September 16th , 2015 SENATE DEBATES

Wednesday, 16th September, 2015

Hon. Senators, I have a number of communications to make today.

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

What is it, Sen. Obure?

Mr. Speaker, Sir, thank you for welcoming members of the Kisii County Assembly who are on a benchmarking visit to the Senate. I am particularly grateful to the staff of the Senate for preparing an elaborate programme which will enable them familiarize themselves with the activities and workings of the Senate. It will also

September 16th , 2015 SENATE DEBATES

Mr. Speaker, Sir, I want to join Sen. Obure and Sen. Wetangula, the Senate Majority Leader for welcoming and---

We are the majority.

Order, Senator! Majority is not a matter of personal opinion.

Mr. Speaker, Sir, I want to join them in welcoming the delegation that is visiting the Senate this afternoon. I also thank the delegation of councilors. I once worked under councilors and they did a good job.

As I join other Senators in welcoming the delegation, I wish them a fruitful and safe stay in Nairobi. I know that they are going to learn something that will add value and promote devolution.

Thank you.

On a point of order, Mr. Speaker, Sir. Sen. Omondi is trying to insinuate that my friend, Sen. Wetangula, has said something about Bungoma, when he has not even said anything. Is she in order?

Order, Senator! Proceed,

Mr. Speaker, Sir, for the benefit of the distinguished Senator for Kirinyaga, Sen. Godliver has the ability and capacity to foresee what is coming and appreciate in advance. It is called prior appreciation.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to make my remarks. Like other Senators, I also want to congratulate your office in setting

September 16th , 2015 SENATE DEBATES

Thank you, Mr. Speaker, Sir, for giving me this opportunity to appreciate the Members who have come to join us. On behalf of the Committee of Implementation, I want to welcome the Implementation Committee on Bungoma County for seeing it important to come and benchmark with the Senate. This morning we had a session with them. This was a follow up of the good deliberations we had with them in March this year when we visited their county assembly. I want to take this opportunity to welcome them once more to Nairobi, particularly to the Senate. I believe we shall have more to discuss with them.

Thank you, Mr. Speaker, Sir, for giving me the opportunity to join you in welcoming this delegation. From the negative audit reports that we are receiving from the counties, we are more convinced now that the success of devolution will depend on the ability and commitment of the county assemblies to oversight and legislate on matters relating to counties.

Mhe. Spika, kwa heshima na taadhima kuu, sisi ndani ya Bunge hili tumefurahi kuwakaribisha wenzetu kutoka mashinani. Kuna mengi wanaweza kujifunza hapa. Badala ya kuzuru nchi za nje kujifunza, ni heri wajifundishe hapa nyumbani. Tumefurahia kwa sababu wamekuja kwa wingi.

Mimi nikitambua kuweko kwenu hapa, sina furaha sana kwa Bunge langu la Migori ambalo badala ya kuja hapa, wameamua kuenda Dubai kukusanya taka. Tumeelezwa vile watatumia Kshs6 milioni kiholelaholela. Si jambo la kufurahia kwa sababu wananchi wanamulika kazi zenu. Leo mtapata wasifu nchi nzima kuona kwamba nyinyi mmekuwa wazalendo wakuu kufika hapa kuja nyinyi kujionea wenyewe mambo yanavyoendelea katika Bunge hili la Seneti.

Karibuni na mjihisi nyumbani.

Mr. Speaker, Sir, I join my colleagues in appreciating the visit by the respective County Assemblies. As we are all aware, the Committee chaired by Sen, (Dr.) Khalwale dealing with counties’ accounts looks very interesting. This is the right time we encourage county visitations to Senate and National Assembly to benchmark and see how accounts are handled in order to be able to stop some of the malpractices we saw recently.

Lastly, we have a special group of visitors today. The Forum for former Councilors who served Kenya so diligently to the extent that we now have a new dispensation called devolution. They are here because of their Petition. It is great that

September 16th , 2015 SENATE DEBATES

Thank you, Mr. Speaker, Sir. I am sorry to come in late, but while at the Bar, I had your communication on the World Trade Organization Conference that is about to happen in this country. I thought I should draw the attention of the Chair to the fact that Senators have truly humbled themselves in the interest of the economy of their country because World Trade Organization holding such an important function here will bring in a lot of foreign exchange.

Mr. Speaker, Sir, because of the way the Senators have humbled themselves, I want to appeal to the President of the Republic to also consider that the Executive humbles itself. It is only last week when another conference that was meant to draw into the country 37 heads of States collapsed. It is sad the Government found billions of shillings for that conference, but they cannot find billions to pay our teachers.

Mr. Speaker, Sir, let the Executive humble itself the way we have humbled ourselves. The money that was going to do that particular conference last week for heads of States should be passed over to the teachers. We want our children back in school.

On a point of order, Mr. Speaker, Sir. Did you hear Sen. (Dr.) Khalwale talk about “Bar”. Some people who may be listening to us may be wondering what type of bar he was talking about. May he be specific because our proceedings are being watched live by Kenyans? Which type of bar is he talking about?

Mr. Speaker Sir, I said I came in late and while standing at the Bar, I heard you make a communication on WTO. For the benefit of the Senator who is a new man in politics, that place where a metallic object is drawn, is called the Bar. So, I was at the Bar. I was not at the bar.

Next Order!

Hon. Senators, I wish to bring to the attention of the Senate that pursuant to Standing Order 40 (2) and (3) , the Clerk received and delivered to me on Tuesday, 4th August, 2015 a Message from the National Assembly regarding the Water Bill (National Assembly Bill No. 7 of 2014) .

Consequently, I caused the Message to be transmitted to every Senator pursuant to Standing Order No.40 (5) by letter Ref. SEN/L&P/MSG.2015, dated 17th August, 2015 as the Senate was not sitting at the time.

Hon. Senators, in accordance, therefore, with standing order 40 (5) , I hereby report the following Message to the Senate-

“PURSUANT to the provisions of Standing Order Nos. 41 and 142 of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly- THAT WHEREAS, the Water Bill (National Assembly Bill No. 7 of 2014) was published vide the Kenya Gazette Supplement No.27 of March 17,

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

Thank you, Mr. Speaker, Sir. I rise to present a Petition made to the Senate pursuant to Article 119 of the Constitution of Kenya and the Standing Order No. 24 of the Senate by the forum of former councillors who served in the defunct local authorities in Kenya since Independence.

We, the undersigned citizens of the Republic of Kenya and former councilors under the defunct local authorities in Kenya draw the attention of the Senate to the following;

September 16th , 2015 SENATE DEBATES

Hon. Senators, I will allow very brief interventions if any. Since the interest is quite high, I will restrict you to less than one minute.

