Wednesday, 16th February 2022

Yes, Sen. Khaniri.

Madam Deputy Speaker, I rise on a Point of Order pursuant to the provisions of our Standing Orders No. 35 and 36.

Standing Order No. 35 provides that a quorum of the Senate shall be 15 Members. Standing Order No. 36 gives me the opportunity to bring to your attention when we do not have that requisite number. So, I rise pursuant to the provision of Standing Order No.36 to bring to your attention that we have no quorum.

We have a lot of important Bills scheduled for this morning: The County E- Health Bill (Senate Bills No. 39 of 2021) , The County Resource Development Bill (Senate Bills No. 45 of 2021) amongst others which I think are very important Bills that would require the participation of Members of this House.

Madam Deputy Speaker, I do not think that we can proceed with only four Members seated in the Chamber. I do not know how many are online, but I can only see four in the Chamber, two on my side and two on the Majority side.

Thank you Madam Deputy Speaker.

Madam Deputy Speaker, mine is just a request that we ring the bell for some time before we declare so because as our Commissioner has stated, we have very important Bills in the Order Paper.

You are supporting the same sentiments based on Standing Order No. 36. Let the Clerk ascertain that we do not have numbers online because we are supposed to count those online and those present here.

Hon. Members, we have confirmed that we have 10 Members; we have six online and four in the House. We will proceed and ring the Bell for 10 minutes.

Report of the Auditor-General on the Financial Statement of Lamu County Bursary and Scholarship Fund for the year ended 30th June, 2019;

Report of the Auditor-General on the Financial Statement of Vihiga County Executive Car Loan and Mortgage Fund for the year ended 30th June, 2019;

Report of the Auditor-General on the Financial Statement of Vihiga County Assembly Car Loan and Mortgage Fund for the year ended 30th June, 2019;

Report of the Auditor-General on the Financial Statement of Vihiga County Education Fund for the year ended 30th June, 2019;

Report of the Auditor-General on the Financial Statement of Uasin Gishu County Enterprise Development Fund for the year ended 30th June, 2019;

Report of the Auditor-General on the Financial Statement of West Pokot County Assembly Staff Car Loan and Mortgage Fund for the year ended 30th June, 2019;

Report of the Auditor-General on the Financial Statement of Trans Nzoia County Executive Car Loan and Mortgage Scheme Fund for the year ended 30th June, 2019;

Report of the Auditor-General on the Financial Statement of Kiambu County Executive Staff Mortgage Scheme Fund for the year ended 30th June, 2019;

Report of the Auditor-General on the Financial Statement of Sibo Water and Sanitation Company Limited for the year ended 30th June, 2019;

Report of the Auditor-General on the Financial Statement of Kisumu Water and Sanitation Company Limited for the year ended 30th June, 2019;

Report of the Auditor-General on the Financial Statement of County Executive of Elgeyo-Marakwet for the year ended 30th June, 2020;

Report of the Auditor-General on the Financial Statement of County Assembly of Elgeyo-Marakwet for the year ended 30th June, 2020;

Report of the Auditor-General on the Financial Statement of County Assembly of Nandi for the year ended 30th June, 2020;

Report of the Auditor-General on the Financial Statement of County Executive of Mombasa for the year ended 30th June, 2020; and,

Report of the Auditor-General on the Financial Statement of County Assembly of Mombasa for the year ended 30th June, 2020.

Thank you, Madam Deputy Speaker. (Sen. Poghisio laid the documents on the Table)

Thank you, Senate Majority Leader. Next Order!

Hon. Senators, we have two Statements. The first Statement is by Sen. Halake. She is not here; neither is she online.

Thank you, Madam Deputy Speaker. I submitted a Statement pursuant to Standing Order No.47 (1) on the World Radio Day. I was told that it is being processed. I do not know whether it has been processed.

It has not yet been approved. Maybe it will appear in the afternoon.

Thank you, Madam Deputy Speaker.

Senators, as per guidelines from the House Business Committee, we do not have time to go back to Statements that have appeared. The Hon. Members are not here neither are they online.

So, the Statement pursuant to Standing Order No. 47 (1) by Sen. Halake is dropped. The Statement pursuant to Standing Order No. 48 (1) by Sen. Kasanga is dropped. Next Order!

This is an amendment of a Bill by Sen. Cheruiyot and Sen. (Dr.) Mwaura. Is any of them online? I do not see them in the House.

I am present, Madam Deputy Speaker.

Sen. (Dr.) Mwaura, are you online?

Yes, Madam Deputy Speaker.

Sen. (Dr.) Mwaura, go ahead. Please, can we have his face?

Thank you, Madam Deputy Speaker. I would like to---

Sorry, we cannot see your face yet. They are still working on the system. We want to see you because we also want you to be very clear.

Yes, we can now see you. You may now proceed.

Thank you, Madam Deputy Speaker. I beg to move that we read this Bill for the Second---

There is a Point of Order from Sen. Madzayo. Just hold on.

Thank you, Madam Deputy Speaker. I have a Point of Order on the fact that, my brother whom I respect so much, nominated Senator, Sen. (Dr.) Mwaura, is incidentally wearing a disco hat and something like a pajama.

Sen. (Dr.) Mwaura, we are not seeing you, we are seeing a picture. Can we reconfirm whether you are dressed properly?

