Wednesday, 12th March, 2014

Order, hon. Senators. I have a Message from the National Assembly on the subject of rejection by the National Assembly of the County Governments (Amendment) (No.2) Bill, Senate Bill No.4 of 2013.

Pursuant to the provisions of Standing Orders No. 41 and 149 and the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly.

Whereas the County Governments (Amendment) (No.2) Bill, Senate Bill No.4 of 2013, a Bill originating in the Senate was received in the National Assembly on 4th December, 2013 read a First Time and thereafter considered in accordance with the Constitution and the National Assembly Standing Orders;

Whereas the National Assembly on Thursday, 6th March, 2014, rejected a Motion for the Second Reading of the Bill;

Now, therefore, in accordance with the provisions of Article 112 (1(a) of the Constitution and Standing Order No.149 of the National Assembly Standing Orders, I hereby convey the said decision of the National Assembly; the consequence of which the Bill stands referred to a mediation committee in accordance with Article 112 (1) (a) of the Constitution.

The message is from the Hon. Justin B.M. Muturi, Speaker of the National Assembly.

Hon. Senators, as a consequence of the above message, I have a communication to make.

I wish to report to the Senate that pursuant to Standing Order Nos. 43 and 44, I have received the following Message from the Speaker of the National Assembly regarding the rejection by the Assembly of the County Governments (Amendment) (No.2) Bill, Senate Bill No.4 of 2013.

Hon. Senators, Article 112 (1) of the Constitution provides that if one House passes an amendment Bill concerning counties and the second House rejects the Bill, it shall be referred to a mediation committee appointed under Article 113. Article 113 provides as follows:-

“ (1) If a Bill is referred to a mediation committee under Article 112, the Speakers of both Houses shall appoint a mediation committee consisting of equal numbers of members of each House to attempt to develop a version of the Bill that both Houses will pass.

Thank you, Mr. Speaker, Sir, for that Message and Communication. I rise to seek clarification on the numbers to constitute the committee. We have three members of that committee who will come from this House but I assume in the tradition and structure of doing things, it will be on a two to one basis; two from the majority side and one from the minority side.

Other than that, Mr. Speaker, Sir, is to say that the communication that you have read to this House is what should have been happening all along. I want to be very clear; neither House is a rubberstamp of the other. As much as we would have wanted the National Assembly to pass that Bill, whatever views they had which differed from this House must be subjected to a mediation committee as provided for in the Constitution.

So, I am happy, that, that is the process which is envisaged. For the first time, we are witnessing the two houses relating in accordance with the Constitution.

On a point of order, Mr. Speaker, Sir. I appreciate the contribution by the Leader of the Majority. But would I be in order to demand that these middlemen who mess about with the Senate are named so that we get to know who they are?

Shame! Who are they?

Majority Leader, let us dispose of that particular one.

Mr. Speaker, Sir, the term “middlemen” was not used in the commercial sense. It was used in the sense that there is a legislature, parliament, on one side and there is the executive on the other side as an arm of Government. I made it very clear to the Executive that it is not the role of the Executive to make laws. It is the role of Parliament. What the Executive can do is to propose laws which they think can help them realise their manifesto or view of things because they have been elected in office but they just propose. So, the word “middlemen” was used, not in the commercial sense of brokerage, but in the sense that, the only legitimate organs are the Executive, which has a right to propose laws. But in terms of the exclusive mandate of making laws, it is vested with Parliament, not some other functionary determining that: “This Bill should go here and the other should go there.”

Mr. Speaker, Sir, if you allow me, let me stir the process more than I have done. But let me assure this House that we will not rest until this matter is resolved to the full satisfaction of the Senate of the Republic of Kenya.

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

The Senate Minority Leader (Sen. Wetangula) : But I am on a point of order.

What is it, Sen. (Prof.) Kindiki?

But I am on a point of order.

What is it, Sen. (Prof.) Kindiki?

Mr. Speaker, Sir, I know my brother, Sen. Wetangula, is on a point of order, but he is breaking the procedure in the pretext of being on a point of order. Is he in order to impute things that I have not said here on the Floor? I have not said the Jubilee Government operates through middlemen. I said there are people and institutions who have arrogated themselves roles they do not have between the Executive and the Legislature, simple as that. This is a House of record. Please, Leader of the few, do not impute improper motives on me. The Senate Minority Leader (

Mr. Speaker, Sir, in simple English even to a nursery school child any object, person, man or woman who stands between the Executive and the Legislature is a middleman or woman. We have been told those are the people who have been frustrating this process. We want to urge the Jubilee administration to veer away from middlemen. We heard the President saying: “Business brokers are fearing corruption in his Government.” If that is the style and manner of operation, God help this country. Mr. Speaker, Sir, coming back to the point so that we do not engage in unhelpful public debate on this matter, it will be also instructive for you to inform the House whether in your discourse with your belligerent brother, you have reached an amicable agreement that now Article 110 (3) of the Constitution will operate without any hindrance or not, so that we know whether we can put our machetes back into the sheath or we continue drawing them in helping you battle this impunity that has frustrated this Senate Chamber for such a long time. Secondly, Mr. Speaker, Sir, a mediation committee of three from either chamber is a little too small. This afternoon, I consulted with the Clerk and I had proposed that we have five from each House, so that they can propose three, we propose two. This is a learning process and we need to build capacity through this kind of process so that those who start the mediation will be reservoirs for future mediations as we go along.

Mr. Speaker, Sir, indeed, I want to commend the Majority Leader for the remarks he has just made. Not just that, for the image of the Senate in the recent weeks, the Majority Leader has been discharging himself very well. This is commendable.

Well, on my part, one is the issue of the size of the mediation team. I just want to confirm that we had very fruitful discussions yesterday as your two Speakers. We discussed all those issues. We agreed on three members from each House. I know both of us have already communicated to the membership. So, I think to renegotiate that might be a bit difficult. But I will definitely appreciate the reasoning behind that proposal in terms of having more people participate and engage in order to acquire more institutional learning and memory, but that could be done another time.

Hon. Senators, in terms of the procedures ably demonstrated by the Majority Leader, I also want to add my voice, that this is a process in the Constitution. So, there was already an anticipation in the Constitution itself that there will be occasions, just like two human beings, even a happily married couple might always disagree on one or two things. It is not the end of the marriage or the end of a relationship. This is why the provision of the mediation is there for us to try and build a consensus on what is acceptable. Even as we prosecuted this particular matter, it occurred to us that the issues were not substantive to kill the Bill. Every legislative proposal basically is a proposal to be improved or otherwise. So, let us leave it at that particular level.

This was really my communication which apparently has been hijacked by the Majority Leader. I will give the Majority Leader one more opportunity.

The challenge of the brokers was very important. Ordinarily, I would have put the Majority Leader to task because anybody frustrating constitutional provisions through brokerage is not only a criminal, but undermines the Constitution of the Republic of Kenya. But given that the Majority Leader this week has demonstrated extreme leadership, enthusiasm to duty, I have absolutely no reason not to give him the benefit of doubt because I would want this House to encourage him to continue that pursuit. We will all support and encourage him to ensure that is done. I think from yesterday, we have given him that support. That is why we can see him walk with a bit of a spring!

Well, on my part, one is the issue of the size of the mediation team. I just want to confirm that we had very fruitful discussions yesterday as your two Speakers. We discussed all those issues. We agreed on three members from each House. I know both of us have already communicated to the membership. So, I think to renegotiate that might be a bit difficult. But I will definitely appreciate the reasoning behind that proposal in terms of having more people participate and engage in order to acquire more institutional learning and memory, but that could be done another time.

Hon. Senators, in terms of the procedures ably demonstrated by the Majority Leader, I also want to add my voice, that this is a process in the Constitution. So, there was already an anticipation in the Constitution itself that there will be occasions, just like two human beings, even a happily married couple might always disagree on one or two things. It is not the end of the marriage or the end of a relationship. This is why the provision of the mediation is there for us to try and build a consensus on what is acceptable. Even as we prosecuted this particular matter, it occurred to us that the issues were not substantive to kill the Bill. Every legislative proposal basically is a proposal to be improved or otherwise. So, let us leave it at that particular level.

The challenge of the brokers was very important. Ordinarily, I would have put the Majority Leader to task because anybody frustrating constitutional provisions through brokerage is not only a criminal, but undermines the Constitution of the Republic of Kenya. But given that the Majority Leader this week has demonstrated extreme leadership, enthusiasm to duty, I have absolutely no reason not to give him the benefit of doubt because I would want this House to encourage him to continue that pursuit. We will all support and encourage him to ensure that is done. I think from yesterday, we have given him that support. That is why we can see him walk with a bit of a spring!

Sen. (Prof.) Lesan, I was just checking to confirm if you are listed.

Proceed.

Mr. Speaker, Sir, I beg to give notice of the following Motion:-

THAT, aware that a good percentage of Kenya’s population is made up of Kenyans aged 70 years and above and that some of them are affected by senile dementia but have no one to take care of them owing to the reality of changing circumstances; appreciating the introduction of social support programmes by the National Government; concerned, however, that the Government has not compressively addressed the challenges of the aged, further concerned that the magnitude of the problem of the aged is enormous; the Senate urges the National Government to develop a comprehensive policy for the aged and initiate innovative projects such as small scale residential homes in each county to enable them access necessary care and live dignified lives.

Mr. Speaker, Sir, I rise to seek a statement from the Chairperson of the Devolved Committee – sorry, the committee is not in place -

I wish to seek this statement from the Majority Leader regarding the Gender and Human Rights Commission. Two vacancies for the commissioners were advertised in May, 2013. The interviews for the positions were conducted in June, 2013.

Mr. Speaker, Sir, the President forwarded the two names to the Kenya National Assembly last week, one of whom was rejected. Of the five commissioners, there is no commissioner from North Eastern region of this country, which has been the worst hit in terms of historical injustices relating to human rights practices and even from the gender perspective.

Mr. Speaker, Sir, I seek the following:-

Mr. Speaker, Sir, the information that I have is that the Gender and Human Rights Commission, as we speak now, falls under the Ministry of Devolved Government, initially Devolution and Planning. Maybe I need to be guided.

Chairman, Committee on Legal Affairs and Human Rights.

Mr. Speaker, Sir, properly, that question ought to be with the Ministry which is dealing with it. But it really comes under human rights. It also comes under the exercise of the constitutional powers by the President. On both counts, whether it comes under the Constitution or human rights, whatever the issues, it ends up on the desk of the Committee on Legal Affairs and Human Rights. So, it is up to him to make use of the information received and contact the relevant Ministry.

Mr. Speaker, Sir, the information that I have is that the Gender and Human Rights Commission, as we speak now, falls under the Ministry of Devolved Government, initially Devolution and Planning. Maybe I need to be guided.

It is so ordered, I am persuaded. Let the Committee on Legal Affairs and Human Rights handle it because there are issues of human rights involved.

Mr. Speaker, Sir, maybe we can bring the statement in two weeks time. I hope that the Majority Leader will also intervene on this particular matter so that the answer comes on time.

No, Mr. Speaker, Sir. I was just remembering what the Leader of the Majority said this afternoon; that there are some people who are standing in between the Executive and Parliament. If those people still exist, I would need his intervention.

Mr. Speaker, Sir, maybe we can bring the statement in two weeks time. I hope that the Majority Leader will also intervene on this particular matter so that the answer comes on time.