Mr. Speaker, Sir, the plight of political leadership since Independence in this country is wanting, especially for those who have served before and are on retirement either by default or devolve. The demand and request by the members is not really a tall order for this country. We should not only recognise them at death by delivering long speeches at the time of their burial. We should protect their welfare as they live after retirement from politics.

The plight of Members of Parliament (MPs) has been partially observed. It is just time, due and important that we considered the plight of the former councillors that are still surviving to this end.

Thank you, Mr. Speaker, Sir.

Asante sana, Bw. Spika kwa kunipa nafasi kuunga mkono malalamishi haya yaliyoletwa kwa niaba ya waliokuwa madiwani.

Bw. Spika, Waswahili husema kuwa ukiona kichwa cha mwenzako kikinyolewa chako tia maji. Hata sisi pia tunaweza tukawa wa zamani kama wao. Kwa hivyo, ni vyema kushughulikia masilahi yao na kuhakikisha kuwa wako sawa. Namshukuru Sen. (Prof.) Lonyangapuo kwa hilo na naunga mkono malalamishi haya. Naomba yatiliwe maanani na kushughuliwa haraka iwezekenavyo.

Mr. Speaker, Sir, I join my colleagues in congratulating the former councillors who brought the Petition to Senate.

Mr. Speaker, Sir, I had a sitting with former councillors in my county. I tried to address their plight in order to see how they could be helped. These are leaders who served this country diligently for a very long time. Unfortunately, they live a miserable life. Their children are not going to school yet, they are actually leaders who were behind the current counties and goodies that we have in counties. Therefore, it is important to look into these issues as quickly as possible. Moreso, we should go to an extent of

September 16th , 2015 SENATE DEBATES

Mr. Speaker, Sir, I also rise to add my voice in support of this petition. It has been said that once a leader always a leader. Former councillors led and represented us at a time when their legislative areas were wider, but they were being paid peanuts. They represented us well. They laid the foundation stones upon which we are building. Expectations are still high from the society, friends and relatives because what is expected of them is what was expected even when they were in office.

Therefore, what they are petitioning us, as a country and Senate, is a minimum of what we would have given them; a tone of appreciation of Kshs1.5 million and access to health and other facilities is not much. I urge everybody to support them so that when we retire and begin fighting for benefits, we will be reading from the same script.

With those few remarks, I beg to support.

Mr. Speaker, Sir, I join my colleagues who have spoken earlier in, first of all, thanking Sen. (Prof.) Lonyangapuo for presenting this petition on behalf of the former leaders.

Secondly, I thank the former leaders for the path they have taken for their matter to be addressed, by petitioning this House, by exploiting Article 119 of the Constitution. I know that other people would have rushed to courts and used all other means to get redress. However, they chose to petition this House. It is important that we expedite the process. I know that you will refer it to the relevant standing committee.

Mr. Speaker, Sir, it is important that the welfare of our past leaders is looked into. They must live a decent life that befits their status in the society. I know that they have made their case and proposal. It may not be possible to grant them all that they are asking for. However, all the same, it is important that we look into it and see what is sustainable and what can be done for them to live a decent live. Therefore, I support the petition and encourage that it be referred to the relevant standing committee.

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I also wish to add my voice on this very important petition. Former councillors are men and women of wisdom and knowledge, which is required in our counties. In this country, huge amounts of money are stolen through theft, corruption and other forms of mismanagement. What they are asking for is just a token. They are only 6,000 members. I request Members of County Assemblies (MCAs) , including Kisii County, to consider co-opting them into running of county affairs considering the knowledge they have in other issues.

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

If we can all be that brief, it will be appreciated by the Chair.

Mr. Speaker, Sir, I also join my colleagues in supporting this petition. I know that previously, there was no provision in the law for such remuneration. However, the new Constitution emphasises on redressing historical injustices. I consider this as one of the historical injustices that was meted on leaders at the grassroots level. Some of them lead a life that is not worthy of former leaders.

September 16th , 2015 SENATE DEBATES

Mr. Speaker, Sir, I fully support the sentiments of Sen. (Prof.) Lonyangapuo and the petition. However, you cannot honour the dead if you cannot honour the living.

Yesterday I saw an incident where we were mourning the father of one us and the Speaker of the Senate was not allowed to say a word on such an important occasion.

Shame!

Mr. Speaker, Sir, if we cannot respect your office as the Speaker which is a constitutional office, what about when you leave office? You will be as good as dead. We must begin by recognizing the offices that are there now, so that if Sen. Murkomen comes to Siaya, I will recognise his office without a doubt. Whatever problem we may have with each other, but if he appears anywhere as a leader, that position must be recognised. Woe unto those persons who were responsible for the incident yesterday where our Speaker did not utter a word while the likes of us were able to utter a word. I felt very disappointed.

Having said that, councillors played a very important role during the time when we were dealing with local authorities. This petition has come at the right time. As we recognise their position, I also urge you to recognise the position of the Prime Minister, the Vice President and eventually as a long serving Member for Siaya, you recognise my position so that all these things make some sense and harmony.

Mr. Speaker, Sir, I fully support.

What is it, Sen. (Dr.) Khalwale?

On a point of order, Mr. Speaker, Sir. The Senator for Siaya has made very serious revelations to the public. That not Hon. Ethuro, but the Speaker of the Senate of the Republic of Kenya was subjected to humiliation yesterday.

I beg for your indulgence; bend backwards and direct that the Senate Majority Leader brings a statement to clarify to the country the circumstances under which the institution of the Senate was abused yesterday.

September 16th , 2015 SENATE DEBATES

What is it, Sen. Murkomen?

On a point of order, Mr. Speaker, Sir. I was seated next to Sen. Lesuuda, yourself and the said culprit. Everybody who sat around there was shocked yesterday. That happened despite the fact that you came to mourn the death of the father of the Deputy Majority Whip. I personally notified the Governor of Machakos that he had the responsibility to invite you to pass your condolences. He deliberately ignored you. It was not your condolences; it was on behalf of the Senate. The murmurs I heard from the Governor for Machakos was to the effect that you were too junior for him to invite you.

I spoke yesterday and everybody heard. I reminded the country that one of the greatest challenges of devolution is that, power has entered into the heads of those who have been given the responsibility to manage our counties. They think that they are bigger than everybody else, but yesterday was about mourning. It was necessary for you to pass our condolences on behalf of this House. That is why all of us spoke on behalf of ourselves, but left the responsibility to you to pass the message of the Senate of the Republic of Kenya.