Madam Deputy Speaker, I am dressed like this already.

Sen. (Dr.) Mwaura, what kind of hat are you wearing? We cannot hear you and we are wondering about the hat you are wearing. We are informed that it is a disco hat. Is that true?

Madam Deputy Speaker, this is not a disco hat. This is a hat that I have always won. I do not find it a disco hat in any way. It is just the normal godfather hat that I always wear.

Madam Deputy Speaker, I beg your indulgence that I proceed.

Sen. (Dr.) Mwaura, I think the problem is that we have never seen you in that dressing before. The hat is different. We want to give you 10 minutes to dress appropriately while we are doing other business. We will not drop your business. You will come back. We defer that for a while. Next Order! Second Reading

Sen. Kasanga, proceed. Are you online? We have confirmed she is not online. We go by what the Senate Business Committee directed. It is dropped. Next order.

(Bill dropped) Next Order. Second Reading

Sen. Pareno, are you online? Sen. Farhiya, do you have information on that?

Yes. Sen. Pareno called me in the morning. She thought her Bill would come in the afternoon. She even asked me to second. Let us indulge her. She did not know.

Okay, we defer that to afternoon. Next order. Second Reading

Sen. Nyamunga, proceed.

Thank you, Madam Deputy Speaker, for this opportunity to move this Bill. I beg to move that The County Resource Development Bill 2021 be read a second time.

This is a Bill that has taken a very long time, since when I was elected to this House as a Senator. It is something I had in mind even before we started business in this House. I believe that if you want effective and efficient development, it is very important for us as a nation to think outside the box. If we are going to rely on only one source of income, the process of development will take a long time.

We hope by God’s grace we get a good president, one who will concentrate on uniting this country into one. That was the intention of this country from day one. When we were fighting for independence, we fought against colonial rule so that we could put ourselves together as one nation and move the agenda of this country for the benefit of this country. If this election of 2022 gives us a president who will get rid of corruption and work on economic empowerment of this country, we will realize our second liberation which is the Constitution of Kenya, 2010.

The Constitution of Kenya, 2010 was our second liberation after the first liberation from the colonial government. Now we are at a point where we need to bring ourselves to the third liberation. Probably the last liberation for our people. This liberation is for economic empowerment and good governance. That is what we need as a country right now.

However, without proper organization of our county governments and relying only on one basket which is the National government, it will not take us places. We may not realize the development we need as a nation.

I will be referring to the introduction from time to time and hope that will not input that I am reading my moving of this Bill. The introduction of devolved system of government through the Constitution of Kenya, 2010 was not only a means of ensuring self-determination and participatory governance. It also means to ensure that the decentralized units of governments were able to determine the development agenda for the areas and the people they represent in order to ensure economic, social development throughout the country.

The idea of devolving governance to the county level was meant to bring not only governance to the people but also the resources. The moment we bring the resources to the people and it is utilized properly, is when we will realize the agenda for this country.

In this country, we are endowed with a lot of natural resources which will be found in almost every county and every geographical region of this country. If you look at the North Eastern, we have animal resources. At one stage I was involved in meat business and most of the meat that we got was coming from Moyale in North Eastern. We also have the camels in that area.

In the Coastal region we have coal. Turkana has oil. Muranga has the best source of water. If the natural resource there is nurtured properly, we will have enough to water the whole of Nairobi. The shortage of water in this city will be a thing in the past.

The Rift valley is our bread basket and we all know that. Former Central province is where our agriculture is housed. Western and whole of Nyanza we have land and lake where we can nurture the fish farming. We can also nurture the lake transport which by God’s grace is now being developed and has been lagging behind for years. Even if we go by the provincial administration that we had in the past, we have resources in every region.

The gist of this Bill is to make sure that any governor who is elected does not sit on his seat waiting for money from the National government. In my view, I believe that there should not be any money left at the National government except that meant to take care of our loans and infrastructure. This is because we need loans to do meaningful development and infrastructure. We have seen a lot of infrastructural development going on in this country. The rest of the money should be devolved to the counties and wards.

By doing that we will move from one point to the next. We will develop our country and get rid of poverty. The level of poverty and the disparity between the rich and the poor is sickening. It is sad that some people can have four or five meals in a day, while one part of the nation cannot even have a decent breakfast.

Madam Deputy Speaker, this happens because all of us want to rely on the national Government. What will happen if we experience another pandemic like COVID- 19 and the national Government is unable to collect enough taxes? If we continue this way, we will not have meaningful development.

Madam Deputy Speaker, when this country promulgated the Constitution 2010, its aspiration was that county governments do not simply act as conduits for delivery of public service to the residents of the counties. They should also pay active attention in

identifying, developing and sustainably exploit resources found within the areas of governance for the benefit of the residents. The idea of the county governments in the Constitution 2010, as agents of development, is supported by various Articles of the Constitution; Article 174(f), provides that-

“The objects of the devolution of government are to –

Sen. (Dr.) Musuruve proceed to second the Bill.

Thank you, Madam Deputy Speaker for giving me this opportunity. I begin by thanking Sen. Nyamunga for coming up with this Bill that is very straightforward. I wish it would have come much earlier when this Senate was being reconstituted. It is clear that the intent of Sen. Nyamunga is that counties should develop themselves, be independent and have reliable sources of income.