Order, Chairperson. You have squandered your own--- When you are making the argument you are very clear that you will make use of the office. But now you assume that assistance might not be forthcoming.

Mr. Speaker, Sir, I rise to issue a statement pursuant to the request by the Senator for West Pokot County. This is in regard to the outbreak of the foot and mouth disease in his county.

Mr. Speaker, Sir, the first cases of current foot and mouth disease in West Pokot County were reported on 31st December, 2013 in Kapenguria Sub-County, Mnagei Ward, Tartar Village. The serial type of the reported disease was established to be the South African Type A. That is SATA.

Foot and mouth disease is a highly infectious and contagious viral disease that affects cattle, sheep, goats, pigs and buffaloes. It can cause death of affected animals. The disease has severe implications for livestock production since it can quickly spread among animals through direct contact, contact with saliva contaminated with objects like farm equipment, feeds, vehicles and clothing. Foot and mouth disease is one of the trans- boundary animal diseases that limit access of Kenya’s animals and animal products to lucrative international markets. Its successful control demands concerted vaccination efforts, strict monitoring of animal movement and trade restrictions and quarantines.

Mr. Speaker, Sir, following the outbreak, a temporary quarantine was immediately imposed on the affected ward. After laboratory confirmation, a full quarantine was imposed on the West Pokot and Pokot North sub-counties on 13th January, 2014. All livestock markets in the two sub-counties were closed and are still closed. These livestock markets are Cheptuya, Kishaunet, Serewo, Kitalakapel, Kanyarkwat, Chepareria, Chepkopegh and Kacheliba.

Prohibition of livestock movement into or out of the two sub counties is being enforced. All cattle dips in the two sub-counties were closed and dipping of livestock

Let us have the statement in two weeks time. Sen. Khaniri, you may proceed.

Sen. (Prof.) Lonyangapuo.

suspended. Farmers were asked to hand spray their livestock at home. This is the usual practise in the cases of highly infectious and contagious diseases such as the foot and mouth disease. The imposition of quarantine and the banning of livestock movement are disease control measures that curtail spread of the disease to clean areas.

Mr. Speaker, Sir, vaccination is an important intervention in foot and mouth disease control. Following the recent outbreak in West Pokot County, 2,100 head of cattle were immediately vaccinated around the focus of the disease to limit its spread. A further 10,000 doses of vaccine have been ordered from the Kenya Veterinary Vaccines Production Institute (KEVEVAPI) out of which 2,000 doses have been received. Vaccination is, therefore, ongoing to protect the livestock. The disease has been confined in the stated sub-counties and has not spread to other areas. The last reported and confirmed case of the disease was on 28th January, 2014 in Mngei Location, Tartar Sub- Location. The County Government of West Pokot is ready and willing to assist in purchase of a foot and mouth disease vaccine and facilitate vaccination of cattle to avoid closure of livestock markets.

The County Veterinary Department is closely monitoring the disease situation and after vaccinating vulnerable populations of livestock and ascertaining control of the disease, it will consider lifting the quarantine and opening livestock markets. Co- operation and consultations between the national and county veterinary services have been enhanced in West Pokot County and other counties to control diseases of animals and effectively deliver other devolved components of veterinary services.

Mr. Speaker, Sir, on the impact of the disease in the county, to date, 10,000 heads of cattle belonging to some 330 families have been affected out of the total 314,000 Zebu and 58,000 dairy cattle in West Pokot. Sheep and goats are also susceptible to the disease but none of the 451,000 sheep and 444,000 goats in the county have been affected. West Pokot County has a population of 512,690 people. That is as per the 2009 census. This population largely depends on livestock and livestock related enterprises. Out of this population, 330 families have been affected by the disease.

Lastly, regarding school fees assistance to the students, that is the over 30 students that the Member mentioned from the county, it is important to observe that disease control is one of the devolved functions under the Fourth Schedule of the Constitution. That is a matter best left to the West Pokot County Assembly to consider.

I thank you, Mr. Speaker, Sir.

They are claiming that it belongs to the county government yet in the Fourth Schedule, we know that the veterinary policy which relates to the vaccination he is talking about when a disease breaks out anywhere in Kenya, it is the national Government that steps in to see to it that the problem is rectified. The county government only deals with animal control and welfare, including licensing of dogs. I am not talking about dogs in this matter, but I am talking about the things that make the people of West Pokot become civilized Kenyans like other people who live in this country, because we depend on livestock.

Mr. Speaker, Sir, I wanted to know whether the national Government has sent money or vaccines and if they have already moved in to lift the quarantine which has not been addressed in this matter. They are blaming the county government and yet the county government has no money set aside for that. Their business is very simple as indicated in Schedule Four.

Thank you, Mr. Speaker, Sir. The Senator has asked a host of questions. First of all, he says that I did not come up with measures. If he listened to me very clearly, I outlined the measures the Ministry has taken; imposing quarantine, vaccinations and all that. I think it is not right to say that I did not come up with the measures to eliminate this outbreak. I did that and very eloquently so. On the issue of assisting the students, I think the hon. Member knows very well the provisions of the Fourth Schedule in our Constitution. We clearly know the roles of the national Government and the roles of the county government.

This House is on the forefront of fighting to ensure that the county government is given its opportunity to play the role that is provided for in the Constitution. Therefore, where provisions are very clear, like in this case, I think it is important that we let the county government play their role. What we should be asking is for them to be facilitated. We should be pushing for them to be given enough resources to do this. With regard to this particular issue, the national government provides policy for that. Otherwise, implementation lies squarely with the county government.

Mr. Speaker Sir, with regard to opening the markets, the livestock markets will only be opened after it is ascertained that the situation has been controlled. With regard to vaccines, I stated very clearly that the county government is willing to provide the vaccination and they have already done that. So, the issue of provision of vaccination does not arise because there is enough vaccination for their livestock.

The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, I want to seek clarification from the Chair of the Committee in the following terms: Over 50 years after Independence, why should our country be grappling with issues of foot and mouth disease, rinderpest and Rift Valley fever? Why are they unable to diagnose the diseases killing animals? They just call it Rift Valley Fever. There is also new castle for birds and so on. These recurrent diseases have wiped out fortunes of families especially in ASAL areas. Is it possible for us to get assurance from the Chairman of the Committee that proper communication will be made to the Government that it is time those diseases became part of our history rather than part of our nightmare? Even our export of meat and meat products to the Middle East countries is hampered by the fact that Kenya is classified as an animal disease zone. When countries with so little like Djibouti---

They are claiming that it belongs to the county government yet in the Fourth Schedule, we know that the veterinary policy which relates to the vaccination he is talking about when a disease breaks out anywhere in Kenya, it is the national Government that steps in to see to it that the problem is rectified. The county government only deals with animal control and welfare, including licensing of dogs. I am not talking about dogs in this matter, but I am talking about the things that make the people of West Pokot become civilized Kenyans like other people who live in this country, because we depend on livestock.

Mr. Speaker, Sir, I wanted to know whether the national Government has sent money or vaccines and if they have already moved in to lift the quarantine which has not been addressed in this matter. They are blaming the county government and yet the county government has no money set aside for that. Their business is very simple as indicated in Schedule Four.

Order! This is Statement Time, so clarifications must be clarifications and not substantive submissions.

The Senate Minority Leader (Sen. Wetangula) : Okay, Mr. Speaker, Sir. Countries with so little like Djibouti are classified as disease free. Surely, if you compare Djibouti with Kenya, I am sure we can do better. Can we have an assurance?

Mr. Speaker, Sir, the Government has, through the Chair, told the farmers in West Pokot that they should not take their animals for dipping and they should spray those animals at home. Spraying the animals at home has got a serious cost. The acaricides and the rucksack pumps are also expensive. Could the Chair tell us whether the Government has also supported farmers by distributing pumps and acaricides so that the exercise can take place at home?

Mr. Speaker, Sir, I want to seek clarification from the Chair of the Committee in the following terms: Over 50 years after Independence, why should our country be grappling with issues of foot and mouth disease, rinderpest and Rift Valley fever? Why are they unable to diagnose the diseases killing animals? They just call it Rift Valley Fever. There is also new castle for birds and so on. These recurrent diseases have wiped out fortunes of families especially in ASAL areas. Is it possible for us to get assurance from the Chairman of the Committee that proper communication will be made to the Government that it is time those diseases became part of our history rather than part of our nightmare? Even our export of meat and meat products to the Middle East countries is hampered by the fact that Kenya is classified as an animal disease zone. When countries with so little like Djibouti---

Order! This is Statement Time, so clarifications must be clarifications and not substantive submissions. The Senate Minority Leader (

Okay, Mr. Speaker, Sir. Countries with so little like Djibouti are classified as disease free. Surely, if you compare Djibouti with Kenya, I am sure we can do better. Can we have an assurance?

Mr. Speaker, Sir, I share the feelings of Sen. Wetangula, but I think we have been let down. That 50 years down the road after Independence and we are still grappling with diseases that could have been eliminated long ago. I know for the case of West Pokot, it was an isolated outbreak since it has not happened there in a long time. I think in this era and age, these are things that should be behind us. Therefore, I will pass the sentiments of this House to the Cabinet Secretary so that they can come up with a long and lasting solution to these outbreaks.

Mr. Speaker, Sir, the question by Sen. (Dr.) Khalwale; the reason why farmers have been asked to spray their own animals is, of course, to avoid the spread of the disease. I do not think that the Government is in a position to provide the pumps and the acaricides to individual farmers because this is normally done collectively when they go to a central place. That is the dipping area.

I also agree with Sen. Hargura that it is important that we make use of our locally produced acaricides by KEVEVAPI and the same will be relayed to the Cabinet Secretary. The same applies to the question by Sen. (Prof.) Lesan which was a very loaded question and maybe he should raise this as a substantive Question so that we can do a research on this and come up with a substantive answer. This is with regard to the spread of these diseases from wildlife to livestock. I think I would request him to request for a statement so that the Cabinet Secretary can give us a proper and full answer on that particular statement.

Thank you.

Mr. Speaker, Sir, I would like to seek clarification along the same line, that three quarters of this country is arid and semi-arid. It has come out very clearly that vaccination is still a very difficult thing to do while we have one of the largest vaccine laboratories here. Could the Chairman assure us that the Government is going to make use of that laboratory and provide enough vaccines so that we will not be having this erratic occurrence of diseases? Where they occur, I know that the vaccines are mostly provided by Non-Governmental Organizations (NGOs) like the Veterinaries’ San Frontier (VSF) and the Government is not doing much. Could he assure us that the Government is going to take that issue seriously?

Mr. Speaker, Sir, I rise to seek a clarification from the Chairman whether the Government has explored and attended to the issue of the fact that most of these livestock diseases are reservoired in wildlife. There is constant migration or transfer of these animal diseases from wildlife to livestock which is domesticated. Could he tell us what the Government is doing to control or limit the transfer of these diseases from the wildlife to domestic animals?

Mr. Speaker, Sir, the Chairman in his last answer dismissed the request I had made that over 30, 000 students have lacked fees in secondary schools, colleges and universities which is a function of the national Government. It is not a function of county government as is stated in the Fourth Schedule. I want to encourage the Chairman to read it again so that he can realise that when I am asking this question, it is function No.16 of the national Government to attend to a problem like this. I am saying that the students are at home and they need to go back to school. Why has the Government not yet stepped in through the relevant departments, where necessary?