I concur with Sen. (Dr.) Khalwale. That, whereas we have accepted as a Senate to be a House of humility; the circumstances under which you were given a total blackout yesterday – I must congratulate you because you behaved very maturely as you have always done. You did not sulk and did not look discouraged. You stood firm. However, those of us who were behind you were very sad. You saw me walking to the stage, to tell the Speaker of the Senate to just wave. I want to say without any fear of contradiction, a Governor who has been running a cinema in the county; thinks that he can transfer that cinema mentality to everybody in this country, is an unfortunate thing. It is an embarrassment to the family of devolved governments. It is important for us to have an official position of what happened yesterday. If nothing, it is for the record.

Order, Members! Do you really wish to pursue this matter?

Yes!

Proceed,

Mr. Speaker, Sir, allow me to express my outrage as well because I was in the audience. I would not have minded if all of us Senators, including myself did not speak yesterday, but you conveyed the condolences of this august House to one of us who had lost his father. That, the Governor for Machakos, well known for his cheap theatrics, stood up when given an opportunity to invite you to speak, but chose to invite former Members like hon. Wavinya Ndeti and hon. Kalembe Ndile to speak and leave you out is something that is an affront to the dignity of your office, to the dignity of your person as a very distinguished Kenyan and the dignity of this House that you represented.

September 16th , 2015 SENATE DEBATES

Bw. Spika, kufuatana na yaliyokukumba jana, ninafikiri ni watu wengi ambao hawajui wewe kama kiongozi katika taifa hili ilhali umekuwa katika siasa kwa miaka 20. Ni nani huyo ambaye hakumtabua Spika wa Bunge la Seneti? Spika ndiye kiongozi wa Bunge hili. Kama walikudharau, aibu ni kwao. Sisis tunakuheshimu kwa sababu wewe ni kiongozi wa Bunge la Seneti ambalo linaheshimiwa sana na Wakenya.

Madiwani wa zamani walifanya kazi kwa bidii na wakaacha mali mengi katika kaunti zetu. Itakuwa ni vizuri tuzungumzie matakwa yao ili tuwafidie na marupurupu ya kuimarisha maisha yao. Ni mapenzi yetu kuona kwamba wanaishi maisha ya bora. Wengi wao wanaishi maisha ya umaskini. Sisi kama viongozi wa Seneti ni lazima tuwasaidie kuimarisha maisha yao ili tuendelee kuheshimiwa kama nchi.

Mr. Speaker, Sir, I take this opportunity to congratulate Sen. (Prof.) Lonyangapuo for bringing this petition. I fully support that all people who have served our country should be appreciated without discrimination. As you will guide us, I hope when this petition is committed to the relevant Committee, suggestions in terms of what should be done will be carried forward and supported by us.

Personally, I want to go on record that the idea of recognizing and supporting people who have given their time to serve the country, is welcome. The detail is something that can be worked out and then we take it from there.

Mr. Speaker, Sir, before I sit down, allow me to vent my deepest regret and embarrassment at what happened to you yesterday in Machakos. It is not something that we can contextualize. I am not aware of any civilization where people holding public

September 16th , 2015 SENATE DEBATES

Order, Senators! Sen. (Prof.) Kindiki is so directed.

Mr. Speaker, Sir, we welcome your direction to the Senate Majority Leader. However, given the weight of this matter, do you not think that it will be prudent for us to give him some timelines by which he should report to the House?

Mr. Speaker, Sir, in order to give this matter the kind of attention and comprehensiveness it demands, I request that I be given one week so that I can provide a good statement.

It is so ordered.

Mr. Speaker, Sir, let me not dwell on the embarrassing moment of yesterday. I beg you to forgive that man because he did not know what he was doing.

Do you want to be exalted?

Mr. Speaker, Sir, do not worry. They will be humbled.

September 16th , 2015 SENATE DEBATES

Mr. Speaker, Sir, thank you for giving me this opportunity. First, I want to associate myself with the sentiments expressed by my colleagues on the treatment of yesterday. I do not believe that the Governor of Machakos did not know what he was doing. He has been the Government spokesman and he knows the protocols. Normally when a court is sentencing somebody, it makes sure that he knows why he gets two years instead of four years because he should have known better. The governor should have known better. I do not know whether he is selling Maendeleo Chap Chap or the retrogressive chap chap. If that is so, if he really wants to lead the Maendeleo Chap Chap or whatever it is, then the honourable thing for him to do is to render an apology to you, Mr. speaker, and to the entire Senate. I hope he is honuorable enough to stand up and do just so.

Mr. Speaker, Sir, talking about the petition, I want to pay tribute to Sen. (Prof.) Lonyangapuo for bringing it here. When I entered politics the people who taught me grassroots politics were this former councilors. They may look very old, very poor, almost hungry looking and so on, but when you talk to them, you see wisdom and how decisions should be made.

Just like former Members of Parliament, they were committed to the development and unity of this country. As we have done for the former Members of Parliament, we should also do for them because when they were serving, they were not even earning big salaries like today. It was just something like pocket money, but they were able to serve well. It is time for us to recognise them.

Mr. Speaker, Sir, I also want to congratulate Sen. (Prof.) Lonyangapuo for bringing the issue of the former councilors. I was a councillor for two terms.

Regarding the issue of Machakos County, I am glad it was you because most of us have been humiliated in many occasions. I have been a victim. The governors do not recognize us. If they are able to do that to you, surely what do they think we are feeling? It is good that it is you now so that the statement that we have demanded be written and be written properly because they have to learn this is a senior House. We demand recognition. While I sympathise with you, it is good that it was you so that things can be put right from now henceforth.

Mr. Speaker, Sir, first, I would like to congratulate my dear fellow professor for bringing this petition on behalf of councillors. Many people are suffering from lack of pension in this nation. Quite a number of them have inadequate pension. I have always mentioned my friend, Amb. Kibinge, who was a distinguish civil servant and an ambassador in Washington. One day I met him, and he told me the kind of pension he was earning and I was very ashamed.

September 16th , 2015 SENATE DEBATES

Mr. Speaker, Sir, I wish to join my colleagues in thanking and congratulating Sen. (Prof.) Lonyangapuo, for the petition he has brought to this House. The contributions of some of these councillors from the defunct local authorities can be seen in our counties today. No wonder most of the counties are collecting far less revenue, than they used to collect. Even with the little resources available to them then, we can still see the track of development in our local authorities much better than we can see from the counties.

I want to support the petition and hope that the Committee that will be handling it will deal with it expeditiously so that we can look at the welfare of these councillors. I am sure that councillors from Machakos County did much more than some of the things that are being done by the renowned film maker from Machakos.

I support this petition and I wish that we expedite the process to ensure that councillors’ welfare is sorted out.