When we look at the tenet of this Bill, it is to ensure that there is proper identification, utilization and exploitation of resources in the county. We must be alive to the fact that in 2010 when Kenyans passed the Constitution to provide for devolution, it meant that every county government needed to be independent and have its own development goals which are sustainable. This Bill seeks to ensure that county resources are identified, utilized and managed appropriately.

It is a constitutional requirement that counties are supposed to generate their own money. So, revenue is core. It must be clear that counties are agents of developments. If counties do not spearhead development, then we will have failed as devolved units. There is need to ensure that counties are good agents of development to ensure service delivery to the common man.

Madam Deputy Speaker, there is a whole section in the Constitution that talks about the objects of devolution. The constitution desires that democracy is promoted in counties and people are able to exercise their powers. Article 174 (d) and (f) of the Constitution talk about promotion of socio-economic development in counties. This Bill comes in to ensure that Article 174 of the constitution is implemented. The devolved units and the objects of the devolved units are enshrined in law.

Equitable sharing of resources and counties developing is key for counties to manage themselves. There must be a way out of implementing what the Constitution states about county governments. What the Constitution says about the objects of the devolved counties is very straightforward. County governments have rich and powerful tools of reaching out to the common man, ensuring resources are delivered effectively and everyone benefits from the national cake. That is why county governments are there.

This Bill gives a definition of resources. The definition that is given in this Bill is important because it touches on factors of production which are core in development. It also defines resources as land, labour and capital. We cannot talk about development without these three things. Land is very important and as a factor of production, we can hardly do anything without it. We need it.

County Executives must scratch their heads and see what they can do with the land in the county to ensure it is productive and has sustainable development. Land is a key factor of production. There are many ways in which land can be utilized. For instance, land that is viable in counties can be used to construct houses which can then be mortgaged, sold out or can just be rented out by the county. That can be a sustainable way of earning an income.

County Executives should maximally utilize land in counties. This Bill states that it allows regional counties to pull their resources together and do development. Different counties can come up with a sustainable way of generating money. For example, they can start housing projects together and ensure money collected as rent is shared equitably between the two county governments. The Bill is clear on how this money can be shared.

The Bill allows for an agreement in a situation where county ‘a’ and county ‘b’ have decided that they are going to have a certain development together and that they are going to share the resources equitably. The Bill also states that if the counties have disagreements, there is a way in which disputes can be resolved in counties.

The term of the current county executives is coming to an end. I hope that the next county executives will explore the various ways of ensuring that they are utilizing the land that is in the counties to ensure that land is productive because land is a powerful factor of production.

Madam Deputy Speaker, there is an issue that has come out clearly about labour. People are gifted differently. We have some people who are good at carpentry or constructing houses in counties. It is not the person who bids to be a constructor that can make good houses. County Executives should look for a way of ensuring that the labour in the counties is utilized.

There are people who are skillful in the counties. Some people may have not gone to schools, but they are talented. For example, when you go to Kibera, you will find good architects and constructors who have not gone to school. They have earned their skills through experience and they build good houses. When educated contractors are awarded construction tenders, they do not do the work. The work is done by people who are hands on who you will be found in the counties.

Madam Deputy Speaker, fishermen may not have gone to school, but they have skills in fishing. County governments should identify such people give them jobs. This Bill will stop rural-urban migration. If they are managed properly, people will be busy and earn an income in their counties. People migrate to urban centres to eke a living.

Madam Deputy Speaker, we came up with a devolved system of government in order to arrest rural-urban in search of employment. Employment should be right in rural areas. That is why we talk about development. We have talked of land and labour. Let us exploit the labour in the rural areas to benefit our counties.

We talk about capital as an important resource. In revenue sharing, 35 per cent of the national revenue goes to the counties. County executives need to utilize this money productively and even generate income from it so that this money is ploughed back to counties.

There is need for county executives to be transparent in the manner in which they utilize the money that comes from the national Government. That money should be of

benefit to the youth, women and PWDs. I not deny that county executives do a good job awarding tenders to these groups, but they can do much more. With the devolved systems, everyone can see that transportation is now better in the counties.

Growing up, I remember walking many kilometres to my parents’ home because there was no means of transport. Roads were impassable. Sometimes you would wait four hours for a matatu fill up so that you begin the journey. People could not even afford the bus fare and so they would opt to walk.

Right now, roads are developed and we also have motorbikes. Transportation has improved because of devolution. We have to protect devolution and ensure continuous development in counties. That is the only way to implement Article 174 of the Constitution. If county executives put mechanisms in place, they will have sustainable development and revenue. With sustainable and predictable revenue, it means that development can also be predictable.

Madam Deputy Speaker, county executives need to identify the resources in their counties. One of the ways to do this is through research. With research, counties will be able to identify their niche and assess how much they would need to put in and how much they can make.

County executives also need to do an analysis of the requirements for development. Different counties have different requirements. Each county needs to find out what is required for them. If it is roads, then the roads should be made. If it is land, then land for development should be sought.

Once a county has identified a viable resource, they should do a smart assessment. I am talking about the kind of assessment that will enable them to explore and utilise the identified resources to benefit the common man.

Madam Deputy Speaker, I like this Bill because it clearly talks about public participation. County resources development need public participation, so that the public decides---

You have three minutes to finish up.