Mr. Speaker, Sir, I will start with Sen. (Prof.) Lonyangapuo’s question. I sympathize with the situation and I will ask the Cabinet Secretary in charge to liaise with his counterpart in the Ministry of Education to see if there is anything that can be done to alleviate the suffering by the students and to see if the bursaries can be provided to the 30, 000 students. I will pass that to the Cabinet Secretary to liaise with his counterpart.

Mr. Speaker, Sir, I share the feelings of Sen. Wetangula, but I think we have been let down. That 50 years down the road after Independence and we are still grappling with diseases that could have been eliminated long ago. I know for the case of West Pokot, it was an isolated outbreak since it has not happened there in a long time. I think in this era and age, these are things that should be behind us. Therefore, I will pass the sentiments of this House to the Cabinet Secretary so that they can come up with a long and lasting solution to these outbreaks.

Mr. Speaker, Sir, the question by Sen. (Dr.) Khalwale; the reason why farmers have been asked to spray their own animals is, of course, to avoid the spread of the disease. I do not think that the Government is in a position to provide the pumps and the acaricides to individual farmers because this is normally done collectively when they go to a central place. That is the dipping area.

I also agree with Sen. Hargura that it is important that we make use of our locally produced acaricides by KEVEVAPI and the same will be relayed to the Cabinet Secretary. The same applies to the question by Sen. (Prof.) Lesan which was a very loaded question and maybe he should raise this as a substantive Question so that we can do a research on this and come up with a substantive answer. This is with regard to the spread of these diseases from wildlife to livestock. I think I would request him to request for a statement so that the Cabinet Secretary can give us a proper and full answer on that particular statement.

Thank you.

Thank you, Mr. Speaker, Sir. The power supply to Garissa Town is from a diesel power plant with a total installed capacity of 4.8 megawatts. The effective capacity being produced is 4.4 megawatts and the customer base in Garissa is

On a point of order, Mr. Speaker, Sir. I do not know whether the Senator for Garissa is in the House or whether he has designated another Senator.

over 11,000. On Wednesday, 5th March, 2014, at 8.30 a.m. a fire started from engine No.2 housed in the old power house. The fire exploded and spread to all the other engines housed in the old power house. The old power house together with the station’s switch gear, cables and the accessories were completely damaged, cutting off supply to the whole of Garissa Town.

Garissa Town is an isolated power station and is not, therefore, connected to the national grid. Thus, there were no alternative sources of power to supply the town. But on the response by the concerned, the power plant team immediately put off the fuel supply to the generating sites and also isolated electrical supplies. A team from the Kenya Defence Forces and other Non-Governmental Organizations (NGOs) swiftly moved in to fight the fire and by 3.00 p.m. they had been able to contain the fire.

The Managing Director, Kenya Power and Lighting Company, Dr. Ben Chumo, and the Managing Director, KenGen, Eng. Albert Mugo, and a technical team from the Kenya Power and KenGen flew into Garissa and were on site by 12.00 p.m. the same day. The team assessed the situation and action plans were put in place to restore the supply. Works to restore the supply started immediately with an additional Kenya Power Company (KPC) team being flown from Nairobi to help the team on the ground. The team worked overnight and by 3.00 a.m. on Thursday morning, 6th March, temporary cables were installed and tested. By 10.00 a.m. on Thursday, a total of two megawatts were installed and the power was supplied to the emergency sites. This facilitated the restoration to the hospital and water works. Another three pumps of 850 Kv each were delivered. They had been installed by Aggrecko by Sunday 9th March, 2014. By 3.00

Mr. Speaker, Sir, I want to thank the Chair of the Committee for that response. I want to also take the opportunity to thank Kenya Power and Lighting Company and KenGen, actually, for moving very fast to restore power supply to Garissa.

Mr. Speaker, Sir, I just wanted the Chair to clarify two things. To avoid similar challenges, has any investigation been done regarding the cause of the fire? If so, what is the cause of the fire that blew up all the engines? Secondly, with regard to the national grid transmission line that is being worked on between Kamburu and Garissa, who is the contractor and how far has that line reached so far?

Mr. Speaker, Sir, the cause of the fire has been identified. In fact, by the time that the fire started, they had brought in one engine. By good luck, it was not in the same old power house. The cause of the fire is that the engines were very old and almost obsolete. That is why they have sent in brand new engines.

Proceed, Mr. Mwakulegwa.

Regarding the second question about the contractor who is constructing the transmission line from Kamburu to Garissa, I do not have details. But assurance has been given that by December, this transmission line will be commissioned, which means that somebody is working on the line right now. But I do not have the name with me right now.

Mr. Speaker, Sir, the issue of the Garissa power supply has been with us for long. When you talk about commissioning a project, you must have decided on the funding commitment and even the contractual obligations should have been made. I doubt whether the Chairman is giving us the right information. I want to request that this statement be deferred to allow the Chairman get actual details, so that we can have it done to our satisfaction, if he cannot do it now.

Mr. Speaker, Sir, I think that from what has occurred in Garissa, we realize that there are many other isolated stations like Mandera, Wajir, Marsabit and Lodwar. They are not connected to the national grid; they all run on diesel powered engines and generators. What is the Government doing in order to come up with sustainable sources of power, like the renewable green energy which will not have the same problems like the diesel engines? It is cheaper to have isolated solar power systems for those far-flung areas, knowing that even the national grid has its own problems. It is hydro-based and sometimes rationed. Why can the Government not invest in renewable green energy for these isolated centres?

Mr. Speaker, Sir, as I said earlier on, I do not know the name of the contractor, but I have been told and confirmed that works are ongoing on the transmission line from Kamburu to Garissa. I could bring the details of the contractor later and at what stage they are. I can provide that information later.

Mr. Speaker, Sir, in terms of the other isolated power stations in Mandera and the other towns, as I supply the name of the contractor and other details, I will be able to give an update on that. But additionally to that, the Government has an objective to actually produce 5,000 megawatts in 40 months. Right now, they have actually put on the national grid 140 megawatts from geothermal and other sources. By December, they will be adding another 280 megawatts. So, they are in the process of lending more power to the national grid.

Mr. Speaker, Sir, in terms of the isolated stations, I could come back with more details tomorrow.

Thank you, Mr. Speaker, Sir.

March 12, 2014 SENATE DEBATES STATUS OF LAND ADJUDICATION AND ISSUANCE OF TITLE DEEDS IN MERU COUNTY

Mr. Speaker, Sir, I will request for three weeks to table the Statement.

Mr. Speaker, Sir, Sen. Khaniri is a very serious Senator. I will take his word and wait for the three weeks.

On a point of order, Mr. Speaker, Sir. Would I be in order to request the Chairman of the Committee on Agriculture, Lands and Natural Resources to give this Statement for the whole of the country, since this issue is relevant to almost every county?

Mr. Speaker, Sir, it is true that the issue of land adjudication affects very many parts of this country. If you will allow me to enjoin Prof. Anyang’-Nyong’o’s request, then I will ask the Cabinet Secretary to give me a Statement for the entire country.

On a point of order, Mr. Speaker, Sir. I think that Sen. (Prof.) Anyang’-Nyong’o wants to sabotage the delivery of my Statement within the next three weeks. Could the Chairman deliver my Statement within three weeks, as he said and then take more time to do the exercise that Sen. Anyang’-Nyong’o has requested? He may deliver that one at a future date.

March 12, 2014 SENATE DEBATES STATUS OF LAND ADJUDICATION AND ISSUANCE OF TITLE DEEDS IN MERU COUNTY

Mr. Speaker, Sir, I do not think that the word “sabotage” is unparliamentary. But I could replace it with “undermine”, which is more polite.

Mr. Speaker, Sir, Sen. Khaniri is a very serious Senator. I will take his word and wait for the three weeks.

On a point of order, Mr. Speaker, Sir. Would I be in order to request the Chairman of the Committee on Agriculture, Lands and Natural Resources to give this Statement for the whole of the country, since this issue is relevant to almost every county?

Mr. Speaker, Sir, it is true that the issue of land adjudication affects very many parts of this country. If you will allow me to enjoin Prof. Anyang’-Nyong’o’s request, then I will ask the Cabinet Secretary to give me a Statement for the entire country.

On a point of order, Mr. Speaker, Sir. I think that Sen. (Prof.) Anyang’-Nyong’o wants to sabotage the delivery of my Statement within the next three weeks. Could the Chairman deliver my Statement within three weeks, as he said and then take more time to do the exercise that Sen. Anyang’-Nyong’o has requested? He may deliver that one at a future date.

On a point of order, Mr. Speaker, Sir. Is it in order for Sen. Kiraitu Murungi to impute improper motive on my part and use unparliamentary language with reference to exactly what I have said? Could he either use a more polite word or withdraw and apologize?

Mr. Speaker, Sir, I do not think that the word “sabotage” is unparliamentary. But I could replace it with “undermine”, which is more polite.

Mr. Speaker, Sir, can I continue?

Let us dispose of this matter. Since the Chair has no difficulties with extending your request to cover the rest of the country, I think that it makes a lot of sense. I think your fear is just that maybe it might take more time and affect the delivery of your own Statement. But I am sure that your county is part of the great nation of the Republic. So, depending on the information that they get from the relevant Cabinet Secretary, if the Committee finds that they need more information, then they will come back to us. If you can obtain all the information within the three weeks, I am sure that Sen. Kiraitu would have no problem with that. If the Committee feels that they need more information, then they will come back to us. They will obtain all the information within three weeks and I am sure Sen. Murungi would have no problem with that extension. I really do not think Sen. (Prof.) Anyang’-Nyong’o was hijacking, sabotaging or undermining your Statement. I think he just wanted to benefit from the same as you are most likely going to benefit.

I stand directed, Mr. Speaker, Sir.

In three week’s time.

Mr. Speaker, Sir, I also seek a Statement from the Chairman of the Committee on National Security and Foreign Relations. The request being made is for a Statement from the Cabinet Secretary in charge of registration of persons specifying how many birth certificates have been issued in Meru County in the years 2012, 2013 and this year, 2014. We also need the Statement to explain why there is such lengthy and unreasonable delay in issuance of birth certificates in Meru County. We would like them also to explain whether the Government will decentralize registration of births and issuance of birth certificates to the sub-county level. Part of the problem is that even people without money are required to travel long distances to go and seek birth certificates while marriage certificates are given by pastors and priests in churches all over. There is no reason why birth certificates should be issued in one centralized place. So, can they decentralize the issuance of birth certificates at least to the sub-county level? The Senate Minority Leader (

Chair.

Mr. Speaker, Sir, the Chair is out of the country. I am a Member of the Committee, I request that we be given two weeks to come issue the two Statements.

Mr. Speaker, Sir, this is an old statement and I suspect the Ministry should be having a response as of now and since it is long overdue, I want to plead with the Chairman to bring it probably towards the end of next week, if it is possible.

Mr. Speaker, Sir, without appearing to be sabotaging, undermining or hijacking the request by the distinguished Senator for Meru, could the Chairman of the Committee also, in giving the answer, tell the House why registration of persons is not decentralized to counties; and when the continuous registration of voters by the Independent Electoral and Boundaries Commission (IEBC) as envisaged in the new Constitution will start? I hope I have not sabotaged, undermined or hijacked the question.

Chair.

You nearly overloaded my question but we shall be guided by the Speaker.