Hon. Senators, it is 3.55 p.m. so can we do another five minutes, because we have good numbers for the voting. We need to harvest when the harvest is ready. I will allow up to 4.00 p.m. and do not exceed one minute. I will order that we just contribute about the issue of former councillors, forget about Machakos County.

Mr. Speaker, Sir, for the one that is related to you, my colleagues have very well spoken to it. I will only join in condemning the Governor of “Masaku” for the very bad behaviour. It is important we demand for a public apology.

Mr. Speaker, Sir, I will straightaway talk on the matter which was presented by Sen. (Prof.) Lonyangapuo. It is timely because the former councillors did a wonderful job for this country. Those who are surviving are still doing very good jobs in our counties, including issues that relate to peace. Therefore, it is important to take care of their plight. I would also say that it is tradition, many a times, to take care of the wealthy, which I do not think it is right. We have taken care of retired presidents who are wealthy, so why not the poor fellows on the ground.

September 16th , 2015 SENATE DEBATES

Mr. Speaker, Sir, I am one person who worked with most of the former councillors on the six legislations for devolved governance. Most of the people who were in Bomas of Kenya would remember that greatest contributors to the constitutional making process were former councillors. It is very sad that the new dispensation they were awaiting and the new constitutional order that they fought for, becomes a disadvantage to them. It is important for us to realise that had it not been for these former councillors, we could not have the kind legislation we have now or the legal and constitutional framework that we have today.

If for nothing else, this new constitutional order which recognises social security, should assist and help our former councillors to live a better life which is dignified in the rural areas, the local community and urban areas. These people carry the institutional memory of the county. I wish all the county governments would consult them more. If that happens, we would have less of the problems we are having with devolution because they have the institutional memory, they understand the properties of the counties and other things.

Therefore, I support this petition and support what Sen. (Prof.) Lonyangapuo has done.

Hon. Senators, I am afraid, it is 4.00 p.m. and we must make progress.

Next Order!

On a point of order, Mr. Speaker, Sir. According to our Standing Orders, once a petition has been presented, it is supposed to be committed to the relevant Committee.

Sen. Khaniri, I have heard you. According to Standing Order No.227, this petition will be committed to the Committee on Labour and Social Welfare. According to Standing Order No.227 (2) ,

the Committee shall, in not more than 60 days, respond to the petitioner by way of a report. Thank you for reminding me.

Hon. Senators, we committed ourselves to voting on Wednesday afternoon. Since we have the requisite number, we do not want to lose this opportunity. We will now skip all the other orders and move to Orders No.9, 10, and 12. Order No.8 is deferred. We will start with Order No.12 then come back to Order No.9 and 10 which is the Committee of the Whole.

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, I duly notified the Speaker in accordance with Standing Order No.33 (1) , my desire to move a Motion for Adjournment on a matter of grave national importance, that is, the teachers’ strike. Now that we are going to Order Nos.9, 10 and 11, I see Order No.11 has quite a bit of work to do, I would want to seek an indication as at what time you will permit me to move the Motion for Adjournment. I do know that many of my colleagues here are also available to discuss the matter of the teachers’ strike.

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

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

Mr. Speaker, Sir, I duly notified the Speaker in accordance with Standing Order No.33 (1) , my desire to move a Motion for Adjournment on a matter of grave national importance, that is, the teachers’ strike. Now that we are going to Order Nos.9, 10 and 11, I see Order No.11 has quite a bit of work to do, I would want to seek an indication as at what time you will permit me to move the Motion for Adjournment. I do know that many of my colleagues here are also available to discuss the matter of the teachers’ strike.

Order, Sen. Wetangula! You are raising a matter that does not exist. You need to move the Motion and be supported. I was very clear because I

September 16th , 2015 SENATE DEBATES

Order! You do not need the whole House, you already have the requisite number.

We will have the Motion after we finish with the three orders that I had mentioned.

On a point of order, Mr. Speaker, Sir. Yesterday I rose on a point of order and requested the person who was sitting on your Chair to give directions on the report issued on the dissolution of Makueni County by Mohamed Nyaoga. The directions were given that a communication will be issued this afternoon as to whether or not we can have that report at the Senate. I am seeking your directions.

Hon. Senators, I am learning of the matter and we will endevour to give it to you on Tuesday.

Let us move on to Order No.12 and it is Division. We shall ring the Division Bell for one minute.

The extra minute is now over. Draw the Bar.

We will start with Order No.12; The County Industrial Development Bill (Senate Bill No.7 of 2014) . Log in and start voting. Any Member cannot vote electronically should approach the Table and vote.

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES NOES: Nil.

The Temporary Chairperson (

Mr. Temporary Chairperson, Sir, this is a House of record. The Mining Bill is extremely important to this country and, therefore, the HANSARD should bear witness of what transpired, so that we do what Kenyans wants us to do.

The Temporary Chairperson (Sen. (Dr.) Machage) : Hon. Senators, matters on the Floor of this House must be taken as that. It is very difficult to go voting for Bills without the Mover or even the Senate Leader of Majority who is actually the sponsor of most of these Bills. I, as the Temporary Chairperson, say “no”. I will not accept. I have not been informed who is representing the Senate Majority Leader in the House.

On a point of order, Mr. Temporary Chairman, Sir. Once a Bill goes to a Committee, the Mover is not the original sponsor, but it is the Chairman of the Committee. The Chairman of the Committee is in the House.

The Temporary Chairperson (Sen. (Dr.) Machage) : Seriously, why should other Members abscond from the Bills that they have brought to the House? I appreciate that the Chairman is here and I have taken cognizance of his presence. Thank you very much.

On a point of order, Mr. Temporary Chairman, Sir. You were seated in that same Chair when we concluded on Order Nos.8, 9 and 11. With all due respect, all deliberations were made. The only thing that made us not conclude the Committee of Whole was the numbers. Now that we have the requisite numbers, it would be just fair that we execute the business of this House.

The Temporary Chairperson (Sen. (Dr.) Machage) : Yes, that is the kind of guidance I want from you. Who else wants to contribute?

Well, I was wrongly advised by the Clerks-at-the-Table because I had moved to Order No.10 whose position I thought was as has been stated by the Chair. I was again misadvised by Sen. Wetangula on Order No.9, needless to quote Sen. Mutula Kilonzo. We will take all the votes of the Division and then I will announce the results at the end of the voting. So, let us start with Order No.10.

September 16th , 2015 SENATE DEBATES

Mr. Temporary Chairperson, Sir, I think we had gone through almost 95 per cent of the amendments. But to the best of my knowledge, I think there was one or two that we did not conclude. So, it would be in order that we only conclude when the Mover is in the House, to put the matter straight.