Thank you, Madam Deputy Speaker. County executives need to do public participation a give wananchi a chance to say where there is a lacuna or niche in a certain area. After that, the people need to see how the development will be of benefit to them. Any development should be beneficial to the common man.

The Big Four Agenda is all about manufacturing, Affordable housing, Healthcare and food security. This Bill seeks to ensure that all this is achieved in counties. If you are able to utilize the youth in the county, they will not have to go to cities looking for jobs. If we manufacture commodities in counties, then we will not have to import. We have to get out of that import syndrome. We have to harness and utilise what we have.

Madam Deputy Speaker, this Bill also talks about economic blocs. Different blocs can see what they have in common and leverage on their strengths. Once they do that, income will rise from the developments. The economic blocs can then come together and decide how to share. This Bill allows for that.

The Bill also provides a mechanism for resolving disputes that arise from agreements made my economic blocs. In this Bill, counties are also allowed to partner with the national Government and individuals. However, the Bill is also clear that 40 per cent of the income needs to go back to the counties.

This is about local content. I am happy that Sen. Moi came up with that. Any development must benefit the locals. This Bill ensures that locals benefit because 40 per cent of the income goes back to the counties. As the 40 per cent goes to counties, county executives need ensure they give employment to PWDs, women and the youth.

Madam Deputy Speaker, I wish to thank Hon. Mandago on this Floor. He has done a lot when it comes to issues of PWDs. The PWD themselves attest that he has prioritised their employment. He has a mechanism put in place to ensure that PWDs have employment.

County executives need to be sensitive and award viable tenders and jobs to PWDs. I have said many times on this Floor that PWDs only lack the opportunity to showcase their potential. I hope that many other county executives will benchmark from Hon. Mandago and on board PWDs so that they can take part in development of counties and the country at large. In the same breadth, I also thank Safaricom Ltd for also employing PWDs. This company gives PWDs honourable jobs.

I commend Sen. Nyamunga for coming up with such a noble Bill. I know and believe that my fellow Senators will also support it, so that it sees light at the end of the tunnel.

I second.

Thank you, Senators.

Thank you, Madam Deputy Speaker, for giving me this opportunity. I wish to urge the people of Kisumu County that if Sen. Nyamunga needs any political position, she should be rewarded. This Bill is a game changer.

As a society, if we cannot recognize people who do exemplary work, we should be ready to receive mediocre services from people who are not ready to work for their people.

Devolution is young. It is only 10 years old now. Unless we get it right from the beginning, it will not reach the level that the framers of the Constitution had anticipated.

Devolution is a game changer. In counties such as where I come from, before devolution we used to say we were going to Kenya. As a result of devolution, despite its pitfalls because it still has a lot of challenges, right now people of northern Kenya feel like they are part of this country.

Anybody such as Sen. Nyamunga who is willing to support enhance devolution needs to be supported from where she comes from. I urge the people of County of Kisumu to elect Sen. Nyamunga as their Senator. Imagine Sen. Nyamunga as the Senator of County of Kisumu and “Baba” as the fifth president. How phenomenon will devolution grow in this country? I think most Kenyans know the answer to that question

Madam Deputy Speaker, Rt. (Hon.) Raila Odinga is known as the father of devolution because he fronted the clamour for the new Constitution and by the grace of God he has succeeded. It can only get better if we elect him as the President. The people of the County of Kisumu should favourably consider Sen. Nyamunga since she can do all this work.

This is not the only Bill she has done that increases resources for counties I sit in the Committee on Finance and Budget and I know she has done several Bills that enhance revenue collection for counties. She is just a nominated Senator. Imagine if the people of Kisumu elect her. It can only get better, not only for the County of Kisumu, but for this country.

In terms of the resource requirement and for continuation of devolution we need to have a level of sustainability. That means resources must be generated by counties. We can no longer rely on national Government for resources. This Bill will enhance capacity of county governments to generate more resources for themselves.

Kenyans expect too much and that amuses me. Kenyans expect roads, hospitals, service delivery, their lives to be more comfortable, we eradicate poverty and a lot of things. However, they do not want to pay taxes or the Government to borrow. Which kind of economic model this Government needs to use that does not require citizens to pay taxes and the same Government to borrow yet provide all those services accordingly. That is one of the interesting things about Kenyan economic politics.

You either have to be ready to pay taxes or ready to borrow. If you borrow and are not ready to pay taxes, then you lose all strategic resources. How else will this Government get money to do the many things?

Sen. Madzayo, you know how to ask for a point of order. How come I do not see you on the interventions column? Let us give him the microphone.

Sen. Madzayo: Bi. Naibu Spika, tumekuwa tukijadiliana pale chini na sikutaka kumkatiza Sen. Farhiya lakini sijui kama ni mazingaombwe ama ni sayansi ama ni kitu gani kinaendelea ndani ya hili Bunge la Seneti. Kuna taa moja linazunguka mataa mengine yote hayazunguki na hatujui sababu yake.

Inaweza kuwa hatari kwetu sisi hapa ndani na kama kuna mtu anaweza kutufafanulia ni kwa nini taa moja lina zungukazunguka. zingine zote zimetulia na moja inatangatanga.

