, has done so that the law can be potent to serve the people of Kenya.

I thank you, Mr. Speaker, Sir. I support.

that legislation will be made so that it can be brought to effect. Human dignity runs from so many things from land rights to so many other activities. It goes to so many other activities such that you can deal with quite a number of issues, which have not been implemented.

On the issue of historical injustices, there have been commissions dealing with one thing or another, conclusions made, but there has been no implementation at all. If there is historical injustice whereby the Government needed to compensate, you find that, that compensation has not taken effect. When it comes to social and economic rights, it should be that the country is balanced so that when we make a budget, we are able to cover every aspect of the nation.

I like what the nominated Member from the north has just said. That the north is the future of this country. We only require to beef up security. It has a lot of land and rivers. If all that water is tapped, then people will have enough food and there will be development. The biggest companies will be made in that particular part of the world.

In the example of America, the North West, California and all other desert states were for many years neglected. When they did Hoover Dam in in Las Vegas in the middle of a desert, there is a lot of agricultural activity, which takes place from that particular area and economic activity has gone there. Las Vegas is a very big commercial town, which started in the middle of a desert. These are some of the things we need to look at so that we balance the country. We should make sure that there are no disadvantaged people. We make sure that we do not have ten billionaires and 50 million poor people who cannot put food on the table; people who when their rights are violated, they cannot be attended to.

Mr. Speaker, Sir, there have been many abuses, which have gone untreated. It has to be a mixture of many things how the police work with the people, how to implement some of the Acts. Unfortunately, we have many regulations which have expired in many Acts of Parliament. I sit in the Committee of Delegated Legislation with Sen. Mungatana where Sen. Gataya Mo Fire is our Chairperson.

The law provides clearly that the Minister should bring regulations for renewal to us, then they want to hide behind the Attorney-General. The Cabinet Secretary should present the regulations to this House or to our committees for us to approve or disapprove. They make them again or we work together with them. We make sure there are regulations. One of the good examples is the Public Order Act. There are regulations which were made in the year 2000 by the then Attorney General, Sen. Amos Wako, which were wonderful regulations that expired in the year 2010. There was a leeway of two years, but nobody renewed them.

When there are issues and the Senate Minority Leader Minority was charged in a court, and then we realized there are no regulations to implement the Public Order Act. What is the process of declaring an assembly illegal? Consequently, after a few days, although there were other factors, the same matter was withdrawn from court because it could not be sustained for lack of regulations.

When these laws are made, they are also implemented with the regulations and to make them effective. They enable us to serve as our mottos says: “For the welfare of

society and the just government of the people.” Therefore, this sort of legislation is extremely important. It is not the only one. There are quite a number of other laws, other Acts of Parliament which have to still be enacted under the provisions of the Constitution to meet different purposes, especially economic and social rights, so that we have a just society.

We should have a society where when you want to register a company and you are a foreigner or you are a local person, it is efficient. We have a situation whereby if there is human rights violation like it has happened in the north, then that matter can be investigated and followed so that the families of whichever person has been killed accidentally, or by mistake, are compensated.

When this Bill goes for Third Reading, we want to enrich what Sen. Mungatana, MGH, has done so that the law can be potent to serve the people of Kenya.

I thank you, Mr. Speaker, Sir. I support.

Sen. Mumma, you can have your seven minutes?

Thank you, Mr. Speaker, Sir. Accept my sincere apologies for not being there when you called me.

Mr. Speaker, as presented yesterday in my submission, I support this Bill. I urge colleagues to support it because it may be the most important Bills that we will ever pass. It helps us to methodically put in place a mechanism that can assist us to implement Article 21 of the Constitution, which is putting in place legislative policy and other measures for implementing the rights provided for in Article 43.

I had said a number of things yesterday, but I wish to add that the implementation of socio-economic rights has come to Kenya in different forms. We have signed on to SDGs and have developed a mechanism for implementing them. We have signed on to Vision 2030, which phrases things differently, but it also implements provisions in Article 43.

We have the implementation of these rights by different sectors. This Bill should be a tool that we, as Parliament, should use to put in place the mechanism that can help us to enforce those rights. We have different actors moving independently and developing the tools for monitoring the implementation of different things, for example, health or water.

We have the Department of Planning at the national Government. We have the National Treasury, the Vision 2030 team, the SDGs implementation teams, county governments and the Council of Governors (CoGs) trying to get all these things. This should be the law that should bring all these actors together. This should include the two Standing Committees of Justice, Legal Affairs and Human Rights of the National Assembly and the Senate to define the standards that can help us measure progressive realizations of the rights provided for in Article 43.

I support this Bill with the proposed amendments on this Floor. I also suggest that we remove the aspects of the law that may clash with other laws without providing a solution.

We should use this opportunity to bring together the different actors and agree that the implementers of health in this country cannot be in six locations. It is the

national Government and the county governments. So, we will have one policy. We will define the goals we want to achieve, then develop the standards that will help us to measure how we are progressing in the delivery of that right. We will be able, in a very simple way, to have implementers oversighted on whether they are achieving the set-up goals or not.

Mr. Speaker, Sir, today, I looked at the dashboard for monitoring implementation of the SDGs. We have made a dashboard that indicates how Kenya is doing on SDG one, two or three. It is a separate tool that we use to report at the international level. However, when you go to the Ministry of Health, there is no equivalent dashboard to that of SDGs. Vision 2030 has its own tool on how to monitor how we achieve economic growth and enable the rights to health.

Mr. Speaker, Sir, you will agree with me that the implementer is not in three locations. It is with the county governments and national Government and possibly the parastatals attached either to both. Therefore, this law should bring everybody together with its mechanisms. It should decide the role of Parliament and how to define it; the role of Article 59 Commissions and how it should be defined. Further, it should decide the roles of the implementers at the national and county level and how they should be defined.

This is how we want to define the intergovernmental mechanisms in order to enable a coordinated, methodical and periodic way of telling Kenyans that we have moved from 40 per cent implementation on health to 60 per cent or we have implemented 20 per cent of rights to water to 10 per cent and we need to do something about it.

I support the implementation of this important Bill with amendments proposed by the Committee on Justice, Legal Affairs and Human Rights and Members on the Floor.

Proceed, Sen. Cheptumo.

ensuring the implementation of rights and fundamental freedoms of our nation and our people.

Mr. Speaker, Sir, I support this Bill and I think it is important that we pass it so that we move to the Third Reading and pass it into law.

Mungatana, MGH, that he has brought an enabling legislation so that now Kenyans can access and test the veracity of Article 43 of the Constitution. We can say it is the right of every Kenyan in every part of this country to have access to health, education, good road networks and water.

You know there is one thing that we must also disabuse ourselves and disabuse this nation of. Governments do not give rights to citizens. The rights of the citizens are enshrined in the Constitution and enabling legislation. With the passage of this law, I believe Kenya will be a better place to live in.

Mr. Speaker, Sir, I will go to Part II of the Bill on obligations of the national and county governments. I like it that Sen. Mungatana, MGH, has properly applied his mind to this Bill. There are obligations that belong to the national Government and those to the county governments.

On the obligations of the national Government, in Clause 5(d), the proposer of the Bill says that the national Government should put in place adequate infrastructure that will be necessary to meet the obligations of its citizens in realizing their economic and social rights.