Mr. Temporary Chairperson, Sir, this is a House of record. The Mining Bill is extremely important to this country and, therefore, the HANSARD should bear witness of what transpired, so that we do what Kenyans wants us to do. The Temporary Chairperson (

September 16th , 2015 SENATE DEBATES

Hon. Senators, matters on the Floor of this House must be taken as that. It is very difficult to go voting for Bills without the Mover or even the Senate Leader of Majority who is actually the sponsor of most of these Bills. I, as the Temporary Chairperson, say “no”. I will not accept. I have not been informed who is representing the Senate Majority Leader in the House.

On a point of order, Mr. Temporary Chairman, Sir. Once a Bill goes to a Committee, the Mover is not the original sponsor, but it is the Chairman of the Committee. The Chairman of the Committee is in the House. The Temporary Chairperson (

Seriously, why should other Members abscond from the Bills that they have brought to the House? I appreciate that the Chairman is here and I have taken cognizance of his presence. Thank you very much.

On a point of order, Mr. Temporary Chairman, Sir. You were seated in that same Chair when we concluded on Order Nos.8, 9 and 11. With all due respect, all deliberations were made. The only thing that made us not conclude the Committee of Whole was the numbers. Now that we have the requisite numbers, it would be just fair that we execute the business of this House. The Temporary Chairperson (

On a point of order, Mr. Temporary Chairperson, Sir. May I make you aware that all the Committee proceedings and the Committee of the Whole for this

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES THE FOOD SECURITY BILL (SENATE BILL NO. 23 OF 2014)

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

I call upon the Chairperson to report on the first Bill; The Food Security Bill (Senate Bill No. 23 of 2014) .

We will report to the House later.

On a point of order, Mr. Temporary Chairperson, Sir. May I make you aware that all the Committee proceedings and the Committee of the Whole for this

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the House its consideration of The Mining Bill (National Assembly Bill No. 8 of 2014) and its approval thereof with amendments.

September 16th , 2015 SENATE DEBATES

I call upon the Chairperson to report on the first Bill; The Food Security Bill (Senate Bill No. 23 of 2014) .

Madam Temporary Speaker, I beg to move that The Mining Bill (National Assembly Bill No.8 of 2014) be now read a Third Time.

Sen. Khaniri seconded.

Hon. Senators, I will now put the question; that The Mining Bill (National Assembly Bill No.8 of 2014) be now read a Third Time. We will then proceed to do the two divisions together.

The Bars are already drawn. Therefore, let us proceed to Division. Let us start with the first one which is The Food Security Bill (Senate Bill No.23 of 2014) .

You should now log in.

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

Sen. Boy Juma Boy seconded.

This is not a county matter but an internal reporting.

I now call upon Sen. (Dr.) Machage who was the Chairman of the Committee to give the next report.

We are proceeding now to vote on the Mining Bill (National Assembly Bill No.8 of 2014) . For the avoidance of doubt, I will put the question one more time. You can vote now.

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

Who is your seconder?

September 16th , 2015 SENATE DEBATES

Let us now proceed to the Third Readings for both Bills.

Madam Temporary Speaker, I beg to move that The Food Security Bill (Senate Bill No.23 of 2014) be now read a Third Time.

Sen. Boy Juma Boy seconded.

The Floor is open. Let me see if there is anybody willing to contribute. Since there is nobody willing to contribute, I will now put the question; that The Food Security Bill (Senate Bill No.23 of 2014) be now read a Third Time.

We will have to do a division. However, I would rather we proceed and then we will have one division for both of them.

Let us move to the next one.

Madam Temporary Speaker, I beg to move that The Mining Bill (National Assembly Bill No.8 of 2014) be now read a Third Time.

Sen. Khaniri seconded.

Hon. Senators, I will now put the question; that The Mining Bill (National Assembly Bill No.8 of 2014) be now read a Third Time. We will then proceed to do the two divisions together.

The Bars are already drawn. Therefore, let us proceed to Division. Let us start with the first one which is The Food Security Bill (Senate Bill No.23 of 2014) .

You should now log in.

September 16th , 2015 SENATE DEBATES

On a point of order, Madam Temporary Speaker. I just wanted you to guide us a little bite in terms of traditions and practices. Until now, we thought that a Member gets an opportunity to speak after catching the Speaker’s eye.

From the communication from the Chair, if you can clarify apparently he did not catch your eye, but he---

September 16th , 2015 SENATE DEBATES

Order, Hon. Senators! The results of the vote on the Mining Bill (National Assembly Bill No.8 of 2014) are as follows:-

The Bars should now be withdrawn.

Hon. Senators, the Speaker had ruled earlier on a Motion for Adjournment. I, therefore, call upon the Mover, the Senate Minority Leader, to proceed.

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

Sen. Wangari is not there? She has since left the House. I will give this chance to Sen. (Prof.) Lonyangapuo.

Madam Temporary Speaker, as I join the Mover of this Motion, Sen. Wetangula, I want to urge all Senators present and every Kenyan of goodwill to stand and say that the teachers are asking for a just cause which was already approved. Most of what the teachers are asking for is contained in their Collective Bargaining Agreement (CBA) . It is not something that has just been dropped from the blues. There is a difference between something that you are demanding and something that has already been programmed by law to be given.

Madam Temporary Speaker, even the highest court in the land has declared that teachers have a right to be paid their salaries including an increment of 50 to 60 percent.

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

Thank you, Madam Temporary Speaker. Let me raise an issue which has not been discussed even in the public domain and I think it is something which we ought to consider in future. The TSC, through the Chair, has failed the teachers of this Republic. Even if the teachers are eventually paid – which they will – the Chair ought to be removed from that position.

I say so because one of the gains of this Constitution is that the TSC is anchored in the Constitution under Article 237. The work of the TSC, amongst other things, is to advise the national Government on matters relating to the teaching profession. The TSC was a party to the suit that was filed both in the Supreme Court, High Court and all the courts where teachers have been to. Therefore, it is incorrect for His Excellency the President and his Deputy to state that they were not advised about this suit. This is something that they should have anticipated and factored in the Budget. If they did not, it means that TSC failed in that mandate. It is a contradiction under the new Constitution for TSC and teachers to appear as if they are adversaries in this process, because the Constitution contemplated that TSC ought to protest the same way the teachers are protesting.

Madam Temporary Speaker, it is also a contradiction for the Executive to appear as if they are giving advice and complaining about the wage bill. This sort of argument that is advanced in the public fora should have been advanced in the court case where the Government and TSC lost. The argument that there are no funds and that they cannot pay and yet it is an equivalent of Kshs1.3 billion a month is a tragedy.