(Kicheko) Ama kama sivyo tutoke basi maanake hii ni hatari. The Deputy Speaker (Sen. (Prof) Kamar) : Asante sana Sen. Madzayo. Nimejulishwa ya kwamba kuna hewa inazungusha hiyo taa. Usiogope. Hakuna hatari hapa. Kuna hewa inatoka kushoto ikienda kulia na ndiyo inazungusha hiyo taa moja.

Sen. Farhiya, endelea.

Thank you, Madam Deputy Speaker. What is so interesting in terms of this Bill is the regional blocs suggested by Sen. Nyamunga. Regional blocs already exist, but right now there is no legal framework. If you do not have a legal framework you do not have a basis to sue or to be sued as a regional bloc. If there is a legal framework, then they conduct their business knowing that they have what it takes to ensure that it functions well as anticipated by the Bill.

As a result of regional blocs in this Bill, there is going to be an interesting economic activity that can take place. Each region can invest more money in what they are good at. That means there is synergy among the different counties. In addition, there will be market for the products as a result of specialisation.

Once this Bill comes to actualisation, the Ministry of Industralisation Trade and Cooperation needs to do a lot of work in finding markets for these interesting projects that will come as a result of these regional blocs.

We have a regional bloc whereby even the county of Turkana is part. This is not as a result of our neighborliness, but our livelihood in terms livestock and arid and semi- arid region. We have unique challenges as results of those counties that are arid and semi- arid. There are 10 counties in that regional bloc and are able to negotiate with donors in terms of doing some interesting projects.

As a result of this Bill, actualisation of Agenda Four of our President and the Jubilee Government will be realised and industralisation will be possible with these regional blocs.

The Bill is not only formulating ability to have regional blocks and others. It also creates a favorable environment in terms of actualization of this Bill.

One of it is promotion of good governance and accountability in development and exploitation of natural resources. That is important because unless you put systems that support good governance in place, then we can only talk about laws that are there but will never benefit the common mwananchi.

The governors who are there are on their way out. Therefore, I urge Kenyans to elect governors who will actualize this Bill and make sure the lives of their citizens are much better than they found it.

There is need to promote sustainable development in exploiting of natural resources. The Bill also encourages public participation, transparency, availability of timely services, and reliable information. This is because unless you have reliable information, there is no way the citizen will know what is going on in order for this Bill to be successful in ensuring that counties develop.

This Bill also recommends that if there is a natural resource within a county, 45 per cent of the profits that accrues from it should go to that county.

Nairobi County needs to be worried if this Bill goes through. This is because the water that is used in Nairobi comes from Murang’a County. Therefore, Nairobi City County should be ready to pay 45 per cent of the profit to Murang’a County. That is just food for thought.

The other thing is in terms of regulation. I have noticed that the Bill provides for regulation for counties to give according to the Public Finance and Management Act. However, it does not compel them to have regulation by what date after this Bill is

passed. If I missed it, Sen. Nyamunga will correct me. This is important because unless there are regulations to actualize the Bill, it can never cover everything. We need the regulation to ensure there are penalties and an amount to pay if you do not meet the requirements. It covers a lot of ground compared to the Bill itself.

I, therefore, urge Sen. Nyamunga to include an amendment to give a deadline. This should come under the National Treasury and Planning. They need to prepare the regulation. I recommend that it be after six months of this Bill being signed into law.

The other thing that I like in this Bill is that as much as most Bills provide a legal framework, this one further provides a basic agreement between people who are in regional economic blocks. What this does is that, if somebody wants to go to a regional block, instead of looking for some information in terms of developing an agreement, they have a high standard agreement, where everybody follows. However, if there are additional things that they require, they can also include it. At least, a skeleton framework of what needs to happen in that agreement is provided.

Madam Deputy Speaker, this is a good Bill. I urge my colleagues to support it. We can debate and do all these beautiful Bills, but unless we have 24 delegations to pass this, then all we are doing is telling bedtime stories.

Many Senators, for example, Sen. Nyamunga, who has developed so many Bills, will go home with no Bills to their names.

I urge my colleagues to come to the Senate especially today afternoon and we vote on most of these Bills which are in Second Reading Stage and finish with Third Readings, so that we can ask our sister house to fast truck.

I beg to support.

Thank you, Madam Deputy Speaker. What is so interesting in terms of this Bill is the regional blocs suggested by Sen. Nyamunga. Regional blocs already exist, but right now there is no legal framework. If you do not have a legal framework you do not have a basis to sue or to be sued as a regional bloc. If there is a legal framework, then they conduct their business knowing that they have what it takes to ensure that it functions well as anticipated by the Bill.

As a result of regional blocs in this Bill, there is going to be an interesting economic activity that can take place. Each region can invest more money in what they are good at. That means there is synergy among the different counties. In addition, there will be market for the products as a result of specialisation.

Once this Bill comes to actualisation, the Ministry of Industralisation Trade and Cooperation needs to do a lot of work in finding markets for these interesting projects that will come as a result of these regional blocs.

We have a regional bloc whereby even the county of Turkana is part. This is not as a result of our neighborliness, but our livelihood in terms livestock and arid and semi- arid region. We have unique challenges as results of those counties that are arid and semi- arid. There are 10 counties in that regional bloc and are able to negotiate with donors in terms of doing some interesting projects.