Mr. Speaker, Sir, some of these pieces of infrastructure include roads and dams. However, there is one thing that we hardly ever talk about. Therefore, I want to make it alive in this Bill. That is the issue of regional airstrips.

The other day, as I joined my principals in going around the country to preach peace and give people an opportunity to exercise their rights, I landed at Kakamega and Trans Nzoia airstrips. They are beautiful pieces of infrastructure.

In terms of making people access infrastructure to be able to realize their economic and social rights, I remember it was the promise of the Kenya Kwanza Coalition, that there will be at least one airstrip in every county. That is important because this country must begin to be aspirational even in terms of development.

It is a bit difficult for citizens of Kenya from far-flung areas who work in the capital to often visit their rural counties using roads because of ventures of road transportation. If we can achieve the dream of having a properly done and functioning regional airstrip in at least every county, that will really help in pushing forward the development agenda in this country.

Mr. Speaker, Sir, big counties like Kitui have only one dilapidated and unusable airstrip. The only aircraft that can land at Ithookwe Airstrip in Kitui is maybe a chopper. The smallest caravan cannot even land there. A county as expansive as that should have airstrips in Kitui, Mutomo and Tseikuru. That would spur development, communication and transportation.

Finally, on the obligation of the county governments, I have seen in Clause 5(2)(d), under the county government obligation, that the sponsor is talking about prioritizing allocation of resources to ensure the realization of economic and social rights, while taking into account the special needs of vulnerable persons. That is important.

Maybe this is the time that it should be illegal. Counties that do physical planning should not issue construction licenses and authority to contractors who do not take into account the special needs of Persons with Disabilities (PWD).

Thank you, Mr. Speaker, Sir, for this opportunity to make a contribution to this wonderful proposed piece of legislation by Sen. Mungatana, MGH. From the onset, I want to say that I fully support it.

Human dignity is an integral part of life and living. If you deprive people of their dignity, then to a great extent, those people are deprived of a critical part of their lives. I want to go straight to just three or four aspects of the proposed Bill; the Bill that we are debating in the Second Reading.

I take note of part one of the Bill in Clause 4. That is where I want to begin my contribution. On the guiding principles of this Bill, Part 4 states clearly: -

“All persons shall, in the performance of their functions under this Act, be guided by the following principles, in addition to the national values and principles set out under Article 10 of the Constitution and the objects of devolution set out under Article 174 of the Constitution.” I want to go to Clause 4 (b) - Non-discrimination.

Mr. Speaker, Sir, these Bills allow us the opportunity to speak the truth to power and to correct misbehaviour by people in authority. Even if those people are Senators, then they must be called to order.

We have all listened to speeches from some persons in authority and because they are not here, we may not go into a debate without a substantive Motion. This Bill drafted by Sen. Mungatana, MGH, proposes that there should be no discrimination against human beings; Kenyans, irrespective of where those people come from, the religion that they subscribe to, and their political affiliations. That one line is a powerful line.

Even after an election and people go into the polls and elect their leaders: Senators, Governors, Members of the National Assembly, and their President and Deputy, once the results of that election are announced and either accepted or not accepted, you cannot discriminate any person in this country on the basis of how you perceive them to have voted.

Mungatana, MGH, that he has brought an enabling legislation so that now Kenyans can access and test the veracity of Article 43 of the Constitution. We can say it is the right of every Kenyan in every part of this country to have access to health, education, good road networks and water.

You know there is one thing that we must also disabuse ourselves and disabuse this nation of. Governments do not give rights to citizens. The rights of the citizens are enshrined in the Constitution and enabling legislation. With the passage of this law, I believe Kenya will be a better place to live in.

Mr. Speaker, Sir, I will go to Part II of the Bill on obligations of the national and county governments. I like it that Sen. Mungatana, MGH, has properly applied his mind to this Bill. There are obligations that belong to the national Government and those to the county governments.

On the obligations of the national Government, in Clause 5(d), the proposer of the Bill says that the national Government should put in place adequate infrastructure that will be necessary to meet the obligations of its citizens in realizing their economic and social rights.

Mr. Speaker, Sir, some of these pieces of infrastructure include roads and dams. However, there is one thing that we hardly ever talk about. Therefore, I want to make it alive in this Bill. That is the issue of regional airstrips.

The other day, as I joined my principals in going around the country to preach peace and give people an opportunity to exercise their rights, I landed at Kakamega and Trans Nzoia airstrips. They are beautiful pieces of infrastructure.

In terms of making people access infrastructure to be able to realize their economic and social rights, I remember it was the promise of the Kenya Kwanza Coalition, that there will be at least one airstrip in every county. That is important because this country must begin to be aspirational even in terms of development.

It is a bit difficult for citizens of Kenya from far-flung areas who work in the capital to often visit their rural counties using roads because of ventures of road transportation. If we can achieve the dream of having a properly done and functioning regional airstrip in at least every county, that will really help in pushing forward the development agenda in this country.

Mr. Speaker, Sir, big counties like Kitui have only one dilapidated and unusable airstrip. The only aircraft that can land at Ithookwe Airstrip in Kitui is maybe a chopper. The smallest caravan cannot even land there. A county as expansive as that should have airstrips in Kitui, Mutomo and Tseikuru. That would spur development, communication and transportation.

Finally, on the obligation of the county governments, I have seen in Clause 5(2)(d), under the county government obligation, that the sponsor is talking about prioritizing allocation of resources to ensure the realization of economic and social rights, while taking into account the special needs of vulnerable persons. That is important.

Maybe this is the time that it should be illegal. Counties that do physical planning should not issue construction licenses and authority to contractors who do not take into account the special needs of Persons with Disabilities (PWD).

We should not have new buildings constructed that do not respond to the special needs of PWD. That is what the Mover of the Bill is talking about. Even PWD and those with special needs have equal rights to access buildings and transportation and be taken care of when it comes to infrastructural development in every part of this country.

Mr. Speaker, Sir, so that I do not take a lot of time, I thank Sen. Mungatana, MGH, for bringing up this Bill which I fully support.

I thank you.

Sen. Okiya Omtatah

Mr. Speaker, Sir, you wonder whether this country has been divided into regions that are secluded for development and others that will never get development. I will say this because our people are still moving and wandering around with livestock because there are no dams. Rains come and the water is not harvested. They continue staying in dry areas yet these areas can feed the whole country.

If this rain water was harvested, we could get water for irrigation and livestock. Some regions enjoy agricultural extension services and others do not. We thought devolution will be a solution to our problems because our counties would address some of these things, but counties have become a let-down. They will need to address some of these services such as health and water provision.

Mr. Speaker, Sir, education is still a problem in some regions. I was speaking to a fellow Senator in the lounge who asked us to help him construct a school. You wonder at this day and time that there are schools constructed with matope in this country and yet in other places, we have high rise schools. This is a country of inequalities; a country that some have more say, more rights and others are spectators.

Sen. Mungatana, MGH, you have spoken to our hearts in this Bill. I urge the Members of this House to pass this Bill. Let us continue passing good legislation and see whether the conscience of those in the Executive will be pricked to treat Kenya as an equal platform for all Kenyans; to receive fair services for all people. It should be our right.

Mr. Speaker, Sir, during the campaigns, we went across the country. However, it hurts every day when you see well-developed regions continue getting more resources whilst there are regions that have been neglected for many years.