Sen. Billow and I wanted to know from the PS to the Treasury the carryover of the Kshs17 billion in the case of the laptops. Laptops will not vote in 2017; teachers will. We remind the national Government that these principals and headteachers are the returning officers in all the polling stations where Jubilee got votes. Therefore, mistreating our teachers is equivalent to mistreating our children. The President and his Deputy are famous for taking photographs with children. Why can they not contemplate that these children are suffering? They have been at home for three weeks and parents have paid their school fees but it is business as usual. Nobody is doing anything.

What you hear is the Majority Leader of the National Assembly saying that they will cut Constituencies Development Fund (CDF) and the Speaker saying that there is no reason to recall the House. What is that person in the village thinking, that the leaders do not even seem to know where this country is going? The Majority Leader seems to have a different view from his boss. The Deputy President seems to have a different view from the Chairman of the Committee of Education, Research and Technology, Kabando wa Kabando. Where is this country going? There have been many violations of the Constitution.

Order, Senator! You have not yet made a request for any intervention according to the screen here. You have to properly make a request.

Madam Temporary Speaker, the fact of the matter is that this country will not suffer anything if we paid the teachers 50 to 60 per cent that

September 16th , 2015 SENATE DEBATES

Thank you, Senator. Before I give the Floor to the next Speaker, let me make a statement, considering the importance of the matter on the Floor of the Senate. For the convenience of the Senate, under Standing Order No. 30, I direct that all Senators who have expressed interest to contribute will be given an opportunity to do so before the Senate adjourns.

The next speaker is Sen. Khalwale.

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

Senator, your time is up. Please conclude.

Thank you, Madam Temporary Speaker, for giving me more time.

I would like to conclude by saying that this is a Government of tenders. If the teachers’ issue was an issue of tenders, the money would have been found the same way they found money for kickbacks in the Standard Gauge Railway Line project, Laptop project, Pipeline project and Moi Teaching and Referral Hospital.

Your time is up, Senator. Please, proceed, Senator for Busia County, Sen. Wako.

Thank you, Madam Temporary Speaker, for giving me this opportunity. Five minutes is too short but I would say that on an issue that has gone on for more than 18 years, it is time to make a closure. The time to make the closure was the final verdict of the Supreme Court, the highest court of this land. That should have been the final determination by closing the matter, teachers get paid and we move on.

One thing that I do not quite understand is the fact that when I read the various documents – and I have been following this dispute very closely – is the order of the Industrial Court which was subsequently confirmed in the Court of Appeal and the Supreme Court was actually based on the document produced by the economists of Government, the Teachers Service Commission (TSC) and the Treasury. That document was called the working document. If I remember correctly, the initial claim of the teachers was 150 to 300 percent. However, when the teachers saw that document, and the validity of it, they reduced their demands to 150 percent. When they went to the Industrial Court, it simply gave effect to that working document by the Government.

Madam Temporary Speaker, the working document was based on the following; the need to ensure that a total wage bill is sustainable, the need to ensure that the teaching fraternity retains the skills required to execute its functions, the need to recognize productivity and performance. It made comparisons with Tanzania, South Africa, Kenya, Uganda and the United States of America (USA) . The document took into account the inflation trends.

Therefore, the Industrial Court in more or less adopting the Government working document agreed with them, that 50 to 60 percent is sustainable because that was the

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

Thank you, Madam Temporary Speaker. Let me raise an issue which has not been discussed even in the public domain and I think it is something which we ought to consider in future. The TSC, through the Chair, has failed the teachers of this Republic. Even if the teachers are eventually paid – which they will – the Chair ought to be removed from that position.

I say so because one of the gains of this Constitution is that the TSC is anchored in the Constitution under Article 237. The work of the TSC, amongst other things, is to advise the national Government on matters relating to the teaching profession. The TSC was a party to the suit that was filed both in the Supreme Court, High Court and all the courts where teachers have been to. Therefore, it is incorrect for His Excellency the President and his Deputy to state that they were not advised about this suit. This is something that they should have anticipated and factored in the Budget. If they did not, it means that TSC failed in that mandate. It is a contradiction under the new Constitution for TSC and teachers to appear as if they are adversaries in this process, because the Constitution contemplated that TSC ought to protest the same way the teachers are protesting.

Madam Temporary Speaker, it is also a contradiction for the Executive to appear as if they are giving advice and complaining about the wage bill. This sort of argument that is advanced in the public fora should have been advanced in the court case where the Government and TSC lost. The argument that there are no funds and that they cannot pay and yet it is an equivalent of Kshs1.3 billion a month is a tragedy.

Sen. Billow and I wanted to know from the PS to the Treasury the carryover of the Kshs17 billion in the case of the laptops. Laptops will not vote in 2017; teachers will. We remind the national Government that these principals and headteachers are the returning officers in all the polling stations where Jubilee got votes. Therefore, mistreating our teachers is equivalent to mistreating our children. The President and his Deputy are famous for taking photographs with children. Why can they not contemplate that these children are suffering? They have been at home for three weeks and parents have paid their school fees but it is business as usual. Nobody is doing anything.

What you hear is the Majority Leader of the National Assembly saying that they will cut Constituencies Development Fund (CDF) and the Speaker saying that there is no reason to recall the House. What is that person in the village thinking, that the leaders do not even seem to know where this country is going? The Majority Leader seems to have a different view from his boss. The Deputy President seems to have a different view from the Chairman of the Committee of Education, Research and Technology, Kabando wa Kabando. Where is this country going? There have been many violations of the Constitution.

Order, Senator! You have not yet made a request for any intervention according to the screen here. You have to properly make a request.

Madam Temporary Speaker, the fact of the matter is that this country will not suffer anything if we paid the teachers 50 to 60 per cent that

September 16th , 2015 SENATE DEBATES

Thank you, Senator. Before I give the Floor to the next Speaker, let me make a statement, considering the importance of the matter on the Floor of the Senate. For the convenience of the Senate, under Standing Order No. 30, I direct that all Senators who have expressed interest to contribute will be given an opportunity to do so before the Senate adjourns.

The next speaker is Sen. Khalwale.

Madam Temporary Speaker, I support and congratulate the Leader of the Minority for leading us in this Motion. I want to start by saying that the award of 50 to 60 percent by the High Court of Kenya which was challenged by the Government in the Court of Appeal and the Court of Appeal agreed with the High Court, which was again challenged by the Government in the Supreme Court, and the Supreme Court agreed with the High Court. The President has set a precedent by challenging that decision of the Supreme Court.

This will go down in history as the most dangerous President. I wish to inform my brothers and sisters on the other side of this House to make time and inform the President that the Members of the National Assembly under which the responsibility to initiate a Motion of impeachment, are equally pissed off with what the Government is doing and therefore, he is preparing himself for a successful impeachment. We will not allow the children of the rich to be in school while the children of the poor who are in public schools remain at home.