As a result of this Bill, actualisation of Agenda Four of our President and the Jubilee Government will be realised and industralisation will be possible with these regional blocs.

The Bill is not only formulating ability to have regional blocks and others. It also creates a favorable environment in terms of actualization of this Bill.

One of it is promotion of good governance and accountability in development and exploitation of natural resources. That is important because unless you put systems that support good governance in place, then we can only talk about laws that are there but will never benefit the common mwananchi.

The governors who are there are on their way out. Therefore, I urge Kenyans to elect governors who will actualize this Bill and make sure the lives of their citizens are much better than they found it.

There is need to promote sustainable development in exploiting of natural resources. The Bill also encourages public participation, transparency, availability of timely services, and reliable information. This is because unless you have reliable information, there is no way the citizen will know what is going on in order for this Bill to be successful in ensuring that counties develop.

This Bill also recommends that if there is a natural resource within a county, 45 per cent of the profits that accrues from it should go to that county.

Nairobi County needs to be worried if this Bill goes through. This is because the water that is used in Nairobi comes from Murang’a County. Therefore, Nairobi City County should be ready to pay 45 per cent of the profit to Murang’a County. That is just food for thought.

The other thing is in terms of regulation. I have noticed that the Bill provides for regulation for counties to give according to the Public Finance and Management Act. However, it does not compel them to have regulation by what date after this Bill is

passed. If I missed it, Sen. Nyamunga will correct me. This is important because unless there are regulations to actualize the Bill, it can never cover everything. We need the regulation to ensure there are penalties and an amount to pay if you do not meet the requirements. It covers a lot of ground compared to the Bill itself.

I, therefore, urge Sen. Nyamunga to include an amendment to give a deadline. This should come under the National Treasury and Planning. They need to prepare the regulation. I recommend that it be after six months of this Bill being signed into law.

The other thing that I like in this Bill is that as much as most Bills provide a legal framework, this one further provides a basic agreement between people who are in regional economic blocks. What this does is that, if somebody wants to go to a regional block, instead of looking for some information in terms of developing an agreement, they have a high standard agreement, where everybody follows. However, if there are additional things that they require, they can also include it. At least, a skeleton framework of what needs to happen in that agreement is provided.

Madam Deputy Speaker, this is a good Bill. I urge my colleagues to support it. We can debate and do all these beautiful Bills, but unless we have 24 delegations to pass this, then all we are doing is telling bedtime stories.

Many Senators, for example, Sen. Nyamunga, who has developed so many Bills, will go home with no Bills to their names.

I urge my colleagues to come to the Senate especially today afternoon and we vote on most of these Bills which are in Second Reading Stage and finish with Third Readings, so that we can ask our sister house to fast truck.

I beg to support.

Thank you Senator. Proceed, Sen. Omogeni.

Thank you, Madam Deputy Speaker. I begin by congratulating Sen. Nyamunga, for coming up with this very good proposal on this Bill, which she has named The County Resource Development Bill (Senate Bills No. 45 of 2021) .

It is good to have Senators in the House who have gone to school properly. That is why I have issues with proposals that advocate for qualifications of Members of Parliament (MPs) to secondary school and not degree. Looking at this Bill, I have no doubt that the main intention is to advance the lives and wellbeing of the people we represent.

I want to begin by congratulating and thanking Sen. Nyamunga for the brain and effort that has gone into the preparation of this Bill. I encourage her that big things that are transformative begin with ideas just like what she has placed before the Senate this morning.

If you travel around the world to look at history, this is how big establishments began. By coming together, countries share ideas and form big economic blocs. Even the Airbus started as an idea that was introduced by the French and shared to West Germany and later on the United Kingdom (UK) joined in 1967.

Now they are the leading manufacturers of planes. They are ahead of even the Boeing. The idea of encouraging counties to form economic blocs is the way. That is the only way we will form economic entities that will be transformative for our people.

I want to appeal to our governors to know that when we put devolution in our 2010 Constitution, the main intention was to transform the lives of the people we represent economically and socially. If we do not change the lives of people that live in the counties, then the dream of our 2010 Constitution will die in the face of Kenyans.

We are charting a way forward that will help us form some economic bases and powerhouses in the counties that will come together. In 1933, in the United States of America (USA) when President Franklin Roosevelt took over power, America was in a serious economic recession. In fact, we have never reached the state that America was in

Thank you, Sen. Omogeni. Sen. Madzayo, proceed.

Jumuia ya Kaunti za Pwani, ikiwa wanaweza kushirikiana vizuri na tukiwa tunaweza kuwa na bandari ambayo asilimia fulani inatolewa na kupewa kaunti za Pwani, maendeleo fulani inaweza kupatikana.

Bi. Naibu Spika, tunaelewa kwamba Bandari ya Dubai inasifika sana ulimwenguni. Watu wa Dubai wanashirikiana kama Emirates.

Pili, kaunti ambazo ziko pamoja zinafaa kushirikiana ili tuweze kufanikiwa kama Wakenya.

Jumuia ya Kaunti za Pwani, ikiwa wanaweza kushirikiana vizuri na tukiwa tunaweza kuwa na bandari ambayo asilimia fulani inatolewa na kupewa kaunti za Pwani, maendeleo fulani inaweza kupatikana.