Let me have a copy of your Statement, then I can see whether the additions by Sen. Wetangula are an overload.

In the meantime, there is a request from the Senator from Wajir.

Wetangula related to continuous registration of persons. I will agree with Sen. Murungi, this is a serious overload if not derailing the initial process. So, I will invite Sen. Wetangula to look for his opportunity to seek a Statement along his lines and the one for Sen. Murungi shall remain the way it is.

The Senate Minority Leader (Sen. Wetangula): On a point of order, Mr. Speaker, Sir.

What is it, Sen. Wetangula? The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, in law we have a doctrine called “the doctrine of ejusdem generis, that is, of the same nature: Registration and issuance of birth certificate or registration of persons and registration of voters are all a sequence. I do not see the overload but I respect your ruling.

Please, do. You are talking of a sequence, I would have been worried if they were simultaneous and that is where the difference is. I have heard someone say “just because I was born, I must also marry as a consequence.”

Mr. Speaker, Sir, I think you should be admitted to the bar.

Order, you are repeating yourself.

Mr. Speaker, Sir, I would like to read a Statement which was requested by the Senator for West Pokot regarding the management of Turkwel Hydro Power Station. He sought to know whether the State is aware that the current chief engineer of Turkwel Hydro Electric Station has been causing conflict and fueling tension between the neighbouring communities living around the company’s locality.

The answer to that is that Turkwel Power Station was commissioned in 1991 and the operations at the station have been adversely affected by the hostilities between the two communities living in the area. As a result of these poor relations, there has always been pressure to remove chief engineers no matter how well they have performed their duties. Within the life of the plant, five engineers have been forced out due to pressure from one or the other of the communities. They were harassed and even threatened and the company had no option but to remove them in order to safeguard their lives. Several members of staff have been shot and even one lost his life while in the line of duty. Indeed, most engineers do not want to work in the plant due to the security and personal safety concerns at the plant.

Eng. Tarus was promoted to the post of chief engineer on 17th July, 2009, following a competitive interview process and has been carrying out his duties with due diligence without favouritism and discrimination to any of the two communities residing in Turkwel.

The second issue was to explain why several requests by local area leaders to the Managing Director of KenGen to have the officer removed have not been granted. The answer to this is that KenGen is bound by its human resources policies and availability of qualified technical personnel when placing or transferring officers from their positions. If

It is okay, Mr. Speaker, Sir.

requests for transfer by the community are received, then KenGen will investigate and if legitimate grounds for transfer exist, appropriate action will be taken.

The other issue was to state when the officer will be removed and a competent one appointed to take his place. Eng. Isaac Tarus was engaged as a graduate engineer on 15th November, 1997 and rose through the ranks to his current position of chief engineer, Turkwel. He is a graduate of Jomo Kenyatta University of Agriculture and Technology with a degree in B.Sc. Mechanical Engineering, Upper Second Class Division. Over the period since he took over the running of the plant, the station has performed well and continuous to do so under his management. In view of the above, the company deems Eng. Isaac Tarus to be competent. However, the issues raised in the statement will be investigated and determined if the company finds anything that implicates him.

Mr. Speaker, Sir, I had responded by saying that there is a human resource policy that describes how long they can take and what evaluates them. The Report says that this employee or chief engineer has been the most productive person

in the life of Turkwel George Hydro-Electric Plant. They are still carrying out investigations with regard to the complaints from the community. If they find that he has been implicated in one way or another, they will take appropriate action against him. However, they will not remove him.

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

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

Mr. Speaker, Sir, I would have appreciated more if he told me to give him a specific number of days or weeks. I will still share with him the finer details that I have.

What is the time that has been given?

Mr. Speaker, Sir, the company has been given time to complete their investigations. If they complete in one or two weeks, I will share with him. However, other finer details will help because I can pass the information to senior management. This would accelerate in making a decision.

Mr. Speaker, Sir, I beg to move the following Procedural Motion.

THAT, pursuant to the provisions of Standing Order No. 125, the Senate resolves that the publication period of the following Bills be reduced from 14 days to five days.

The request being made to this Senate is that we reduce the period of publication for the four Bills. This will provide for a shorter period between when they are published and when they are introduced to this House.

According to the Standing Orders, there must be a reason why a Bill may not be published for fourteen days or seven days depending on the type of the Bill. Hon. Senators are aware that some of those Bills were published in the last session and lapsed. So, it is assumed that even if we are republishing them afresh, the public interacted with the Bills in the last session. Secondly, there is increased effort, after we resumed, to enact a number of Bills in this Session. Therefore, it is in this context that we want to make sure that we have Bills coming as soon as possible. We are also recognizing that some Bills had been published before in the last Session. Thirdly, the entire legislative process is long enough to allow public participation even after the Bills have been introduced in this House and for those reasons, I urge hon. Senators to allow that the publication period for these Bills be reduced from 14 days to five days for the reasons stated.

For those reasons, I beg to move. I would like to request Sen. Boni Khalwale to second the Motion.

Mr. Speaker, Sir, this being a procedural Motion, there will be no reason to belabour it. The reasons advanced by the Senate Majority Leader are quite plausible. I would like to emphasise that most of these Bills were published way before we went on recess last year. Therefore, there is every good reason for us to fast track them.

I second.

This is not a matter affecting counties and each Senator has a vote.

Mr. Speaker, Sir, I had responded by saying that there is a human resource policy that describes how long they can take and what evaluates them. The Report says that this employee or chief engineer has been the most productive person

referred to the relevant Senate Committees)

Mr. Speaker, Sir is the human resource policy document for KenGen meant for one being? I am asking this on behalf of the people from that region. We have had two more people coming from that region as Tarus. I have talked of Eng. Isaac Ondiek and we have no problem with him. We had no problem with Eng. Abel Rotich. There are also others. We are only asking whether a certain engineer can be moved. When you hear a Senator saying that one should be moved, he means well. We can get another one from within or without.

Sen. Muthama, you have a balance of 12 minutes.

Mr. Speaker, Sir, I will try to use the 12 minutes to the maximum.

The Motion I am moving now which I started yesterday is very clear and direct to the point. My concern is about young people who have sons and daughters. They get employed in the military and other security organs. Most of them are young officers who do not have any technical background by the time that they are put on the front line of their profession. Most of them, once they die in the line of duty, do not get compensated.

Mr. Speaker, Sir, from experience, when our young boys and girls were sent to Somalia, some of them were killed there and their bodies were flown back to this country. About three to four of them came from Kangundo Constituency that I used to represent. I attended their funeral services and the most devastating point was that one with a very young family with children between two and four years old was not compensated. Their wives were moved out of the military camps and taken home. In the process, I had to hold fundraisings to assist the families of the deceased soldiers. That is as a result of bad arrangements within the Government. You can imagine a young woman being left with two children to fend for when her young husband has been killed and they are taken back to their rural homes where there is no water and other basic necessities, yet these children have to be taken to school.

This Motion should take care of those families. I want to give a very good example of what happened at the Westgate Mall attack where we kept on complaining that our military officers were not professionals because instead of going to contain the situation, they went to steal water, milk and bread. This was as a result of their lives and

What is the time that has been given?

those of their families not being guaranteed. For us to come out as leaders and be seen to be leading, it is not about the Head of State, the Cabinet Secretaries, the Chief of General Staff or the Inspector General of Police, it is about the Kenyans we are leading. When we talk about spending money, the low class people in this country do not see the money that is being spent and squandered, left right and centre.

Mr. Speaker, Sir, you are my witness that you are guarded by police officers who earn peanuts. Their salary is between Kshs15, 000 and Kshs18, 000. They can see you contributing Kshs20, 000 in a function and the same thing happens the following week. In a month, they will have witnessed you giving out between Kshs80,000 to Kshs100,000. To the mind of this guard, that is a big amount of money. They also know that you have an insurance cover for yourself and your family when it comes to hospitalization whereas the money they earn is what they are supposed to use to cater for the treatment of their families. There is no guarantee that should they face armed thugs and get killed, their children and wives will ever be taken care of.

This Motion is urging the Government to make sure that they are given full insurance even if it is not the Government that is going to compensate the victims. The Government should have an insurance cover for the police officers who are killed in the line of duty in order to take care of their children from Class One up to Standard Eight and then from Form One to Form Four and at the university level. If that insurance cover can be put in place, I want to assure this House that we will have well disciplined police officers.

Mr. Speaker, Sir, I beg to move the following Procedural Motion.

THAT, pursuant to the provisions of Standing Order No. 125, the Senate resolves that the publication period of the following Bills be reduced from 14 days to five days.

The request being made to this Senate is that we reduce the period of publication for the four Bills. This will provide for a shorter period between when they are published and when they are introduced to this House.

According to the Standing Orders, there must be a reason why a Bill may not be published for fourteen days or seven days depending on the type of the Bill. Hon. Senators are aware that some of those Bills were published in the last session and lapsed. So, it is assumed that even if we are republishing them afresh, the public interacted with the Bills in the last session. Secondly, there is increased effort, after we resumed, to enact a number of Bills in this Session. Therefore, it is in this context that we want to make sure that we have Bills coming as soon as possible. We are also recognizing that some Bills had been published before in the last Session. Thirdly, the entire legislative process is long enough to allow public participation even after the Bills have been introduced in this House and for those reasons, I urge hon. Senators to allow that the publication period for these Bills be reduced from 14 days to five days for the reasons stated.

For those reasons, I beg to move. I would like to request Sen. Boni Khalwale to second the Motion.

Mr. Speaker, Sir, this being a procedural Motion, there will be no reason to belabour it. The reasons advanced by the Senate Majority Leader are quite plausible. I would like to emphasise that most of these Bills were published way before we went on recess last year. Therefore, there is every good reason for us to fast track them.

I second.

This is not a matter affecting counties and each Senator has a vote.

referred to the relevant Senate Committees)

Sen. Muthama, you have a balance of 12 minutes.

Mr. Speaker, Sir, I will try to use the 12 minutes to the maximum.

The Motion I am moving now which I started yesterday is very clear and direct to the point. My concern is about young people who have sons and daughters. They get employed in the military and other security organs. Most of them are young officers who do not have any technical background by the time that they are put on the front line of their profession. Most of them, once they die in the line of duty, do not get compensated.

Mr. Speaker, Sir, from experience, when our young boys and girls were sent to Somalia, some of them were killed there and their bodies were flown back to this country. About three to four of them came from Kangundo Constituency that I used to represent. I attended their funeral services and the most devastating point was that one with a very young family with children between two and four years old was not compensated. Their wives were moved out of the military camps and taken home. In the process, I had to hold fundraisings to assist the families of the deceased soldiers. That is as a result of bad arrangements within the Government. You can imagine a young woman being left with two children to fend for when her young husband has been killed and they are taken back to their rural homes where there is no water and other basic necessities, yet these children have to be taken to school.

This Motion should take care of those families. I want to give a very good example of what happened at the Westgate Mall attack where we kept on complaining that our military officers were not professionals because instead of going to contain the situation, they went to steal water, milk and bread. This was as a result of their lives and

those of their families not being guaranteed. For us to come out as leaders and be seen to be leading, it is not about the Head of State, the Cabinet Secretaries, the Chief of General Staff or the Inspector General of Police, it is about the Kenyans we are leading. When we talk about spending money, the low class people in this country do not see the money that is being spent and squandered, left right and centre.