Today, as I woke up, I did not know what to tell my daughter, Inga Imbuyira Khalwale, who is in Form Three. She does not know why she is not in school because she is in a public school. We must oppose this. The Teachers Service Commission is led by a responsible woman in Kenya, the Secretary of the Commission, a responsible woman! We also have a responsible woman leading the Salaries and Remuneration Commission. The President is bringing shame to the women fraternity through this interference because it is being alleged that the three women have connived not to give teachers what they deserve.

Madam Temporary Speaker, on the issue of where the money is - Mr. President, the money is there. According to the Auditor-General, Kshs67 billion was wasted. The President should cut on wastage in his Government contained in unnecessary foreign travels, unnecessary workshops and conferences in Five star hotels by the Jubilee Members of the Executive. There is money in the so called Laptop Project which we opposed three years ago and told them that they are going nowhere. It is now three years later, the money has never been spent. There is money, Leader of the Majority, you

September 16th , 2015 SENATE DEBATES

Senator, your time is up. Please conclude.

Thank you, Madam Temporary Speaker, for giving me more time.

I would like to conclude by saying that this is a Government of tenders. If the teachers’ issue was an issue of tenders, the money would have been found the same way they found money for kickbacks in the Standard Gauge Railway Line project, Laptop project, Pipeline project and Moi Teaching and Referral Hospital.

Your time is up, Senator. Please, proceed, Senator for Busia County, Sen. Wako.

Thank you, Madam Temporary Speaker, for giving me this opportunity. Five minutes is too short but I would say that on an issue that has gone on for more than 18 years, it is time to make a closure. The time to make the closure was the final verdict of the Supreme Court, the highest court of this land. That should have been the final determination by closing the matter, teachers get paid and we move on.

One thing that I do not quite understand is the fact that when I read the various documents – and I have been following this dispute very closely – is the order of the Industrial Court which was subsequently confirmed in the Court of Appeal and the Supreme Court was actually based on the document produced by the economists of Government, the Teachers Service Commission (TSC) and the Treasury. That document was called the working document. If I remember correctly, the initial claim of the teachers was 150 to 300 percent. However, when the teachers saw that document, and the validity of it, they reduced their demands to 150 percent. When they went to the Industrial Court, it simply gave effect to that working document by the Government.

Madam Temporary Speaker, the working document was based on the following; the need to ensure that a total wage bill is sustainable, the need to ensure that the teaching fraternity retains the skills required to execute its functions, the need to recognize productivity and performance. It made comparisons with Tanzania, South Africa, Kenya, Uganda and the United States of America (USA) . The document took into account the inflation trends.

Therefore, the Industrial Court in more or less adopting the Government working document agreed with them, that 50 to 60 percent is sustainable because that was the

September 16th , 2015 SENATE DEBATES

Sen. Wako, you should conclude.

I beg to support.

Madam Temporary Speaker, I stand to support this Motion because of what I have been agitating for as the Senator for Machakos. I have stood by the teachers and will always stand with them.

Madam Temporary Speaker, Sir, if there is one sector of society that has suffered in this country, it is the teachers. They started raising their issues during Moi’s Government. President Moi retired and the teachers are still suffering. When the NARC came into power, the expectation of every Kenyan was that since President Kibaki was an economist, he would deal with the problem of teachers. They were left hanging. Then the Jubilee Government came into power with the promise of creating jobs but it has made things worse for the teachers and this country.

Madam Temporary Speaker, there are 285,000 teachers under the Teachers Service Commission (TSC) . If we just take a small portion, just 2 per cent of the national Budget and pay the teachers, each of them will employ two people. That translates to close to 600,000 jobs but the Government is not ready to pay even a coin. We are taking it as a joke here, but Kenyans are getting poorer. Today, the children of the poor are at home, as I speak. But none of the children of the Members who sit in this House or the President, Deputy President and senior civil servants children are at home. At the end of the day, those who will be educated are the children of the most privileged. The poor will continue to languish in poverty.

When a teacher is paid Ksh15,000, it is taxed. So, he or she cannot even afford to educate his or her children up to university level, yet that person is expected to put a lot of effort in his or her work, in the name of serving their country. Which country is this that you serve to promote the lives of those who kill your children directly and indirectly? You sit and watch your children being maimed by those who carry the power.

Madam Temporary Speaker, if the Jubilee Government is not ready to obey the rule of law, which put them where they are, we will take the law into our hands and save this country.

September 16th , 2015 SENATE DEBATES

On a point of order, Madam Temporary Speaker. I do not want to interrupt my good friend, but is he in order to say or show signs of waging a war against Jubilee Government? What does he mean?

September 16th , 2015 SENATE DEBATES

Madam Temporary Speaker, when Jubilee came into power after the ruling by the Supreme Court - whether or not they stole the votes - we obeyed the law. If we resisted, what would have been the outcome? They would have sent police officers to the streets to clobber and arrest us. But since we do not have the police officers in our capacity as Kenyans, we are ready to walk on the streets, go without food and make sure no car even leaves State House for Jogoo House.

Please, conclude.

September 16th , 2015 SENATE DEBATES

Madam Temporary Speaker, I rise to support this Motion. I think as a nation, for the last 50 years, if there is one thing that Kenyans have agreed on, in all our successive governments, is to give education a priority. So, that in all our financing, in all budgetary allocations in this country for the last 50 years, nearly a third of our national revenue has always gone to education. This is the seriousness with which the successive governments have taken education, as our top priority national interest.

However, the need to address this issue is a national one. I think we all have a collective responsibility as Kenyans to address this issue of teachers once and for all. This is not a problem that started this year. The Collective Bargaining Agreement (CBA) has been in place since 1997. In fact, one of the longest strikes was during the Grand Coalition government. As a matter of fact, some of my colleagues sitting across were in that Government.

I think it is, therefore, imperative that we find a solution as Kenyans to this matter. I think there’s no doubt teachers need to be paid. There is also no doubt that we need to harmonize the remuneration of public servants through an appropriate scheme adopted by the Salaries and Remuneration Commission. However, when the matter has reached where it has; when this matter has been protracted for a very long time and has ultimately ended up in court, with the consent of both parties, the employer and the employees, and the court has ruled, I think it is only proper that the Government seriously considers how to raise money to address that issue, because there are no two ways about a court decision.

However, I also think, that it should not be lost on the Government that you can achieve much more through dialogue than non-dialogue. I think there is no better way than for His Excellency the President to actually sit with the leaders of these teachers. It is not late even today to sit with them, as the other leaders have done before him, and explain to them the need to address this issue in a progressive and gradual manner.

The teachers need to be paid but looking at the capacity of the Government, unless we do that, we are going to have a serious problem, because we cannot afford to have 10 million primary and secondary school students in this country staying at home.