Bi. Naibu Spika, tunaelewa kwamba Bandari ya Dubai inasifika sana ulimwenguni. Watu wa Dubai wanashirikiana kama Emirates.

Pili, kaunti ambazo ziko pamoja zinafaa kushirikiana ili tuweze kufanikiwa kama Wakenya.

Let us now listen to Sen. Faki.

haina haja ya kulipisha kodi. Kama Kwale imeweza kulipisha kodi, Mombasa haina haja ya kulipisha kodi ili wananchi waweze kupata bidhaa kwa urahisi na bei nafuu.

Tunasema regional economic blocs, yaani jumuiya za kaunti zinaweza kusaidia pia pakubwa kuweza kuimarisha raslimali ambazo ziko katika maeneo mawili tofauti. Kwa mfano, machimbo ya titanium ina hayo madini ambayo yanachimbwa na kupelekwa soko la nje. Katika maeneo fulani kule Kilifi kuna madini ya titanium ambayo hayajachimbwa. Kutumia ukaribu wa Kilifi na Mombasa utaweza kusaidia pakubwa kuimarisha biashara ya uchimbaji wa madini katika eneo la Kilifi wakati hayo machimbo yatamaliza madini yao.

Bi. Naibu Spika, hizi jumuiya za kaunti zitasaidia kuleta maendeleo karibu kwa mambo yatasaidia kaunti zote mbili. La mwisho ni kwamba, kuna maeneo ambayo yana comparative advantage, yaani wana nafasi nzuri. Kwa mfano, Mombasa ambayo ni jiji la bahari na ina bandari ya kimataifa lina nafasi nzuri ya kuleta wafanyi biashara kuliko maeneo mengine ambayo hayana raslimali au mawasiliano kama vile Kaunti ya Mombasa.

Kaunti zote zikiungana pamoja kama jumuiya ya kaunti, kwa mfano Mombasa itapata nafasi kubwa ya kujiimarisha kiuchumi. Miji mingi ambayo ina bandari inaimarika kwa sababu ya biashara ya bandari kwa mfano Rotterdam ilioko Uholanzi wameweza kuimarika kwa sababu ya biashara ya bandari katika eneo hilo. Lakini kwetu, biashara ya bandari iliondolewa ikapelekwa Naivasha dry port ili kuimarisha usafiri wa Standard Gauge Railway (SGR).

Hii ilikua ni makosa makubwa kwa sababu ile comparative advantage ambayo bandari ya Mombasa ilikua nayo, kuweza kuleta wafanyibiashara kutoka maeneo yote na kuleta mali kutoka sehemu zote, imepungua sasa na utapata biashara zimefungwa hivyo kuathiri kodi ambayo Mombasa ilikua inapokea kutokana na wafanyi biashara walioko pale.

Bi. Naibu Spika, nikimalizia, nilimsikia Sen. Farhiya akizungumzia maswali ya kanuni; yaani regulations. The Cabinet Secretary in consultation with the Council of Governors may make regulations giving effect to the provisions of this Act.

Nafikiri hii ni standard provision ambayo inapatikana katika sheria nyingi zinazopitishwa. Mimi naunga mkono sheria hii na itasaidia pakubwa kuimarisha rasilimali zetu za kaunti. Hii sheria ikitumika kikamilifu, hatuna haja ya kungoja kupewa wheelbarrow. Kama kaunti hatuna haja ya kuja kupewa ruzuku ndogo.

Bi. Naibu Spika, tumepitisha mfumo mpya wa elimu wa Competency Based Curriculum (CBC) ambayo watoto wengi wamesonga mbele. Wengi wao wanatumia vipakatalishi au tablets katika masomo yao.

Kwa mfano, kaunti zote za Pwani zina shida kubwa ya maji. Mombasa inapata maji yake kutoka Mzima Springs ambayo iko karibu kilomita 200 kutoka Kaunti ya Mombasa. Maji mengine yanatoka Baricho ambayo pia ni karibu kilomita 200 kutoka Kaunti ya Mombasa. Baricho iko katika Kaunti ya Kilifi.

Bi. Naibu Spika, ukiangalia Kwale, pia wana shida ya maji. Mombasa, Kilifi, Tana River na Lamu wana shida ya maji. Lakini hatujaweza kuthibiti hii rasilimali ya maji ya Mzima Springs ili kuona kwamba tuna peleka maji maeneo yote katika Kaunti hizi za Pwani. Uzembe wetu ama kulala kwetu, bado tunatarajia Serikali Kuu iweze kutusaidia kuweza kuimarisha rasilimali hii ambayo ni muhimu sana katika maisha ya binadamu.

Jambo lingine ambalo pia linatukwaza kule Pwani ni uchumi samawati yaani blue economy ambayo sasa ndio eneo jipya la kuimarisha uchumi, pia inatupiga chenga. Tukiangalia, tuna ufuo wa bahari kutoka Vanga, nyumbani kwa Mhe. Boy, mpaka Kiunga, upande wa kaskazini katika eneo la Lamu. Utapata ya kwamba ijapokuwa tuna bahari hatuna usafiri wa bahari, kwa mfano kutoka Lamu kwenda mpaka Kwale. Kuna usafiri wa kutoka Shimoni kwenda mpaka kisiwa cha Pemba na Zanzibar. Lakini sisi katika Kenya hatuna usafiri wa kutoka Shimoni mpaka Mombasa ama Kilifi mpaka Mombasa ama Mombasa mpaka Lamu ili kuhakikisha kwamba wananchi wetu wanapata usafiri wa njia rahisi ambao uko salama.