Right now, for a woman to give birth and remain alive in a place such as Kajiado, Samburu or Turkana is by the grace of the God. Our health facilities are wanting. There are no hospitals, roads or airstrips. It would be the greatest privilege for us to ask for an airstrip. We are asking for roads, in fact, murram roads and not even tarmac roads.

Let us use this platform; this House, to equalize Kenya; a House platform that will treat all Kenyans equally, fairly and justly.

Thank you, Mr. Speaker, Sir.

Sen. Okiya Omtatah

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Bill by the hon. Sen. Mungatana, MGH, of Tana River County.

Article 43 gives a not-exhaustive list of economic and social rights. A common factor of these rights is that they all require money. The right to a highest attainable standard of health, which includes the right to healthcare services, including reproductive healthcare, requires money to be invested in health infrastructure; accessible and adequate housing and to reasonable standards of sanitation require money; to be free

from hunger and to have adequate food to acceptable quality requires money. To access clean and safe drinking water in adequate quantities requires money. To have social security, education and emergency medical treatment require money.

Mr. Speaker, Sir, where does the money come from? The money must come from the enterprises within the polity. What are we doing to our enterprises? Since Independence, we have had a culture of cannibalizing public assets and enterprises and privatizing them.

As I support this Bill, we must realize these rights ride on a robust economy. If our economy goes to the dogs and become a basket case, we can only dream about these rights. That calls for a very important thing that must happen in this polity, the rule of law to ensure that public assets are put to the use and to the purpose which they are intended for. Otherwise, we will end up writing a lot of poetry about socio-economic rights, yet the Constitution itself at Article 20(5) states that:

Yes, Mr. Deputy Speaker, Sir, CASs. I am a bit confused because they are a political animal and yet they are in the public service, in total violation of the Constitution. They are bloating the cost of administration. A lot of money is going to recurrent expenditure yet we are talking of trying to develop this country.

It is time that this Government should tighten its belt, reduce unnecessary spending and ensure that it invests in the economy and make it grow. Socio-economic rights basically means giving everybody a share of the cake. When the cake is too small, it cannot be shared. It will result in some stampede.

To achieve socio-economic rights, we must bake a bigger cake. As I speak, I do not see any credible plans to bake a bigger cake, so that we realize socio-economic rights

Thank you. Sen. Mariam Omar, kindly proceed.

example, in Kilifi, Nyeri and Marsabit counties. They should tell us how many people they have pulled out of poverty out of its programmes.

It should not talk about creating employment because we know that real employment is created by the private sector. It should talk about creating an enabling environment where the people have become millionaires and they are investing and expanding the economy and creating new wealth.

We want to see factories thriving in areas like Kiambu County. They are virtually peri-urban. It is no longer viable to run these areas that surround Nairobi City County on peasant economies. That is why many youths have become delinquent because they see no future.

These socio-economic rights are very important. This Bill is long overdue and we support it. We should pass it immediately. Again, it must just be an interventionary or transitory law that addresses historical injustices. The challenge is on the Government of the day to come up with a formula of creating millionaires across the country. There are too many poor people in this country for there even to be effective taxation or anything that you can call a State. As a modern State and a middle-income economy, we do not need to have this kind of contradictions in our economy.

I support this Bill and I congratulate Sen. Mungatana, MGH, “the crocodile eater” – if I may be allowed to call him that – for giving us this special Bill. It will ensure that the medical care that I get at a clinic in Moyale is the same as that of a clinic in Runda.

Thank you. Sen. Mariam Omar, kindly proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Bill. Article 43 of our Constitution is more of a socio-economic right. First, I thank Sen, Mungatana, MGH, for bringing this Bill. If this Bill goes through, it will be more advantageous to the marginalised communities.

Mr. Deputy Speaker, Sir, in Mandera County, we were crying because of drought up until three weeks ago. As I speak, there is rain and floods everywhere. We need capacity building on how to harvest the water for a long-time plan. We also need capacity building on how to transform from pastoralism to agriculture in order for our region to be food secure.

Mr. Deputy Speaker, Sir, when it comes to service rendered such as issuance of birth certificates, passports and identifications cards (IDs) , we are discriminated against on the other side. We only have one birth registration centre in Mandera Town yet people must access the service nearer to them. To access this service, our people are forced to walk from Takaba and other far-flung areas to Mandera. They travel almost 300 kilometres to get their rights. Service delivery must be nearer to the people.

The other issue is on vocational training. In Mandera County, there is a teacher’s training college, which has been built. However, it has not been operational because of lack of equipment. There is also a nursing training college that is not operational yet there is high turnover of nurses in our hospitals. If we train our people from Mandera in nursing, we can employ them and reduce the high turnovers in the hospitals.

Mr. Deputy Speaker, Sir, the other issue is on clean water. Every citizen in Kenya must get clean drinking and sanitation. Currently, there is an outbreak of Cholera in Mandera County. That means that people are consuming unclean water. The pastoralists must get clean water near.

Due to time constrain, allow me to conclude and congratulate Sen. Mungatana, MGH, for the Bill. I appreciate him for his efforts.

Thank you, Senator. Sen. Faki, you have the Floor.

Asante, Bw. Naibu Spika, kwa kunipa fursa hii kuchangia Mswada ambao umeletwa Bungeni na Sen. Mungatana, MGH, Seneta wa Kaunti ya Tana River, kule ambako mamba wanashindana na wananchi kwa huduma za maji.

Mswada huu ni muhimu sana ikizingatiwa kwamba Katiba yetu ya mwaka 2010 iliweka bayana haki za jamii - social rights na haki za kiuchumi - economic rights. Kifungu cha 43 cha Katika ya Kenya kinatoa wazi haki hizo, zikiwemo haki ya afya bora pamoja na haki za kimsingi za kuzaa, haki ya kuwa na nyumba ama makaazi ya kuishi, haki ya kuwa na hali ya juu ya usafi, haki ya kupata chakula cha kutosha na chenye virutubisho vyote, haki ya kimsingi ya lishe kwa watoto, haki ya kuwa na maji safi ya matumizi na kwa wingi, na haki za kijamii kama vile ruzuku zinazotolewa kwa jamii tofautitofauti ambazo hazijiwezi. Pia, tuna haki za elimu.

Haki hizi zote ni muhimu na ni za kimsingi. Lakini jambo la kusikitisha ni kwamba, hata zile haki za kibinadamu za kimsingi, tumeona kwamba bado zinahujumiwa na Serikali yetu ya sasa. Kwa mfano, hivi majuzi, haki ya kuandamana; haki ya kupeleka stakabadhi kwa ofisi za kiserikali ilihujumiwa pakubwa wakati hata Wabunge na Maseneta walishikwa kwa kutekeleza haki hiyo.

Haki hizi zote zitakuwa ni ndoto mpaka pale Serikali itakapoona kwamba kuna umuhimu kwanza wa kulinda haki ya binafsi ya kimsingi ya maisha. Tumeona watu kadhaa waliuliwa katika maandamano ambayo yalikuwa ya amani. Tumeona kwamba itakuchukua muda mrefu sana kuweza kuzipata haki hizi iwapo Serikali itakuwa bado na zile fikra potovu kwamba maandamano yoyote ni maswala ya fujo. Kwa hivyo, watu wapigwe na kufukuzwa ili wasitekeleze azima yao ya kuandamana.