September 16th , 2015 SENATE DEBATES

I will take it. The Senate Minority Leader (Sen. Wetangula) : May I inform the distinguished Senator for Mandera, who I respect tremendously for his acumen on accounts and figures, that, in fact, in the National Assembly, close to Kshs10 billion has been allocated by Treasury that Members of Committees that they think will help the Ministry are just sharing and taking to the constituencies without any order, any structure or procedure.

September 16th , 2015 SENATE DEBATES

Madam Temporary Speaker, Sir, thank you for giving me the opportunity so that I may also stand in solidarity with the teachers of this nation.

Let me congratulate the Mover of this Motion, the Senate Minority Leader, for rising up to the occasion by bringing up this very important and urgent national matter that need to be discussed and dealt with.

September 16th , 2015 SENATE DEBATES

Please, conclude now.

I beg to support.

Madam Temporary Speaker, I stand to support this Motion because of what I have been agitating for as the Senator for Machakos. I have stood by the teachers and will always stand with them.

Madam Temporary Speaker, Sir, if there is one sector of society that has suffered in this country, it is the teachers. They started raising their issues during Moi’s Government. President Moi retired and the teachers are still suffering. When the NARC came into power, the expectation of every Kenyan was that since President Kibaki was an economist, he would deal with the problem of teachers. They were left hanging. Then the Jubilee Government came into power with the promise of creating jobs but it has made things worse for the teachers and this country.

Madam Temporary Speaker, there are 285,000 teachers under the Teachers Service Commission (TSC) . If we just take a small portion, just 2 per cent of the national Budget and pay the teachers, each of them will employ two people. That translates to close to 600,000 jobs but the Government is not ready to pay even a coin. We are taking it as a joke here, but Kenyans are getting poorer. Today, the children of the poor are at home, as I speak. But none of the children of the Members who sit in this House or the President, Deputy President and senior civil servants children are at home. At the end of the day, those who will be educated are the children of the most privileged. The poor will continue to languish in poverty.

When a teacher is paid Ksh15,000, it is taxed. So, he or she cannot even afford to educate his or her children up to university level, yet that person is expected to put a lot of effort in his or her work, in the name of serving their country. Which country is this that you serve to promote the lives of those who kill your children directly and indirectly? You sit and watch your children being maimed by those who carry the power.

Madam Temporary Speaker, if the Jubilee Government is not ready to obey the rule of law, which put them where they are, we will take the law into our hands and save this country.

September 16th , 2015 SENATE DEBATES

On a point of order, Madam Temporary Speaker. I do not want to interrupt my good friend, but is he in order to say or show signs of waging a war against Jubilee Government? What does he mean?

Senator proceed, and elaborate your statement.

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

Senator for Nyamira County, Sen. Okong’o.

September 16th , 2015 SENATE DEBATES

I will take it. The Senate Minority Leader (

May I inform the distinguished Senator for Mandera, who I respect tremendously for his acumen on accounts and figures, that, in fact, in the National Assembly, close to Kshs10 billion has been allocated by Treasury that Members of Committees that they think will help the Ministry are just sharing and taking to the constituencies without any order, any structure or procedure.

Madam Temporary Speaker, that Statement is a fact because the issue about the improprieties in the Budget-making process by the National Assembly in which the Budget was based on political and other patronage other than---- I agree with him.

I support.

Madam Temporary Speaker, Sir, thank you for giving me the opportunity so that I may also stand in solidarity with the teachers of this nation.

Let me congratulate the Mover of this Motion, the Senate Minority Leader, for rising up to the occasion by bringing up this very important and urgent national matter that need to be discussed and dealt with.

September 16th , 2015 SENATE DEBATES

Thank you, Madam Temporary Speaker. I rise to support this very important Motion. It is a sad moment in this country that as students prepare for exams, they now find themselves out of class.

We see a lot of laxity from members within the Executive, the Teachers Service Commission (TSC) and the various stakeholders who are supposed to help us sort out the

September 16th , 2015 SENATE DEBATES

Thank you, Madam Temporary Speaker. As we ponder and think of what is going on in the country right now, I get worried on the sort of advisors our President may be having. At one time, I thought that the second generation alcoholic drinks were dealt with by the same President, but I wonder whether his advisors are not on this stuff.

When the President was in Italy, Kenyans and more so the teaching fraternity, thought that his arrival in the country will blow wisdom into the whole saga. Everybody

September 16th , 2015 SENATE DEBATES

Please proceed, Sen. Elachi.

Madam Temporary Speaker, I also rise to support this Motion. For the first time, the Jubilee Government has let us down.

September 16th , 2015 SENATE DEBATES

September 16th , 2015 SENATE DEBATES

Senator for Nyamira County, Sen. Okong’o.

Madam Temporary Speaker, thank you for this opportunity. From the outset, I also support this Motion. Since 1997, teachers have been tossed left, right and centre. However, with the new constitutional dispensation, they have been given what is rightfully theirs. It is very important that this Government honours the Supreme Court verdict.

The cost implication of teachers and children staying out of school is far reaching. If the President of the Republic of Kenya does not have an advisor on that, let me tell him what could happen. There will be drug abuse among our young children and illicit pregnancies. In other areas, funny religious doctrines will be inculcated in these children who are helpless. So, the President must reassess who supports him on these areas. The threats by the Cabinet Secretary for Education and the Teachers Service Commission (TSC) that they will arrest and sack teachers are things of the past century. First, I come from a family of teachers, almost seven of them, who made me who I am.

Madam Temporary Speaker, to be in the Senate, I am a beneficiary of teachers of Nyamira County whom I shared with the issues affecting education. Four years ago, I did a survey on the salaries of teachers. When I looked at the pay slips of those teachers, some had minus 600 or 700. These teachers have families, and the same family has a child in the university or polytechnic and is even struggling to assist the children where he or she works as a head teacher to make them pass their exams.

Madam Temporary Speaker, Kshs15 billion was allocated to the laptop project which never came to be. That money is lying somewhere. Let it be reallocated. It can solve a problem of the teachers’ pay for about six or seven months. This is very important. Time has come for us as leaders of this country to consult effectively rather than giving directives and threats from the rooftops. It is important that those who were arguing about issues of productivity, for instance, the TSC; they should know that you cannot tell a teacher who earns peanuts to be productive; a teacher who does not have breakfast, cannot afford lunch or a book costing Ksh1200 to enable him or her to be productive. All those issues were fallacies. It is important that all leaders of this country look for a way of raising funds to pay teachers.

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

Hon. Senators, it is now time to adjourn the Senate. The Senate stands adjourned until tomorrow 17th September, 2015, at