Mr. Speaker, Sir, you are my witness that you are guarded by police officers who earn peanuts. Their salary is between Kshs15, 000 and Kshs18, 000. They can see you contributing Kshs20, 000 in a function and the same thing happens the following week. In a month, they will have witnessed you giving out between Kshs80,000 to Kshs100,000. To the mind of this guard, that is a big amount of money. They also know that you have an insurance cover for yourself and your family when it comes to hospitalization whereas the money they earn is what they are supposed to use to cater for the treatment of their families. There is no guarantee that should they face armed thugs and get killed, their children and wives will ever be taken care of.

This Motion is urging the Government to make sure that they are given full insurance even if it is not the Government that is going to compensate the victims. The Government should have an insurance cover for the police officers who are killed in the line of duty in order to take care of their children from Class One up to Standard Eight and then from Form One to Form Four and at the university level. If that insurance cover can be put in place, I want to assure this House that we will have well disciplined police officers.

Order!

With those few remarks, I beg to support.

Mr. Temporary Speaker, Sir, in support of this Motion, one cannot run short of examples. There are so many examples of this thing. As an example, our young people die fighting dangerous criminals in Nairobi, Mombasa, Kisumu and, in fact, just about all urban centres in the county. Our young people put their lives on the line. When these people die during an exchange of gunfire here in the City or elsewhere, we have a special group of people called human rights activists. You never hear a single word of praise for these police officers who lose their lives during that exchange of fire. You will instead hear a lot from the human rights groups who are quick to focus only on the criminals with the trademark condemnation of “extrajudicial killings”.

Mr. Temporary Speaker, Sir, I, like many Parliamentarians in this Republic, have spoken out against extrajudicial killings. But as we do so, we must always temper it with the need to realize that, in fact, some of those young people do it, not out of love, but because they are confronting dangerous criminals. How else on earth can a policeman with a G3 rifle confront a gangster who is brandishing an AK47 rifle and other heavy power machine guns? Can he confront him with a walking stick or whistle? It is very difficult. It is, therefore, important for us who condemn the issue of extrajudicial killings to emphasize to the police to reform their training and equip the youth better with teargas, rubber bullets and all those modern techniques of fighting crime.

Mr. Temporary Speaker, Sir, if you go to the bank you will see somebody guarding money with a rungu. The person who goes and breaks into the bank will never come with a rungu. Maybe the time has come for us to pass a law to ensure that all security guards in banks are armed with AK47 rifles. We should pass our law where all our assistant chiefs and chiefs will be given firearms to fight crime because these people are not joking.

Mr. Temporary Speaker, Sir, the young people who died at Westgate have all been forgotten now. There are those who died in Somalia and are still dying, facing the Al Shabaab. They are protecting us. A case in hand that will persuade you is in Kakamega. There is a young Luo girl called Ms. Doreen who works with NTV. She got married and soon after the husband was posted to Somalia. He did not last there for more than a week. He lost his life. When she heard what happened, she collapsed. Sometimes you see her with a camera and the esteem, beauty and bounce that was in the young girl is gone. All that she was given was a nice speech from the Commissioner of Police and a 21-gun salute and the people walked away. We can do more.

Mr. Temporary Speaker, Sir, I know of a case of the late Major Ong’ayo, who was a friend of Moses Wetangula. In fact, they were agemates. They went to the stream at the same time for circumcision. Major Ong’ayo lost his life in Bosnia and left a young wife, Marsela. Madam Marsela has struggled with the children of Major Ong’ayo. He had brilliant sons and daughters. Despite the exemplary duty that Major Ong’ayo gave this country, the State does not remember his family that has been struggling and living on a pittance.

Mr. Temporary Speaker, Sir, this is the time for us to think hard and long, especially those at the national Treasury. We need to see how best we can create a fund that would be managed deliberately for this purpose. Our systems here, in financial terms are quite solid. We cannot compare ourselves with other African countries. I am sure that

Use one language.

we can defend our country. You remember the stories of Mohammed Ali in the United States and how he was stripped of his title simply because he refused to go to Vietnam. A patriotic duty must be matched with responsibility from the State, to make sure that those who have volunteered to go and serve the country, died in the line of duty and widowed because their loved ones died in the line of duty, have to be treated as Kenyans who have made sacrifices and deserve to be given a better treatment than we have been doing.

Mr. Temporary Speaker, Sir, we are not talking of a lot of money. The amount of money that is wasted in all manner of things in this country is a lot. For example, we have ghost workers. In some offices, you find ten people doing the job that can be done by one person. There are cases of people who go to Government offices, leave their jackets and come back in the evening to pick them and go away. We also have cases at City Hall of people who travel from upcountry just to get their salaries and go back. They are always called ghost workers and yet, they are actually not ghosts. People know them, but do nothing about it. If we can seal all those loopholes, we would not even be having the President talking about pay-cuts in a manner that we are hearing. This is because those pay-cuts do not help. We want to manage, create efficiency, reduce wastage and put money to better use.

Mr. Temporary Speaker, Sir, even more important, the Government does not have to spend its money. Just set up a serious insurance cover that covers the family post the head of the family in case of any eventuality. If a young officer dies on the frontline, the insurance takes up. The Government will have committed itself and paid the premiums. From the time such an event happens – we do not wish it to happen, but it does happen – then the Government with the insurance, will take up the matter. We will not even go to the Exchequer and say: Give us money for this. The Exchequer will be making a one-off payment per annum in terms of premiums which are not heavy. The results and benefits are so immense that it is actually a compelling reason for this Motion, not only to be passed, but followed to implementation.

In fact, I wish that Sen. Muthama or somebody else who will speak after me could mount an amendment to create compulsory insurance for these officers, so that we are not all the time told by the mandarins at the Treasury that there is not money available. It becomes automatic and taken up by insurance. This is done in other jurisdictions. So, it is not something new for Kenya and our officers.

Mr. Temporary Speaker, Sir, the other issue even as we talk about this is the manner in which our security forces are looked after. If you go to a county like Turkana that I am so close to because the chairman of my party, the distinguished Senator for Turkana, Sen. Munyes invites me there quite regularly, and in a county where cattle rustling is very rife and very common, you find a local citizen carrying an AK47 gun on the shoulder and a policeman is standing there with a G3. How can you battle an AK47 with a G3? So, when these Toposas strike from South Sudan and when the police hear the sound of gunfire the first thing they do is to run as fast as their legs can take them. This is happening because you cannot possibly resist an AK47 with a G3.

We need also to minimize deaths and injuries that take these officers out of duty. We need to equip them properly; we need to give them facilities to work. You can imagine the case that happened in Suguta Valley. Imagine fresh graduated police officers

Thank you, Mr. Speaker, Sir. I stand to second this amendment. In seconding, I want to thank the Mover of the original Motion because the pride of any nation is through its security forces. Anything that happens surrounds the security of the nation. For some time now, we have realized how important it is for us to look after our military and our security personnel, particularly when they are injured in the line of duty. This has not just come up now. It was realized some time ago when an insurance firm by the name United Insurance Company was used by the armed forces as its life insurance cover provider.

Unfortunately, this insurance company went under. Many members of the armed forces who were maimed, injured and killed were not compensated; neither were their families. As I speak, the company is under receivership. Therefore, it is timely that this matter is sorted out as quickly as possible. I want to confirm that having served in the Ministry of State for Defence, as recently as two years ago, there exists a life insurance

Mr. Temporary Speaker, Sir, first of all, I want to thank the Mover of this Motion. I am very sure he thought very deeply so that he could come up with something which is so important for this nation. This Motion is so important that it is urging the national Government to provide education for the children who are left without fathers as a result of death in the line of duty. This matter has been there for a very long time although the Government has tried looking at the past.

The Government has tried to do something under Cap.189 of the Penal Code. They have directed how much should be paid to the families of the deceased. They have explained how it should happen, but I think that is not enough. Sometimes we find it very difficult to repeat ourselves while talking about the security of this country. Last week we did nothing, but talk about security. Today it is again security. Therefore, security is a very serious matter affecting this nation which must be viewed by this Government the way everybody views it.

Mr. Temporary Speaker, Sir, the morale and loyalty of our people, including the workers and the police force can only be raised if they know their family is protected or secure when they are dead. I do not know which country just let its officers go and die without care. No one is ready to go and die because he is following mheshimiwa’s cattle which have been stolen by armed gangsters. So, we expect young officers to follow them and yet the gangsters are heavily armed. This is done without any guarantee over what will happen to their families. The police need to be treated just like me and the Mover of the Motion. This is because they are very important people. If you ask me to go and die for you then you have to provide for my family if I am not there. I want to be sure that my family is really fully protected and guaranteed of their lives after my demise.

Regarding the issue of guns; that is, G3 and AK47, they are equally very powerful guns and are from different countries. The AK47 was produced because of G3 which is still a very powerful gun to be used in battle field. Therefore, that is not the major weakness. The major weakness is the morale, confidence and lack of loyalty. All these must be dictated by factors or complementariness that the Government need to give to

Thank you very much, Mr. Temporary Speaker, Sir, for giving me the opportunity to support the Motion as amended. The spirit of this Motion moved by Sen. Muthama is very good and the amendment even adds more value. This demonstrates the fact that this Senate recognizes the heroic work of men and women working within our security apparatus. For example, officers working in the military, the police and various other security organs, including the administration.

Order!

It also demonstrates that we are concerned about their welfare and the welfare of their families. We all agree that officers working in our security organs are severely exposed to various forms of danger and threats. These are threats from external sources, from within and in various ways, including robbers and terrorists. Many of our officers are often called upon to be in the battle front and that exposes them to a lot of risk. Those working in our security organs are called upon to give us protection as citizens so that we are safe and comfortable and so that we can feel that our properties are safe.

They are, therefore, performing very essential services to the citizens through their work of enforcing law and order. Because of their work, today we can talk about peace and tranquility in our nation. We are also able to engage in the various economic activities, carry out investments and even attract investors from outside the country because of their hard work. All these efforts help to grow our own economy.

Mr. Temporary Speaker, Sir, we must also recognize that some of these officers working in our security organs are also citizens. They are fathers and parents. They have children and wives. Therefore, their immediate families are equally exposed. They are bread winners. If they are not there, their families are severely exposed. They will have no other source of livelihood if these officers are not there to provide for them.

I know of one man from my county who worked tirelessly to try and reduce the cattle rustling menace in Samburu and he died in the line of duty, leaving behind a young family. It is a pity that today that family is hopeless. They are paupers in every respect because whatever scheme is in place for this category of officers is sincerely not adequate. It is for this reason that I support this Motion very strongly because as a society, I think we should be able to provide something more for these officers who are doing such useful work for this nation.

Mr. Temporary Speaker, Sir, I, therefore, strongly support the amendment which states that the national Government should create an insurance scheme which will provide a cover that will ensure that the children or the families left desolate in that manner are provided for. I am familiar with the workings of the insurance. I know that this will not cost the country a lot of money. It is affordable and workable. I, therefore, feel that this is a very modest request to make to the national Government so that those left behind, particularly the children, have something to fall back on so that their lives can go on without much interruption.

Mr. Temporary Speaker, Sir, with those few remarks, I support the Motion.