Tukiangalia, ijapokuwa ugatuzi umeweza kusongesha mbele haki hizi, tumeona, kwa mfano, kaunti tofauti zimeweza kujenga zahanati na hospitali za kisasa, wameweza kurahisisha kupatikana kwa maji safi. Kuna kaunti nyingi ambazo zinatoa ruzuku kwa watoto ama lishe kwa watoto wanaokwenda katika maeneo yale ili waweze kupata chakula. Hata wale ambao wanasoma shule za msingi au chekechea wanapata lishe ili wasisafiri kuenda makwao kupata chakula cha mchana wakati wameenda shule. Ijapokuwa kaunti nyingi zimeweza kufanya hivyo, hali hii pia inahujumiwa kwa kucheweleshwa kwa zile ruzuku ambazo zinapelekwa katika kaunti hizi kila mweli kulingana na sheria.

Kwa mfano, katika Kaunti ya Mombasa, pesa za mwisho zimepelekwa na Serikali kuu mwezi wa Disemba Mwaka jana. Hiyo inamaanisha kwamba zile huduma zote ambazo kaunti ile ilikuwa imepanga kufanya, kwa mfano, kupeleka lishe kwa watoto, kuleta maji safi kwa wananchi, zote zimmelemaa kwa sababu ya upungufu wa fedha.

Sijaelewa vizuri. Hao ni watu wa aina gani?

Kwa Kiingereza, tunaweza kusema ni puppets wa Serikali zilizoko. Na hii haikuanza sasa---.

Vikaragosi kwa Kiingereza ni cartoons, vitu kama hivyo? Sijaelewa kama hiyo ni lugha ya kutumia katika Bunge letu la Seneti.

Samahani, Bw. Naibu Spika, kama umeielewa hivyo. Mategemeo yangu ni kwamba ni watu ambao hawana msimamo katika mambo ambayo wametumwa kufanya.

Kwa hivyo, hata tukiwa na sheria nzuri namna gani, wale ambao watatumwa kutekeleza sheria zile, ikiwa ni watu waoga ambao wanajali mkate wao kwanza kuliko kujali yale mambo ambayo yanafanyika, itakuwa ni kazi ya bure.

Ninampongeza ndugu yetu, Sen. Mungatana, MGH, kwa maswala haya. Tukiangalia maswala mengi ambayo kwa mfano, haki za wale---

Kwa Kiingereza, tunaweza kusema ni puppets wa Serikali zilizoko. Na hii haikuanza sasa---.

Vikaragosi kwa Kiingereza ni cartoons, vitu kama hivyo? Sijaelewa kama hiyo ni lugha ya kutumia katika Bunge letu la Seneti.

Samahani, Bw. Naibu Spika, kama umeielewa hivyo. Mategemeo yangu ni kwamba ni watu ambao hawana msimamo katika mambo ambayo wametumwa kufanya.

Kwa hivyo, hata tukiwa na sheria nzuri namna gani, wale ambao watatumwa kutekeleza sheria zile, ikiwa ni watu waoga ambao wanajali mkate wao kwanza kuliko kujali yale mambo ambayo yanafanyika, itakuwa ni kazi ya bure.

Ninampongeza ndugu yetu, Sen. Mungatana, MGH, kwa maswala haya. Tukiangalia maswala mengi ambayo kwa mfano, haki za wale---

Is he in order to start talking about puppets and get completely irrelevant out of the current debate? He has veered off from the discussion and the content of the Bill that is under discussion and continues to consistently attack the Government of Kenya Kwanza, which has not yet been named in that Bill. He has talked about puppets. Is he in order to continue in that line?

Sen. Faki, you need to use proper parliamentary language, so that you avoid these points of order.

I corrected you when I heard you use some unparliamentary language. Therefore, I request you to---

You were debating well. Just use the right language.

Bw. Naibu Spika, kwanza, ninashukuru kwa maongozo yako. Lakini, najaribu kufikiria dada yangu, Sen. Veronica Maina, sijui amesimama kwa msingi gani ya Kanuni zetu za Kudumu za Bunge.

Yale anayoyazungumza ni mambo ambayo--- Mimi sijataja Serikali ya Kenya Kwanza. Nimesema Serikali zote. Hata Serikali ya Jubilee ilimweka ndani Sen. Cherarkey bila msingi wowote na wakamnyima bond. Hata Sen. Olekina aliwekwa ndani na Serikali hiyo.

Kwa hivyo, sijataja Serikali ya Kenya Kwanza. Hiyo iko katika HANSARD. Aangalie ni wapi nimetaja Serikali ya Kenya Kwanza.

Pili, kama amesoma Mswada huu kikamilifu, kuna mahali ambapo kuna Tume ya Kenya National Human Rights Commission (KNHRC) .

Ukiangalia kuna Commission established under Section 3 of the KNHRC na Council of Governors. Hizi ni taasisi ambazo zimetajwa hapa.

Nimesema kwamba ikiwa taasisi hizi zina watu ambao hawana msimamo, wandani wa wale wanaoongoza Serikali, ina maana kwamba yale yote ambayo yanatarajiwa kufanyika kulingana na sheria hii hayataweza kufanyika.

Tumesema kwamba licha ya kuwa na sheria, lazima pia tuwe na watu wenye msimamo wa kusimamia sheria zile ili zikitekelezwa, watu waweze kupata haki zao kikamilifu.

Bw. Naibu wa Spika, katika Bunge lililokwisha, kulikuwa na Mswada watu wa Kaunti ya Nakuru, walipokuwa wanaomba kupata nafasi ya kuwa jiji, yani City County, waliwakusanya randa randa wote wa mjini wakaenda wakawatupa msituni kule Kaunti ya Baringo.

Is he in order to start talking about puppets and get completely irrelevant out of the current debate? He has veered off from the discussion and the content of the Bill that is under discussion and continues to consistently attack the Government of Kenya Kwanza, which has not yet been named in that Bill. He has talked about puppets. Is he in order to continue in that line?

Sen. Faki, you need to use proper parliamentary language, so that you avoid these points of order.

I corrected you when I heard you use some unparliamentary language. Therefore, I request you to---

You were debating well. Just use the right language.

Bw. Naibu Spika, kwanza, ninashukuru kwa maongozo yako. Lakini, najaribu kufikiria dada yangu, Sen. Veronica Maina, sijui amesimama kwa msingi gani ya Kanuni zetu za Kudumu za Bunge.

Yale anayoyazungumza ni mambo ambayo--- Mimi sijataja Serikali ya Kenya Kwanza. Nimesema Serikali zote. Hata Serikali ya Jubilee ilimweka ndani Sen. Cherarkey bila msingi wowote na wakamnyima bond. Hata Sen. Olekina aliwekwa ndani na Serikali hiyo.

Kwa hivyo, sijataja Serikali ya Kenya Kwanza. Hiyo iko katika HANSARD. Aangalie ni wapi nimetaja Serikali ya Kenya Kwanza.

Pili, kama amesoma Mswada huu kikamilifu, kuna mahali ambapo kuna Tume ya Kenya National Human Rights Commission (KNHRC) .

Ukiangalia kuna Commission established under Section 3 of the KNHRC na Council of Governors. Hizi ni taasisi ambazo zimetajwa hapa.

Nimesema kwamba ikiwa taasisi hizi zina watu ambao hawana msimamo, wandani wa wale wanaoongoza Serikali, ina maana kwamba yale yote ambayo yanatarajiwa kufanyika kulingana na sheria hii hayataweza kufanyika.