Safari ya Lamu inafanywa zaidi ya magari ambapo tumeona ya kwamba siku za karibuni kumekuwa na visa vingi vya majambazi kuvamia mabasi na kupiga watu risasi kiholela. Huu uchumi samawati ni eneo zuri ambalo sisi kama kaunti za Pwani tumeweza kusimamia kuhakikisha kwamba tunapata usafiri na bidhaa za bahari kwa urahisi, tunaweza pia kupata watalii kuja maeneo yetu mpaka maswala ya kawi kutokana na upepo wa bahari inaweza kupatikana kutokana na rasilimali hii ya bahari.

Bi. Naibu Spika, sisi katika kaunti za Pwani tuna nafasi kubwa ya kuweza kutumia sheria hii itakapopitishwa kuhakikisha ya kwamba kaunti zetu zinafaidika na rasimimali ambazo ziko. Jambo lingine la kusikitisha ni kwamba kaunti zenyewe zinatoza ushuru bidhaa ambazo zinatoka kaunti moja kwenda kaunti nyingine. Kwa mfano, Mombasa inatumia zaidi mawe ya kujenga manyumba kutokana na mawe ya coral ambayo yanatoka Kilifi. Kwa hivyo, jiwe lile likitolewa Kilifi, limetozwa kodi na likiingia Mombasa pia linatozwa kodi. Mpaka juzi mahakama ikasitisha kodi ambayo inalipishwa na kaunti ya Mombasa kwa bidhaa kama hizo.

Tunaona kwamba bidhaa zetu zinakuwa ghali na mara nyingi tunadidimiza wananchi wetu katika maeneo yale. Kwa mfano, jiwe likitoka Kilifi likifika Mombasa, linalipishwa Kshs60 lakini jiwe likitumiwa Kilifi, halilipishwi zaidi ya Kshs40.

Kwa hivyo, tunaona kwamba hizi kodi ambazo zinalipishwa katika kila kaunti kwa mfano rasilimali ama bidhaa ya samaki imetoka Lamu inakuja Mombasa; italipishwa ushuru Lamu, ilipishwe ushuru Kilifi na ilipishwe ushuru Mombasa. Maeneo matatu yanalipisha ushuru na yote hii inakuja kuwa mzigo kwa yule mwananchi ambaye anakaa kaunti ile ambaye ndiye atakuwa mtu wa mwisho kutumia bidhaa ile.

Hizi regional economic blocks zitasaidia pakubwa kuwanisha kodi ambazo zinalipishwa katika kaunti zile. Ili kama kwa mfano Kilifi wamelipisha kodi, Mombasa

Madam Deputy Speaker, it is a point of information. What I was considering was the timelines that by either six months or within one year. When you do not give deadlines in terms of regulations, people have their own time of doing things. Therefore, within the Bill, we must give timelines. That is what I meant.

Thank you, Madam Deputy Speaker.

On a point of order, Madam Deputy Speaker.

I see a point of order from Sen. Farhiya.

Madam Deputy Speaker, it is a point of information. What I was considering was the timelines that by either six months or within one year. When you do not give deadlines in terms of regulations, people have their own time of doing things. Therefore, within the Bill, we must give timelines. That is what I meant.

Thank you, Madam Deputy Speaker.

Thank you Senator.

Bi. Naibu Spika, mimi na Sen. Farhiya tuko katika Kamati ya Sheria ya Seneti. Hivi majuzi tulikua tunaangalia kanuni ambazo zimeletwa za irrigation. Sheria ya irrigation ilipitishwa kutoka mwaka wa 2016 au 2017, na hivi sasa ndio tunamaliza kupitisha regulations zao. Kwa hivyo, si makosa.

Hata tukiweka kwa sheria kwamba lazima walete regulations kwa muda wa miezi sita, haitawezekana, kwa sababu, lazima wazingatie maswala ya public participation, kuzichambua zile regulations mpaka tuone ziko sawa na mambo ya mashauriano baina ya ofisi ya mkuu wa sheria na wizara yote inachukua muda kiasi ambapo haiwezekani kufanya hivyo kwa miezi sita. Lakini ni swala ambalo linaweza kuwekwa katika sheria hiyo.

Bi. Naibu Spika, nilikua nazungumzia CBC ambapo tunajaribu kuwapa watoto wetu vipakatalishi na laptops pia. Hatuwezi kuwa tunawapeleka katika teknolojia halafu huku nyuma tunawaregesha kwenye analogue ya kusukuma wheelbarrow na kufanya mambo kienyeji.

Kwa hivyo, njia peke yake ya kuhakikisha kwamba kaunti zetu zinasonga mbele ni ---

Namaliza Bi. Naibu Spika.

Order! Please, take your seat. Sen. Faki, you will have five minutes to wind up when we come back.

Hon. Senators, it is now 12.30 p.m., time to adjourn the House. The Senate, therefore, stands adjourned until today, Wednesday, 16th February, 2022, at 2.30 p.m.

The Senate rose at 12.31 p.m.