Mr. Temporary Speaker, Sir, I want to join my colleagues in thanking the originator of the Motion, Sen. Muthama and Sen. Orengo who also added more value to the Motion. We, as a nation, have not been able to look at the up of the eye of the people of Kenya keenly. These are the officers who serve as security forces in this country. You know this is a wide area. It includes the police, the General Service Unit (GSU) , the Administration Police (AP) , the prison officers, the Kenya Defence Forces (KDF) et cetera. I do not know how the officers in the National Intelligence Service (NIS) are taken care of here. However, we have not done very well in looking after the families of our officers who die in the line of duty.

Those of us who come from the periphery of Kenya, near the border of Kenya and Uganda, see the miseries some of our officers stay in, in the process of keeping our

security at the border. If one of them dies, it is so painful that we quickly forget about them. Even when they are alive, we have tortured them as follows: That the houses some of them stay in, in the course of dispensing their services and protecting me, you and every other Kenyan, are deplorable. The only thing that is catered for fully is the uniform. It is only from the uniform that you will know that this is a serving police officer. If you come to Nairobi, for us to have peace at night, you should see the work they do. They patrol throughout the night while we sleep. Look at our roads during the rush hour. These officers have become the solution to the traffic mess in this country. It is a pity that we have not prepared for them when they die in the line of duty. We do not fully compensate their next of kin.

Mr. Temporary Speaker, Sir, it is in order that we really embrace this Motion and be able to improve it, so that we see how the Government can fully compensate an officer when he dies in line of duty. We need to salute our fallen heroes in the armed forces and other disciplined forces because they are the protectors of the people of Kenya. Those of us who have gone to Europe or America know how they value a fallen officer. They take care even of the graves where they are laid to rest. When our officers are killed in Kenya, nobody cares. If you recall the massacre that happened in Samburu in Suguta Valley where 42 officers were killed, nothing happened to fully compensate their next of kin. We read in the newspapers that some of the families whose bread winners were involved in the incident, the Government has forgotten them. How much does it cost to honour a profession that protects the integrity of the people of a nation? It just calls for a firm decision to say that we should go further to establish this fund. The families of those people want to also continue living decently like other Kenyans.

Mr. Temporary Speaker, Sir, I remember one young man who died in 2002 in West Pokot. This young man was called Benson Torus Lopong. To date even the little money that was supposed to be paid has not been paid. The parents have followed up the issue until they have given up. I have also followed up the issue. Normally, they would tell you that the issue has been taken up by the nearest office, which is Eldoret. When you go to Eldoret, they tell you that it has been referred back to Nakuru. When you go to Nakuru, you are told that it has come back to the headquarters here. What a pity that they were supposed to pay a pension for an officer, but they have not. We have difficulties in paying the pension of somebody who has gone, and yet we enjoyed their services when they were alive.

Mr. Temporary Speaker, Sir, the same case applies to people who have retired. It is so difficult that people do not want to even think about their retirement. It becomes a burden to come looking for that little money. If we can go ahead and establish this fund as proposed in this Motion, we will assure the children of our fallen heroes who will be left behind of a bright future. The children and their families will know that, at least, the services of their parents were valued when they were alive. We also know what happens today during recruitment into the security forces. There is corruption during the recruitment. Therefore, the families of those who end up being recruited put a lot of hope in them. So, whenever tragedy strikes, it becomes very painful.

Mr. Temporary Speaker, Sir, the insurance that we are thinking about here should even cater for their housing. If the officer dies, part of the funds can be used to build a

Use one language.

house or home for his children if they do not have one. This will boost the morale of our officers and make them serve this great nation with a lot of dedication.

Mr. Temporary Speaker, Sir, as you know, our borders are very porous. We rely heavily on only our security officers to man them. For that reason we need to stand firm with them, so that they can work with zeal. Somebody mentioned what our officers are doing in Somalia. We stand tall in the whole world because of our officers. But have we stood with the families of those who have lost their lives? This Motion calls upon all of us, as Kenyans, to always stand with our officers. We need to salute them when they die in the line of duty and, at the same time, take care of their children. We could even visit the graves of officers who fell in the line of duty with flowers. This is done in other countries. So, we need to come up with something that we can stand and say that we valued them when they were alive.

Mr. Temporary Speaker, Sir, I support this Motion.

On a point of order, Mr. Temporary Speaker, Sir. Is the distinguished Senator in order to attack my culture without specifying that the culture she is referring to cuts across two communities and that what obtains in her community does not obtain in the Abaluhya Community? This is because we take care of our widows, children and women. We preserve their legacy and, indeed, make sure that our brothers’ children get that money. Is she in order?

Thank you, Mr. Speaker, Sir. I stand to second this amendment. In seconding, I want to thank the Mover of the original Motion because the pride of any nation is through its security forces. Anything that happens surrounds the security of the nation. For some time now, we have realized how important it is for us to look after our military and our security personnel, particularly when they are injured in the line of duty. This has not just come up now. It was realized some time ago when an insurance firm by the name United Insurance Company was used by the armed forces as its life insurance cover provider.

Unfortunately, this insurance company went under. Many members of the armed forces who were maimed, injured and killed were not compensated; neither were their families. As I speak, the company is under receivership. Therefore, it is timely that this matter is sorted out as quickly as possible. I want to confirm that having served in the Ministry of State for Defence, as recently as two years ago, there exists a life insurance

Thank you very much, Mr. Temporary Speaker, Sir, for the protection. Just for information of the Senator, I cannot give all the details, but I am also a family lawyer, I have records which I can give if the Senate demands. I have examples of families who have been robbed of their wealth after their bread winners died.

Mr. Temporary Speaker, Sir, education is key in any nation. Once the nation is well educated through their children and youth, we will be improving on the economy. There will be less poverty and even the population would be controlled because people are working hard, they are studying and acquiring properties and there is no free time to indulge in other things which give them more burdens. This is something which is possible.

Here, I speak as an advocate. The Law Society of Kenya (LSK) has such a fund. I am a life member of the Advocates Benevolent Fund. So, my children know that should I drop dead today, they will be educated up to university level. I also know that it is well supervised. Records are kept and accounts are given. What I would like the State to know is that it is a workable thing. It is the best gift that they can give to officers.

With those few remarks, I beg to support.

Hon. Senators, I think it would be prudent to dispose of the amendment so that we can continue with the main Motion.

Mr. Temporary Speaker, Sir, this Motion is important. It is something that should not even have taken too much time because it is obvious. It is asking for something that should be done after an obvious thing has happened. When somebody dies in service, obviously, he or she is supposed to be compensated. This is what we are trying to drive towards. We are trying to get the Government machinery to know that something obvious should not take a lot of time being discussed in a House like this one. However, the absence of that action is what is prompting Sen. Muthama to move this Motion, which I support.

Mr. Temporary Speaker, Sir, we talk of many things and this is something that exists in many countries. Most countries in the world which have state facilities like the United States of America (USA) and other Western countries, this fund is there. As soon as you die or have problems in the service, the Government comes in and takes the

Mr. Temporary Speaker, Sir, I want to join my colleagues in thanking the originator of the Motion, Sen. Muthama and Sen. Orengo who also added more value to the Motion. We, as a nation, have not been able to look at the up of the eye of the people of Kenya keenly. These are the officers who serve as security forces in this country. You know this is a wide area. It includes the police, the General Service Unit (GSU) , the Administration Police (AP) , the prison officers, the Kenya Defence Forces (KDF) et cetera. I do not know how the officers in the National Intelligence Service (NIS) are taken care of here. However, we have not done very well in looking after the families of our officers who die in the line of duty.

Those of us who come from the periphery of Kenya, near the border of Kenya and Uganda, see the miseries some of our officers stay in, in the process of keeping our

security at the border. If one of them dies, it is so painful that we quickly forget about them. Even when they are alive, we have tortured them as follows: That the houses some of them stay in, in the course of dispensing their services and protecting me, you and every other Kenyan, are deplorable. The only thing that is catered for fully is the uniform. It is only from the uniform that you will know that this is a serving police officer. If you come to Nairobi, for us to have peace at night, you should see the work they do. They patrol throughout the night while we sleep. Look at our roads during the rush hour. These officers have become the solution to the traffic mess in this country. It is a pity that we have not prepared for them when they die in the line of duty. We do not fully compensate their next of kin.

Mr. Temporary Speaker, Sir, it is in order that we really embrace this Motion and be able to improve it, so that we see how the Government can fully compensate an officer when he dies in line of duty. We need to salute our fallen heroes in the armed forces and other disciplined forces because they are the protectors of the people of Kenya. Those of us who have gone to Europe or America know how they value a fallen officer. They take care even of the graves where they are laid to rest. When our officers are killed in Kenya, nobody cares. If you recall the massacre that happened in Samburu in Suguta Valley where 42 officers were killed, nothing happened to fully compensate their next of kin. We read in the newspapers that some of the families whose bread winners were involved in the incident, the Government has forgotten them. How much does it cost to honour a profession that protects the integrity of the people of a nation? It just calls for a firm decision to say that we should go further to establish this fund. The families of those people want to also continue living decently like other Kenyans.

Mr. Temporary Speaker, Sir, I remember one young man who died in 2002 in West Pokot. This young man was called Benson Torus Lopong. To date even the little money that was supposed to be paid has not been paid. The parents have followed up the issue until they have given up. I have also followed up the issue. Normally, they would tell you that the issue has been taken up by the nearest office, which is Eldoret. When you go to Eldoret, they tell you that it has been referred back to Nakuru. When you go to Nakuru, you are told that it has come back to the headquarters here. What a pity that they were supposed to pay a pension for an officer, but they have not. We have difficulties in paying the pension of somebody who has gone, and yet we enjoyed their services when they were alive.

Mr. Temporary Speaker, Sir, the same case applies to people who have retired. It is so difficult that people do not want to even think about their retirement. It becomes a burden to come looking for that little money. If we can go ahead and establish this fund as proposed in this Motion, we will assure the children of our fallen heroes who will be left behind of a bright future. The children and their families will know that, at least, the services of their parents were valued when they were alive. We also know what happens today during recruitment into the security forces. There is corruption during the recruitment. Therefore, the families of those who end up being recruited put a lot of hope in them. So, whenever tragedy strikes, it becomes very painful.

Mr. Temporary Speaker, Sir, the insurance that we are thinking about here should even cater for their housing. If the officer dies, part of the funds can be used to build a

Mr. Karaba, unless you want to move an amendment to include teachers, you should stick to the Motion.

Mr. Temporary Speaker, Sir, quietly, we should sneak in teachers. I support.

Thank you, Mr. Temporary Speaker Sir. I stand to support this Motion as amended. I thank Sen. Muthama for the timely Motion. We are all aware that our armed forces; the police, army and all other rangers are in danger because of wildlife and many other risks. The guards who work in security firms are in constant danger because of the nature of their duty. All these people are exposed to things that would be minimal to others. We are talking about fatality here, but we should not also forget those who are maimed in the line of duty to a degree of disability.

It is a pity at times when we see officers who have been injured not being able to perform. They are forced to go home. Some of them refuse to go home, but hang around in the camps to get assistance from their colleagues. At times, their colleagues arrange

funds locally to assist them. What does that do to the moral of the unit that they serve? This does not only demoralize the family or the individual who has been maimed, but the whole force. There are also circumstances that officers operate in that make them break down because they are not accommodated well. They know that there is no adequate provision for their children in the event of death. Some break down mentally and permanently to a point that they cannot cater for their families. We have seen such cases of children visiting Members of Parliaments for assistance. We have had to do harambees to assist them. Surely, the Government, which they served, should take care of them.