Tumesema kwamba licha ya kuwa na sheria, lazima pia tuwe na watu wenye msimamo wa kusimamia sheria zile ili zikitekelezwa, watu waweze kupata haki zao kikamilifu.

Bw. Naibu wa Spika, katika Bunge lililokwisha, kulikuwa na Mswada watu wa Kaunti ya Nakuru, walipokuwa wanaomba kupata nafasi ya kuwa jiji, yani City County, waliwakusanya randa randa wote wa mjini wakaenda wakawatupa msituni kule Kaunti ya Baringo.

Thank you. Sen. (Prof.) Kamar, the Deputy Speaker Emeritus.

Thank you, Mr. Deputy Speaker, Sir, for the opportunity to contribute to this Bill. I rise to congratulate our colleague, Sen. Mungatana, MGH, for spearheading the development and enactment of this Bill.

I participated in the Bomas of Kenya process for development of the Constitution. What appeared at that time to be bedevilling the development of this country was the lack of focus on the economic and social development of individual Kenyans. Several times people talked of ‘yajenga nchi;’ ‘we are building the nation.’

In Bomas of Kenya, it became clear that we seemed focused on developing the country and not developing the individuals, not knowing that you can develop a country, but if you ignore the development of the individuals, then you will pull the country back. If you do not have a country with people who have enough food and have developed economically, they will still drain the resources of the country.

I participated in two committees; one was on devolution and the other one was looking at human rights of Kenyans. I am very delighted that there is one law that is going to unpack the whole of it, and for that, I congratulate Sen. Mungatana, MGH.

If you look at the economic and social rights as articulated in Article 43 (1) , you find that it is the basic things or minimum that any country should give her people. We asked ourselves many questions in Bomas as we were bringing these documents in.

Finally, a few years down the road, about 12 years, we are now ready to address this and I think this is important. Some of the rights that are given here are rights that any nation should be proud to give her people.

We are over 60 years after Independence and we still lack access to basic nutrition for our children. We should ask ourselves how we could fail in that. If you look at the issue of clean and safe water, it was discussed from Independence.

After the enactment of this Bill, we should monitor the implementation of this Bill, so that we can ensure that everybody accesses these rights. Lack of clean and safe water is what is costing us a lot when it comes to the health sector. You miss clean water, then your health goes down.

The other day, we lost a child in the famous school, Mukumu, and we even had 70 children who were hospitalised. For those who went to hospital, it was very sad because a mother said that she went to Kakamega Hospital, which we were all proud of,

Mr. Deputy Speaker, Sir, from the outset, I laud Sen. Mungatana, MGH, for standing up and promoting this particular Bill.

I would also like to laud the membership of the Committee on Justice, Legal Affairs and Human Rights that sat through this Bill, took it through the submissions by the very many stakeholders on the areas of interest and following up to submit, and also comment before the House.

I also commend Sen. Catherine Mumma, Sen. Veronica Maina, Sen. Cheptumo and the rest of the Members who have spoken to these Bill, including Sen. Okiya Omtatah.

Mr. Deputy Speaker, Sir, when the Committee received several recommendations and comments from various stakeholders, Sen. Mungatana, MGH, magnanimously supported such proposals.

I encourage him to continue and ensure that the proposals that were made by the stakeholders through the Committee and the report by the Committee are incorporated in the final version of this Bill because it will achieve the objectives that the hon. Senator had in coming up with it.

This Bill speaks to all aspects of our lives. It speaks to every Kenyan. The big question that came to us as we were deliberating it is the desire of its sponsor to ensure that the provisions of Article 43 of the Constitution are implemented. He has given it a way in which both levels of Government will ensure that implementation is done.

Mr. Deputy Speaker, Sir, human dignity rights are provided for under Article 21

Thank you. Sen. (Prof.) Kamar, the Deputy Speaker Emeritus.

Mr. Deputy Speaker, Sir, agriculture and heath functions are devolved. I am happy with this Bill because with the coming in of the Oversight Fund for Senators, we should have our committees going to the ground to question why some things are not happening. We need to know why we are not able to attain the highest level of health services and give adequate amount of balanced food to our people. Some of this could just be because of facilitation by the Government.

When we talk about reasonable standards of sanitation, there are people who do not even understand the meaning of the word “sanitation”. We have donors in this country who do not understand what we mean by “sanitation,” yet we have released funding to our counties. They are supposed to do that because those functions are devolved.

I am happy to support this Bill because I know it is going to change even the right to education. All these things are intertwined. If we do not give a balanced diet to our children in some parts of this country and do not have enough resources to send them to school, at the end of the year, the Kenya Certificate of Primary Education (KCPE) and the Kenya Certificate of Secondary Education (KCSE) are not sensitive to that.

The same examination is done on one day by people who are well endowed and those who are not. It is also done by people who have access to good healthcare facilities and those who do not. That causes an imbalance.

When we talk about the right to education, it becomes imbalanced as you go higher. That is why access to higher education for some regions of this country is still a challenge because basic needs and socio-economic rights have not been implemented.

As we finalise this Bill, and it should happen as soon as possible, it is my prayer that we will go ahead to implement it. This should be the first agenda for our Oversight Fund. If we fulfil this, I dare say, we would have fulfilled the highest number of rights for this country and will be at peace. This is because somebody who has food security is healthy, has water, and they are secure, is a peaceful person. This will generate peace for the nation.

Mr. Deputy Speaker, Sir, in Clause 5, the Bill talks about obligations of the national Government and county governments with respect to economic and social rights. This is what we are going to oversight, to ensure that our county governments implement what has been articulated in this Bill. It is important that we push them and ensure that they do it.

Looking at the roles of the national Government and county governments, they are doable. I thank Sen. Mungatana for that. These are not difficult things to do. The problem is the goodwill. We must push for that goodwill because you can never force somebody to have goodwill.

We have parliaments which must ensure that we do enough oversight, to ensure that whatever has been passed is done. We must create awareness among the people and let citizens know their rights.

Once citizens know their rights, it will make our oversight work easy. That is why I believe in oversight funding, so that we can go out and talk to the citizens and let them know what their rights are as far as health and access to clean water are concerned.

This Bill should pass immediately, so that when we go there, we have it. It is going to be one Bill that will push devolution and make it work even much better.

We will also oversight how they develop the County Integrated Development Plans (CIDPs). The CIDP has become a routine document that is developed and nobody knows whether it is implemented or not. When we have this law, it will enable us to do that.

Mr. Deputy Speaker, Sir, I know my colleagues are keen to contribute before time lapses. Therefore, I would like to stop there.

Once again, I thank Sen. Mungatana for spearheading this. I pray that we will all support and make sure it passes as soon as possible, so that it becomes a template for our oversight.

I thank you and support.

Mr. Deputy Speaker, Sir, agriculture and heath functions are devolved. I am happy with this Bill because with the coming in of the Oversight Fund for Senators, we should have our committees going to the ground to question why some things are not happening. We need to know why we are not able to attain the highest level of health services and give adequate amount of balanced food to our people. Some of this could just be because of facilitation by the Government.

When we talk about reasonable standards of sanitation, there are people who do not even understand the meaning of the word “sanitation”. We have donors in this country who do not understand what we mean by “sanitation,” yet we have released funding to our counties. They are supposed to do that because those functions are devolved.

I am happy to support this Bill because I know it is going to change even the right to education. All these things are intertwined. If we do not give a balanced diet to our children in some parts of this country and do not have enough resources to send them to school, at the end of the year, the Kenya Certificate of Primary Education (KCPE) and the Kenya Certificate of Secondary Education (KCSE) are not sensitive to that.

The same examination is done on one day by people who are well endowed and those who are not. It is also done by people who have access to good healthcare facilities and those who do not. That causes an imbalance.

When we talk about the right to education, it becomes imbalanced as you go higher. That is why access to higher education for some regions of this country is still a challenge because basic needs and socio-economic rights have not been implemented.

As we finalise this Bill, and it should happen as soon as possible, it is my prayer that we will go ahead to implement it. This should be the first agenda for our Oversight Fund. If we fulfil this, I dare say, we would have fulfilled the highest number of rights for this country and will be at peace. This is because somebody who has food security is healthy, has water, and they are secure, is a peaceful person. This will generate peace for the nation.

Mr. Deputy Speaker, Sir, in Clause 5, the Bill talks about obligations of the national Government and county governments with respect to economic and social rights. This is what we are going to oversight, to ensure that our county governments implement what has been articulated in this Bill. It is important that we push them and ensure that they do it.

Looking at the roles of the national Government and county governments, they are doable. I thank Sen. Mungatana for that. These are not difficult things to do. The problem is the goodwill. We must push for that goodwill because you can never force somebody to have goodwill.

We have parliaments which must ensure that we do enough oversight, to ensure that whatever has been passed is done. We must create awareness among the people and let citizens know their rights.

Once citizens know their rights, it will make our oversight work easy. That is why I believe in oversight funding, so that we can go out and talk to the citizens and let them know what their rights are as far as health and access to clean water are concerned.

This Bill should pass immediately, so that when we go there, we have it. It is going to be one Bill that will push devolution and make it work even much better.

We will also oversight how they develop the County Integrated Development Plans (CIDPs). The CIDP has become a routine document that is developed and nobody knows whether it is implemented or not. When we have this law, it will enable us to do that.

Mr. Deputy Speaker, Sir, I know my colleagues are keen to contribute before time lapses. Therefore, I would like to stop there.

Once again, I thank Sen. Mungatana for spearheading this. I pray that we will all support and make sure it passes as soon as possible, so that it becomes a template for our oversight.

I thank you and support.

Thank you, Sen (Prof.) Kamar. Hon. Senators, I request that we give the Vice-Chair, Standing Committee on Finance and Budget, a minute or so to read these two important Papers, which are urgent and have timelines, then we continue with the debate. We are almost finalizing.

Yes, Sen. Tabitha Mutinda.

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Papers on the Table of the Senate, today, 12th April, 2023-

Thank you. Sen. Okenyuri, you may have the Floor.

Thank you Mr. Deputy Speaker, Sir. I rise to support this Bill by the good Senator of Tana River, Sen. Mungatana, MGH.

This encompasses so many other aspects that are going to strengthen devolution that have for some time got me worried on whether we are actually progressing or killing devolution. Sen. Mungatana, this was well-thought-out.

I want to bring to the attention of Members very worrying statistics that were given on 16th March, 2023 by the Ministry of Health. Six million Kenyans have no sanitation facilities. Twenty-eight of those are in rural areas, 32 per cent are in urban areas, such as we are in Nairobi. There is 90 per cent of open defecation in 15 counties.

I do not want to name the specific counties, but it brings into reality what we are actually facing. As I said, these were the basic issues that are being talked about and giving those worrying statistics. It is a cause for concern to us, honourable Members, to get to action.

Even though, I commend the initiatives by the Kenya Kwanza Government and the President to be specific. He seemed to have understood that once you make the basic things available to ordinary Kenyans, then even governance becomes very easy.

That was the same thing as what Sen. Mungatana has done. This Bill covers most of the aspirations of the “Bottom-up” blueprint we had and that we largely campaigned on during the last campaigns.

Sen. Mungatana, I also commend the bit on conditional grants to counties. I have seen how conditional grants in the area of education work. I worked for a long time in the Technical and Vocational Education Training (TVET) sector. One of the reasons the vocational training centres at the counties were doing very well was because of the conditional grants that were going there. That means counties cannot divert that money elsewhere, but use it for the intended purpose. This is what we want to see even in the health sector, so that we do not have a situation where money is going down and not where the intended purpose is.

Currently, if any ordinary Kenyan goes to hospital, and if I take Members back to the case of Baby Sagini Junior who lost his life after a fork jembe was lodged in his head, he was not able to even raise the deposit and get admission in hospital. Those are the scenarios we are faced with on a daily basis.

I hope this Bill is going to open room to some of those issues. As a very poor Kenyan, why should I give deposit for me to even receive the basic emergency services that I need before you consider whether I am in a position of giving the money or not?

The other thing is on the accessibility to housing, which is one of the basic rights we are seeing here. This Government is talking about affordable housing and with the major intention being supporting young people with the relevant skills to get into this housing and manufacturing initiatives we are engaging in. That way, you are also supporting young people because we make up most of the population in Kenya and the women.

Actualization of these rights will benefit us and several millions out there, who are looking forward to the provision of the same and being protected under the same Bill that is being proposed by Sen. Mungatana, MGH.

To be brief, I want to emphasize that this is timely. It is going to strengthen devolution. We have things to hold the counties accountable to. The other week, I was raising a concern on civic education. I see you have captured here public awareness, which is very close. I think as honourable Members, we equally need the civic education. This is because listening clearly, we, first, need to understand, so that when we are going to oversight our counties, we know exactly what we are looking for.

I strongly support this Bill. It is timely. It carries the aspirations of this Government and what the President has always been on the front-line advocating for.

Thank you, Mr. Deputy Speaker, Sir.

access primary education for all. It remains a preserve of few, basically because of poor planning strategy.

Just the other day on this Floor, we were complaining about the implementation of junior secondary. We were here as a country planning for it, and when the time came, the children were sitting in classes with no teachers. That is the dignity we are talking of here. It means we are not planning well as a country. We are messing up a whole generation of Kenyans when we have one teacher posted to a junior secondary school for two terms.

We all know the training background of teachers. At the secondary level, teachers are trained and prepared to teach two subjects. When children in a class have only one or two teachers, it means that the children are going for a period of time without being attended to in an equitable manner. That is the dignity that this Bill will bring to us.

When we talk about health for all, we can all picture the counties we come from. There are some villages with no basic roads. Once a woman, children or patients lack access, then it means they cannot reach a health centres. Some of them are far-flung from health facilities. If a generation is not taken care of well in terms of access to health, that tells it all. We are not giving Kenyans the dignity they require.

The services I am presenting are not only limited to water, education and roads. Let us look at other sectors. In Homa Bay County, where I come from, there are only two land registries that serve over 1.4 million people. One registry serves four sub-counties and the second one serves the remaining four. This reflects the inefficiency in this sector. A Kenyan should be able to access such a service close to them if they want to do a search. If four sub-counties are crowding in one land registry, then your guess is as good as mine. For example, the registry in Homa Bay Sub-county serves Homa Bay, Ndhiwa, Suba South and Suba North sub-counties.

This means we constantly have a crowd at the registries and our people have to travel long distances to get the services they require. Probably, they travel even thrice for a service they were supposed to get with one visit. Once this Bill is enacted, Kenyans and everybody should access such services.