There are also cases where officers have gone missing in action whether in Baragoi, Sierra Leone and so on. It is unfortunate that once such a situation arises, it takes a lot of time for the relatives, wives and children to receive compensation. In the Government, when a person goes missing, the first assumption is that the person is alive, for a certain period of time. For someone to be presumed to have died, it takes several years. Within that period, a child in class one would have gone up to class seven or eight and, perhaps, failed in his Kenya Certificate of Primary Education (KCPE) due to lack of parental care.

These are situations that should be considered in whatever scheme that may come. In combat, it is not only the strength of firearm that determines the outcome of the battle. It is not even the numbers; but more importantly, it is the team that is there. A person’s morale is boosted when he is sure that he knows that his nation is taking care of him and his family in the event of any eventualities. It appears that sometimes the criminals who include terrorists and armed robbers are ahead of the security agents. Sometimes when they go to jail they have a way of ensuring that their families are taken care of. The terrorists are assured from when they are being recruited that their families will be safe and yet these are the people who are supposed to face off with our security personnel. Our security agents should equally be morally armed through what we are proposing in this Motion.

Mr. Temporary Speaker, Sir, if we do not provide such incentives, in the event of an eventuality, we know that nature hates a vacuum. So, what normally happens is that our security officers will gang up and provide for themselves in the manner that we have seen. Unfortunately, they will do this through corruption, or even co-operating with the criminals because they have to cater for themselves and their families in the event of any eventuality in the way they think best. If we were able to provide for them, perhaps, corruption would be minimized.

When it comes to following up whatever payments are due to them, most widows are taken advantage of by brokers and sometimes members of their families who pretend to know how best to follow up the dues. At the end of the day, they do not even receive whatever dues they are owed because there is nobody to take care of them. I am thinking that in establishing this insurance policy, every department that is concerned should also have a liaison office specifically dedicated to follow up on pension matters, gratuity and even insurance matters on behalf of the fallen officers after they have gone until the last penny has been paid so that their families do not have to travel from upcountry all the way to Nairobi to be paid.

Thank you very much, Mr. Temporary Speaker, Sir, for the protection. Just for information of the Senator, I cannot give all the details, but I am also a family lawyer, I have records which I can give if the Senate demands. I have examples of families who have been robbed of their wealth after their bread winners died.

Mr. Temporary Speaker, Sir, education is key in any nation. Once the nation is well educated through their children and youth, we will be improving on the economy. There will be less poverty and even the population would be controlled because people are working hard, they are studying and acquiring properties and there is no free time to indulge in other things which give them more burdens. This is something which is possible.

Here, I speak as an advocate. The Law Society of Kenya (LSK) has such a fund. I am a life member of the Advocates Benevolent Fund. So, my children know that should I drop dead today, they will be educated up to university level. I also know that it is well supervised. Records are kept and accounts are given. What I would like the State to know is that it is a workable thing. It is the best gift that they can give to officers.

With those few remarks, I beg to support.

Mr. Temporary Speaker, Sir, I know for the Kenya Defence Forces (KDF) when it comes to criminal cases and so on, the military provides advocates or lawyers to defend the officers even when they are in Somalia and many other places. Why can we not do the same for their families?

With those few remarks, I beg to support.

Mr. Temporary Speaker, Sir, I also rise to support this Motion. When you look at the history of our disciplined forces, sometimes, we ask ourselves whether, indeed, we are willing to see them protect us or we are willing to engage them to know how to use the different ammunitions that they have in order to survive. I will give an example, when there was the issue of a haul of drugs in Mombasa and every police officer who had any link to the issue was assassinated. In one way or another, they were simply killed. There was a documentary that was aired on Citizen Television where the children were narrating their life stories and saying how they were suffering; without school fees and nobody willing to come near them because their fathers had died in the course of following drug barons in this country.

Sometimes you find that there is a lot of fear in Government because of the different people or gangs that we deal with. Therefore, we tend to shy away from dealing with such issues. This Motion is, therefore, addressing such scenarios. There was a case in 2007 of Administration Police (APs) officers that were on their way to South Nyanza and they were killed in the line of duty. They were going to protect the ballot boxes before the elections, but they were ambushed and killed. Nobody knows where their families are today and how they have survived. It has reached a point where as legislators we now need to ask ourselves how we can come up with a law not just for pension, because the pension law is there, but they suffer to come and look for it every month.

It also talks of compensation when death has appeared, where a lump sum is paid. This sometimes brings conflicts in the family which ends up not benefitting the children. Recently, there was a case of the late George Saitoti, Orwa Ojode and the two pilots. Today I do not know where their children are, if they are being taken care of or whether the pension due to them was paid. At that time, I looked at a small baby of one of the victims who was just one year at that time and I wonder whether they will get proper education. So, there are many things that come out.

Mr. Temporary Speaker, Sir, sometimes when we look at reality, we must accept that there are some things that we are doing wrong as a country. Therefore, if we want to have good disciplined forces, we must first take care of their welfare when they are alive and assure them of their families’ welfare in case they depart in the line of duty. Their families should feel proud the way the American families feel proud to be patriotic and fight for their country. This also depends on the individuals and the institutions that are there. At the end of the day, the President wants change. However, he has a troop of many people who have different ideas and thinking. Some are still in the old way of thinking where you do things in a slow manner; where they have to be begged to give services. When a pensioner is paid, he or she has to share it out with the payee and yet he or she has come all the way from, for example, Kakamega where some transport was used. This is a very sad culture.

Mr. Temporary Speaker, Sir, this Motion is important. It is something that should not even have taken too much time because it is obvious. It is asking for something that should be done after an obvious thing has happened. When somebody dies in service, obviously, he or she is supposed to be compensated. This is what we are trying to drive towards. We are trying to get the Government machinery to know that something obvious should not take a lot of time being discussed in a House like this one. However, the absence of that action is what is prompting Sen. Muthama to move this Motion, which I support.

Mr. Temporary Speaker, Sir, we talk of many things and this is something that exists in many countries. Most countries in the world which have state facilities like the United States of America (USA) and other Western countries, this fund is there. As soon as you die or have problems in the service, the Government comes in and takes the

Thank you, Mr. Temporary Speaker, Sir. I also rise to support this Motion which was moved by Sen. Muthama and thank him for bringing it.

Mr. Temporary Speaker, Sir, there is one thing that makes me happy about this Motion, that is, the establishment of an insurance scheme. This will make work easier.

We all know that people have had problems when following up compensation. They have visited several offices and undergone tedious processes going for their compensation. Once we have an insurance scheme in place, I believe that there will be a secretariat that will deal with this problem. I know that there will be proper management of files. It is shocking at times that when one is following his or her dues, at some point, they will be told that the file is missing. The moment we have a proper structure that will be managed by the right people, I believe that there will be a flow in the process. This will really help the widows or whoever is affected.

Mr. Temporary Speaker, Sir, I support this Motion very much because it will ease the process for those affected. I know that there will be adequate compensation through this process and it will be done in the quickest way possible.

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

Thank you, Mr. Temporary Speaker, Sir, for allowing me to contribute to this Motion.

First and foremost, I want us to remind ourselves that the Bible says: “Be your brother’s keeper.” Our disciplined forces are our keepers. We must also be their keepers to accomplish the word of the God. The indecent lives of the disciplined forces in this country begin the day that these ladies and gentlemen go out for recruitment. The exercises are so vigorous. After they have secured an opportunity, the training itself is so hard and harsh. I know that every Kenyan citizen works very hard in school or training. However, at the end of the day, they are able to enjoy the fruits of their labour. But for these officers, it is vice-versa. What they reap is working under indecent conditions.

Mr. Temporary Speaker, Sir, my colleague, Sen. Ndiema, reminded me of a sad story. I visited one of the prisons in Kenya in 2012 under the persons with disability movement. I was doing an audit to know how accessible the prisons and police posts are. I learnt that some of the officers, after acquiring disability during the line of duty, even if they are retained in their places of work, nothing is added. Nobody thinks about their additional special needs. We came across a police officer in one of the prisons using a potty in the house and the wife carries it to the toilet which is far. I wondered what kind of life that officer was living. The officers opened up after a lengthy discussion and told us what they were going through after acquiring a disability. They are deployed in the offices to do light duties, but without other things being catered for.

Mr. Temporary Speaker, Sir, I want to support this Motion strongly because the development in this country is protected by our disciplined officers. They make sure that theft is reduced and development is growing. The security that we enjoy is in their hands. It is so sad to see that these officers are exposed to a lot of risks and carry a lot of blame for anything that happens while they carry out their duties. For example, if they act, the blame is that they used extra judicial force. If they relax, people will ask where they were when something was happening. The human rights people are also on their shoulders. When they die while on duty, where are the human rights people to speak on behalf of this people who died while working for this country?

Let the truth come out that, indeed, the disciplined forces in this country live indecent lives. After they pass on, their families are exposed to a lot of injustices. The

Mr. Temporary Speaker, Sir, quietly, we should sneak in teachers. I support.

families use the little resource they have to pursue their benefits. It is like using the benefits long before they are paid.

Mr. Temporary Speaker, Sir, we need to have policies geared towards improving living standards in terms of reasonable accommodation for these officers. We also need to have improved salaries for them so that they can be motivated. As we do that, there are two things we need to do; one is having a policy or a law in place and, second, is implementation of the policies. In this country, we have so many laws, but the problem is implementation. We need to look into that issue. We need to enforce the existing laws to make sure that these officers get their benefits. Where we see that there is a gap, we need to make a law. For example, the one being suggested by Sen. Muthama the insurance, we need to have it in place and ensure that it is implemented.

Mr. Temporary Speaker, Sir, the disciplined forces retire as poor Kenyans simply because the salary they get is small and they live hand to mouth. If they are lucky enough to retire, they have nothing and they end up being miserable like somebody who never worked.

With those remarks, I want to strongly support this Motion.

Seeing that there is no other interested Member who wishes to contribute, I now call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I know for the Kenya Defence Forces (KDF) when it comes to criminal cases and so on, the military provides advocates or lawyers to defend the officers even when they are in Somalia and many other places. Why can we not do the same for their families?

With those few remarks, I beg to support.

what we are discussing here. This issue was not fulfilled by the Government that was in power and even the current one has not done so. One of the issues that was recommended by Ransley was a comprehensive medical insurance cover to take care of the health of officers and their families. So, it is not something new. I want the House to know that Ransley was not a Kenyan, but he could identify these problems.

The other issue was for the Government to make sure that there is compensation for the officers who die while serving this country. I just want to bring up a very devastating issue which was raised by my bodyguard when he read the Order Paper in the car yesterday. He turned to me and told that the bodyguards of the late Prof. George Saitoti were not compensated. Their families were paid absolutely nothing. The question we are asking is: Do these officers know how safe you and I are? We are guarded by the same officers who are aware that their colleagues have died. One officer who was guarding an Assistant Minister was not compensated. We are endangering our lives thinking that we are safe, while we are not.

Sen. Elachi has talked about the deaths in Tana River County. Baragoi was more painful and totally unacceptable. This was demonstrated very clearly by the Inspector General of Police. The officers who had been sent to Baragoi were young officers. They were fresh from college. They were sent to the ground and we all know what happened. These young officers had sent their children to schools. From there, they were hired by the Government which is the top employer in this country. When they died, that was the end of the story. We are sending a very strong message to the Government. Kenyans in this country have equal rights and that is what the Constitution says.