Mr. Temporary Speaker, Sir, regarding the registration of births, everybody has a right to be born. The parents of a newborn should have ease with registration out of human dignity. What happens in the places we come from all over the country? We find the same crowds that we find in the lands registries. There are too many services that all Kenyans should have access to. I cannot name all of them.

Let us look at the issuance of passports. I was home over the Easter weekend and I met a brilliant and ambitious young man, who wants to venture into the world. He came to ask me to assist him to acquire a passport. These services must be made easier for Kenyans because that is the human dignity we are talking about. I could name so many of them.

In this era, we still have hospitals holding dead bodies of Kenyans who have no choice of living or dying. Once you go to hospital, your aspiration is to be cured. I have a case of a seven-month old baby who has stayed in a facility, despite the circulars that the Government keeps giving. However, the hospital is holding the body of this seven-

Thank you, Mr. Deputy Speaker, for giving me the chance. I rise to appreciate and support the Bill by Sen. Mungatana, MGH.

When we talk about human dignity and when hon. Mungatana presents to us The Preservation of Human Dignity and Enforcement of the Economic and Social Rights Bill, I am excited to support it because it is about the life of all Kenyans.

I am also excited because on 29th September, at the opening of the 13th Parliament, I remember Point 15 by the President when he emphasised on service to all people. The President was very precise in mentioning service to people and service to the boss, and the boss here referred to the people of this Republic and their sovereign interest.

access primary education for all. It remains a preserve of few, basically because of poor planning strategy.

Just the other day on this Floor, we were complaining about the implementation of junior secondary. We were here as a country planning for it, and when the time came, the children were sitting in classes with no teachers. That is the dignity we are talking of here. It means we are not planning well as a country. We are messing up a whole generation of Kenyans when we have one teacher posted to a junior secondary school for two terms.

We all know the training background of teachers. At the secondary level, teachers are trained and prepared to teach two subjects. When children in a class have only one or two teachers, it means that the children are going for a period of time without being attended to in an equitable manner. That is the dignity that this Bill will bring to us.

When we talk about health for all, we can all picture the counties we come from. There are some villages with no basic roads. Once a woman, children or patients lack access, then it means they cannot reach a health centres. Some of them are far-flung from health facilities. If a generation is not taken care of well in terms of access to health, that tells it all. We are not giving Kenyans the dignity they require.

The services I am presenting are not only limited to water, education and roads. Let us look at other sectors. In Homa Bay County, where I come from, there are only two land registries that serve over 1.4 million people. One registry serves four sub-counties and the second one serves the remaining four. This reflects the inefficiency in this sector. A Kenyan should be able to access such a service close to them if they want to do a search. If four sub-counties are crowding in one land registry, then your guess is as good as mine. For example, the registry in Homa Bay Sub-county serves Homa Bay, Ndhiwa, Suba South and Suba North sub-counties.

This means we constantly have a crowd at the registries and our people have to travel long distances to get the services they require. Probably, they travel even thrice for a service they were supposed to get with one visit. Once this Bill is enacted, Kenyans and everybody should access such services.

Mr. Temporary Speaker, Sir, regarding the registration of births, everybody has a right to be born. The parents of a newborn should have ease with registration out of human dignity. What happens in the places we come from all over the country? We find the same crowds that we find in the lands registries. There are too many services that all Kenyans should have access to. I cannot name all of them.

Let us look at the issuance of passports. I was home over the Easter weekend and I met a brilliant and ambitious young man, who wants to venture into the world. He came to ask me to assist him to acquire a passport. These services must be made easier for Kenyans because that is the human dignity we are talking about. I could name so many of them.

In this era, we still have hospitals holding dead bodies of Kenyans who have no choice of living or dying. Once you go to hospital, your aspiration is to be cured. I have a case of a seven-month old baby who has stayed in a facility, despite the circulars that the Government keeps giving. However, the hospital is holding the body of this seven-

month old baby. What choice did that baby have? That baby had a right to live in dignity, though now being indignified in death. I hope this Bill will address all that.

I support Sen. Mungatana. All Kenyans have a right to dignity and socio- economic services. Let us reflect on what has been going on in this country. A few months ago, there was hunger. At Independence, we talked about ignorance and disease, and we are still talking about the same. In this country, you might see pictures of children dying of hunger because of drought.

I support this Bill and we hope that it will help Kenyans to get dignity for everyone in service, and how they live and work.

Thank you. Hon. Members, there being no other Senator who wants to contribute to the Bill, I now call upon the Mover, Sen. Mungatana, to reply.

Mr. Temporary Speaker, Sir, I am very grateful this evening for having listened to many words of wisdom from fellow colleagues. Each one of them who took to the Floor of this House had something to add to this Bill. I am grateful to the Senate Majority Leader for seconding the Bill. I am also grateful to all the Senators who spoke to this Bill.

Mr. Temporary Speaker, Sir, I want to single out a few of my colleagues who contributed to this Bill. In particular, I am very grateful to the Standing Committee on Justice, Legal Affairs and Human Rights (JLACHR) led by you. I am very grateful for the comments that were contained and were very ably presented by my colleague, Sen. Veronica Maina. She pointed out various issues that could be included to improve this Bill. She made a lot of useful additions to what could be done to make it better. She pointed out that there could be a problem with overlapping of mandates within the Commissions that are established under Article 59. She made a point about the fund that we know as the Equitable Fund. She made a lot of useful suggestions that I took down. I am so grateful for the work that the Committee has done.

The work of the Committee was also ably explained by Sen. Mumma. She spoke of the need to create within this Bill an instrument that will ensure that there is monitoring of the implementation of the progressive achievement of the socio-economic rights that we seek to implement under this law, that is carried under Article 43 of the Constitution.

Mr. Temporary Speaker, Sir, Sen. Cheptumo spoke at great lengths about how there was a need for equality within this nation and how some areas of this nation have been left out. This Bill will attempt to bring an equalizing factor across the nation. I thank Sen. Wambua for his contribution. I thank particularly Sen. Tobiko who spoke passionately of the two ‘Kenyas that exist. There is Kenya that is developed and has facilities, and infrastructure. There is another Kenya that is forgotten. People who are travelling from those sides say as they board their bus, they are going to Kenya, yet they belong to this nation.

I am very grateful for Sen. Okiya Omtatah and how he brought up clearly that these socio-economic rights need to be viewed within the purview of developing the cake

Sen. Mungatana, your application has been heard and considered. Therefore, I nominate the next sitting, that is, tomorrow, for putting of the question.

Next Order.

I want to make an application. Temporary Speaker (

Sen. Mariam Omar, kindly proceed and move.

Proceed, Senator!

As you very well know, in court after you make your final submissions, you always have some applications of one or the other. In this case, you are familiar because we are from that profession together.

Therefore, I wish to move pursuant to Standing Order No.66 (3) , that the putting of the question be deferred to a later date.

I thank you, Mr. Temporary Speaker, Sir.

Sen. Mungatana, your application has been heard and considered. Therefore, I nominate the next sitting, that is, tomorrow, for putting of the question.

Next Order.

Sen. Mariam Omar, kindly proceed and move.

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity.

I beg to move the Prompt Payment Bill (Senate Bill No. 8 of 2022) . The principal objective of this Bill is to put in place a legal framework to facilitate prompt payment for the supply of goods, works and services procured by Government entities, both at national and county level.

Thank you, Mr. Temporary Speaker, Sir. I would like to congratulate my kid-sister Senator for this important Bill. If we go ahead and enact this Bill, we will now have moved to the direction of what is involved in developed markets.

I am aware that in the USA and Canada, the Prompt Payment Bill is a law. Nobody just pushes around suppliers as they wish in the name of the people who handed them the contracts. This Bill will be a redemption and a big win for business people.

Mr. Temporary Speaker, Sir, we know of very many business people in this country who have been auctioned, not because they are poor business practitioners, but because they took loans and placed collateral on them in the hope that upon completion of the contract, they would be paid. When they ended up not being paid, they got auctioned.

I am sure some of you back in your respective counties know of a case or two of people who fell sick with ulcers, high blood pressure, heart attacks and eventually died. On the lower part of Kakamega County in Mumias, there were two business people who lost their lives because they were not paid by the county government.

This Bill will make sure that counties look good considering that at the moment, counties are no longer attractive entities for doing business with because they are not paying. The problem is compounded further by the reluctance by the national Government to make immediate timely and prompt releases of shareable revenue as anticipated by this Senate to county governments, so that some of the blame is taken by the governor and the other by the national Government.

Mr. Speaker, Sir, I am aware that this Bill proposed by Sen. Mariam Omar intends to punish. However, as you go and punish, for example, the heads of county governments, what will you do with the national Government, which has delayed disbursements? We have to think a bit longer and harder about this, so that the governor does not end up carrying or being visited with the ills of the national Government.

I cannot end my contribution to this Bill without acknowledging the contribution that was made by the previous Senate. This is a Bill that we are carrying over, and I know

Mr. Temporary Speaker, Sir, I beg to move that the Prompt Payment Bill (Senate Bill No.8 of 2022) be now read a Second Time.

Mr. Speaker, Sir, you had not heard me. I read it before just like that.

Proceed.

colleague while he was collecting money at Intercontinental Hotel and it became a big scandal for this Parliament because of provisions like Clause 8.

What does it call for? It calls for integrity from colleagues. You say that we cannot kill Sen. Mungatana’s or Sen. Kibwana’s Bill. You say that we cannot kill such a good law for the benefit of the people who are going to make use of that law.

Mr. Temporary Speaker, Sir, because of time, and since I do not want to speak again tomorrow, allow me to second this Bill and say how happy I am.

Thank you, Mr. Temporary Speaker, Sir. I second the Bill as moved.

Thank you, Mr. Temporary Speaker, Sir. I would like to congratulate my kid-sister Senator for this important Bill. If we go ahead and enact this Bill, we will now have moved to the direction of what is involved in developed markets.

I am aware that in the USA and Canada, the Prompt Payment Bill is a law. Nobody just pushes around suppliers as they wish in the name of the people who handed them the contracts. This Bill will be a redemption and a big win for business people.

Mr. Temporary Speaker, Sir, we know of very many business people in this country who have been auctioned, not because they are poor business practitioners, but because they took loans and placed collateral on them in the hope that upon completion of the contract, they would be paid. When they ended up not being paid, they got auctioned.

I am sure some of you back in your respective counties know of a case or two of people who fell sick with ulcers, high blood pressure, heart attacks and eventually died. On the lower part of Kakamega County in Mumias, there were two business people who lost their lives because they were not paid by the county government.

This Bill will make sure that counties look good considering that at the moment, counties are no longer attractive entities for doing business with because they are not paying. The problem is compounded further by the reluctance by the national Government to make immediate timely and prompt releases of shareable revenue as anticipated by this Senate to county governments, so that some of the blame is taken by the governor and the other by the national Government.

Mr. Speaker, Sir, I am aware that this Bill proposed by Sen. Mariam Omar intends to punish. However, as you go and punish, for example, the heads of county governments, what will you do with the national Government, which has delayed disbursements? We have to think a bit longer and harder about this, so that the governor does not end up carrying or being visited with the ills of the national Government.

I cannot end my contribution to this Bill without acknowledging the contribution that was made by the previous Senate. This is a Bill that we are carrying over, and I know

that this Bill was being driven by the then Sen. Johnson Sakaja, who is currently the Governor of Nairobi. I am sure that Hon. Sakaja was doing it because at that time, he was angry with the Governor for Nairobi who was not paying the business people of Nairobi on time. However, like Zacharia, now the shoe is on the other foot.

We are going to pass this Bill and now Hon. Sakaja will have to pay our business people. I am not saying that he is reluctant, but I am laughing at the irony of law.

You heard what the Senator for Siaya told us yesterday. When his father supported the Bill for detention without trial, little did the late Jaramogi know that he was going to be the first to be detained under that law and, indeed, he was.

What is more? Far in the East, that was in Pakistan, we had General Muhammed Zia-ul-Haq who allowed legislation that provided for hanging. The Act was passed and people fought, but Muhammed Zia-ul-Haq could not listen. Nonetheless, he was hanged under that very Act.

We should always be conscious of the fact that the best law, as Sen. Mungatana once said, although he likes to forget some of the good things he tells me - He once told me in the other Parliament that the best law is the one you can trust in the hands of your worst enemy.

This is a very exciting Bill. For instance, Clauses 4 to 6 of this Bill propose processing for payments. It states that a procuring entity shall pay for the goods, works or services provided by the prescribed payment date. Failure to pay the amount due within the stipulated time, a procuring entity shall be liable to pay an interest circulated on the basis of Central Bank of Kenya (CBK) base rates.

This is not punitive. It is a soft way of encouraging a procuring entity to make sure that if you do not pay, as the person whose payment you are delaying loses his money, you also lose your good money. This is very exciting and innovative. Senator, this is good work.

Mr. Temporary Speaker, Sir, in Clause 8, the Bill provides for offences. It provides that an accounting officer, who without reasonable cause or negligently fails to pay the amount due, commits an offence and shall be liable to pay a fine not exceeding Kshs1 million, or to imprisonment for a term not exceeding five years, or to both fine and imprisonment.

Colleagues, be aware of this clause. This clause is going to invite a fight behind the scenes. For many years, we have done legislation with Sen. Mungatana, MGH, you will find that you are doing well the way we are, but when you head to the Third Stage, you start getting invitations for breakfast meetings by people who fear Clause 8. They will tell you; let us have this breakfast and make amendments to this Bill by reducing the fine from Kshs1 million to whatever amount, or reduce the term, or just defeat the Bill.

One of the Members of Parliament (MPs) who was once involved in this in the Ninth Parliament is long dead. Due to that respect, I will not mention his name. What happened is that after we had passed a beautiful law--- We were in the House in the afternoon about to move.

In the days of paparazzi, do you remember paparazzi? That was when the media people would follow you with cameras quietly without you knowing. They filmed our

colleague while he was collecting money at Intercontinental Hotel and it became a big scandal for this Parliament because of provisions like Clause 8.

What does it call for? It calls for integrity from colleagues. You say that we cannot kill Sen. Mungatana’s or Sen. Kibwana’s Bill. You say that we cannot kill such a good law for the benefit of the people who are going to make use of that law.

Mr. Temporary Speaker, Sir, because of time, and since I do not want to speak again tomorrow, allow me to second this Bill and say how happy I am.

Thank you, Mr. Temporary Speaker, Sir. I second the Bill as moved.

Hon. Senators, having heard Sen. (Dr.) Khalwale second, I will now propose the question.

Hon. Senators, it is now 6.30 p.m., time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow, Thursday, 13th April, 2023, at 2.30 p.m.

The Senate rose at 6.30 p.m.