We, as leaders, can change that in this House. Once we walk out of this House, we should be respected. The respect will not come from the cars that we drive. No, it will not land on us because of the houses that we live in. It is not the lunches that we eat at the Intercontinental Hotel or Serena that will bring us respect. Our respect will be based on the services that we have given to Kenyans who cannot stand on this Floor and ask for their rights. I want to assure this House that if we pass this Motion, we will move forward and help Kenyans without appearing to be serving our own interests. That is what leadership means.

Kenya is not performing well when it comes to attending to the concerns of those who deserve to be taken care of. We tend to think about what the Office of the President is spending and what is available to the Ministers, elected Members of Parliament, Senators and Principal Secretaries. However, I want to quote what JM Kariuki said before he died. “This is a country of seven millionaires and seven million beggars.”

When you go to your home or wherever else you go, you depend on the security people. If you woke up at night and found the house burning, you would have to look for three keys; one to open the wooden door, another to open the steel door and another one to open the gate to allow your neighbours to come in and rescue you.

It is time to change. We have created this, but we can change it. If we can install confidence in these officers and take care of them, there would be peace, unity and protection of lives in this country.

I beg to move.

When you look at every police officer who has been killed by armed gangs or robbers, we have never been showed the other side of the story; that, indeed, they fought for the country. We are not shown even the KDF who are in Somalia fighting for the country. We do not even spare a day in a year to remember them. We do not remember or celebrate them even once a year. Catering for the education of the children will make them realize that, indeed, their father worked. They will feel like they are enjoying the fruits of the duties that he did for the country. We need to find ways of enforcing the culture of appreciating what others have done. This should not just stop at the burial, but go beyond.

In Kenya, after we bury someone, we are done with them. I was surprised to know that in Ghana, they even make posters when you have died to celebrate you. In our country, if you die in the line of duty, the only thing that they will do, which they did in Murang’a when we were burying the young girl who was a pilot, was the 21-gun salute. This does not even show that, indeed, we have celebrated their lives or even guaranteed the future of their families.

Mr. Temporary Speaker, Sir, I want to give another example of Tana River County. Young police officers were sent there during the conflict directly from college. Eight of them were butchered because they did not know the area. I remember that some of them were from Busia and their parents were affected. They wondered whether they did the right thing to allow them to join the forces, because they never even worked or received salary for one month. So, we need to look at the whole package for the security officers. We are even talking about the challenge of gayism and so on. These officers leave their wives in the rural areas and go to work. They end up living with other women and they end up killing one another.

How can we ensure that their families can have that dignity which the Constitution is very clear about? The late Michuki had started a very good programme to give these officers good housing. He knew that the moment we give them good shelter and allowances, they will start appreciating their work. But if we keep forcing them to work under difficult conditions, they will not perform well. For example, if we let our traffic officers stand and control traffic for the whole day, they will definitely engage in corruption and ask for money for them to survive.

Mr. Temporary Speaker, Sir, even as we do the vetting of the police officers, we need to ask ourselves whether we are doing it in the right way. Is the process becoming too personal, that some of the officers are jittery? Some of them are even resigning so that they do not undergo the vetting process, yet they have been in the force for many years and are experienced. They are resigning because they feel that their rights in terms of defending themselves and owning property are also being violated. This House has an opportunity to also look at that, so that we do not go so deep and hence, bring anger in the service. We know that this is a very sensitive service.

Mr. Temporary Speaker, Sir, I beg to support.

Thank you, Mr. Temporary Speaker, Sir. I also rise to support this Motion which was moved by Sen. Muthama and thank him for bringing it.

Mr. Temporary Speaker, Sir, there is one thing that makes me happy about this Motion, that is, the establishment of an insurance scheme. This will make work easier.

We all know that people have had problems when following up compensation. They have visited several offices and undergone tedious processes going for their compensation. Once we have an insurance scheme in place, I believe that there will be a secretariat that will deal with this problem. I know that there will be proper management of files. It is shocking at times that when one is following his or her dues, at some point, they will be told that the file is missing. The moment we have a proper structure that will be managed by the right people, I believe that there will be a flow in the process. This will really help the widows or whoever is affected.

Mr. Temporary Speaker, Sir, I support this Motion very much because it will ease the process for those affected. I know that there will be adequate compensation through this process and it will be done in the quickest way possible.

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

Thank you, Mr. Temporary Speaker, Sir, for allowing me to contribute to this Motion.

First and foremost, I want us to remind ourselves that the Bible says: “Be your brother’s keeper.” Our disciplined forces are our keepers. We must also be their keepers to accomplish the word of the God. The indecent lives of the disciplined forces in this country begin the day that these ladies and gentlemen go out for recruitment. The exercises are so vigorous. After they have secured an opportunity, the training itself is so hard and harsh. I know that every Kenyan citizen works very hard in school or training. However, at the end of the day, they are able to enjoy the fruits of their labour. But for these officers, it is vice-versa. What they reap is working under indecent conditions.

Mr. Temporary Speaker, Sir, my colleague, Sen. Ndiema, reminded me of a sad story. I visited one of the prisons in Kenya in 2012 under the persons with disability movement. I was doing an audit to know how accessible the prisons and police posts are. I learnt that some of the officers, after acquiring disability during the line of duty, even if they are retained in their places of work, nothing is added. Nobody thinks about their additional special needs. We came across a police officer in one of the prisons using a potty in the house and the wife carries it to the toilet which is far. I wondered what kind of life that officer was living. The officers opened up after a lengthy discussion and told us what they were going through after acquiring a disability. They are deployed in the offices to do light duties, but without other things being catered for.

Mr. Temporary Speaker, Sir, I want to support this Motion strongly because the development in this country is protected by our disciplined officers. They make sure that theft is reduced and development is growing. The security that we enjoy is in their hands. It is so sad to see that these officers are exposed to a lot of risks and carry a lot of blame for anything that happens while they carry out their duties. For example, if they act, the blame is that they used extra judicial force. If they relax, people will ask where they were when something was happening. The human rights people are also on their shoulders. When they die while on duty, where are the human rights people to speak on behalf of this people who died while working for this country?

Let the truth come out that, indeed, the disciplined forces in this country live indecent lives. After they pass on, their families are exposed to a lot of injustices. The

families use the little resource they have to pursue their benefits. It is like using the benefits long before they are paid.

Mr. Temporary Speaker, Sir, we need to have policies geared towards improving living standards in terms of reasonable accommodation for these officers. We also need to have improved salaries for them so that they can be motivated. As we do that, there are two things we need to do; one is having a policy or a law in place and, second, is implementation of the policies. In this country, we have so many laws, but the problem is implementation. We need to look into that issue. We need to enforce the existing laws to make sure that these officers get their benefits. Where we see that there is a gap, we need to make a law. For example, the one being suggested by Sen. Muthama the insurance, we need to have it in place and ensure that it is implemented.

Mr. Temporary Speaker, Sir, the disciplined forces retire as poor Kenyans simply because the salary they get is small and they live hand to mouth. If they are lucky enough to retire, they have nothing and they end up being miserable like somebody who never worked.

With those remarks, I want to strongly support this Motion.

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity to support a very human Motion. It shows that Sen. Muthama has a heart and he has thought about something that many of us had not thought about. I believe that all Senators in this House have bodyguards and guards at home. Some of them even have a relative in the disciplined forces. So, congratulations to Sen. Muthama.

When we look at most of these families, when the bread winner dies in the line of duty, they are all left languishing in poverty. This is because in our African socialization, most of the women remain in the village and the man goes to work. When the man dies and there are no benefits accorded to the woman, it is poverty that follows. Children do not go to proper schools; others die of malnutrition and things like that. If these families have an insurance policy or something to look forward to, they will be happy to see the man work out there knowing very well that in case something happens to the man, there is something to look forward to. We have other countries like New Hampshire in Rhode Island where they have a specific policy for a spouse of a police officer killed in the line of duty. I believe that if we can take this line, then people in this line can appreciate more and can do their jobs well knowing that if something happens while on duty, their families will be well taken care of.

With those few remarks, I beg to support.

Seeing that there is no other interested Member who wishes to contribute, I now call upon the Mover to reply.

Mr. Temporary Speaker, Sir, allow me to sincerely thank my colleagues who have contributed to this Motion. From what was captured on the Floor of this House, it is clear that there truly was need for this Motion. The Government has to take serious steps by making sure that issues which have been raised are met without delay. The illustrations that we have been given here, for example, we heard what Sen. Elachi say about what happened in Tana River County. We have also heard what was said by Sen. Wetangula, Sen. Orengo, Sen. Obure and Sen. (Dr.) Khalwale. When the Phillip Ransley task force was formed, it came up with several issues. One of them is

what we are discussing here. This issue was not fulfilled by the Government that was in power and even the current one has not done so. One of the issues that was recommended by Ransley was a comprehensive medical insurance cover to take care of the health of officers and their families. So, it is not something new. I want the House to know that Ransley was not a Kenyan, but he could identify these problems.

The other issue was for the Government to make sure that there is compensation for the officers who die while serving this country. I just want to bring up a very devastating issue which was raised by my bodyguard when he read the Order Paper in the car yesterday. He turned to me and told that the bodyguards of the late Prof. George Saitoti were not compensated. Their families were paid absolutely nothing. The question we are asking is: Do these officers know how safe you and I are? We are guarded by the same officers who are aware that their colleagues have died. One officer who was guarding an Assistant Minister was not compensated. We are endangering our lives thinking that we are safe, while we are not.

Sen. Elachi has talked about the deaths in Tana River County. Baragoi was more painful and totally unacceptable. This was demonstrated very clearly by the Inspector General of Police. The officers who had been sent to Baragoi were young officers. They were fresh from college. They were sent to the ground and we all know what happened. These young officers had sent their children to schools. From there, they were hired by the Government which is the top employer in this country. When they died, that was the end of the story. We are sending a very strong message to the Government. Kenyans in this country have equal rights and that is what the Constitution says.

We, as leaders, can change that in this House. Once we walk out of this House, we should be respected. The respect will not come from the cars that we drive. No, it will not land on us because of the houses that we live in. It is not the lunches that we eat at the Intercontinental Hotel or Serena that will bring us respect. Our respect will be based on the services that we have given to Kenyans who cannot stand on this Floor and ask for their rights. I want to assure this House that if we pass this Motion, we will move forward and help Kenyans without appearing to be serving our own interests. That is what leadership means.

Kenya is not performing well when it comes to attending to the concerns of those who deserve to be taken care of. We tend to think about what the Office of the President is spending and what is available to the Ministers, elected Members of Parliament, Senators and Principal Secretaries. However, I want to quote what JM Kariuki said before he died. “This is a country of seven millionaires and seven million beggars.”

When you go to your home or wherever else you go, you depend on the security people. If you woke up at night and found the house burning, you would have to look for three keys; one to open the wooden door, another to open the steel door and another one to open the gate to allow your neighbours to come in and rescue you.

It is time to change. We have created this, but we can change it. If we can install confidence in these officers and take care of them, there would be peace, unity and protection of lives in this country.

I beg to move.

Very well.

Hon. Senators, the remaining one minute will not be enough to prosecute the next Motion on the Order Paper. Therefore, it is now time to interrupt the business of the Senate. The Senate stands adjourned until tomorrow, Thursday, 13th March, 2014 at 2.30 pm.

The Senate rose at 6.29 p.m.