Wednesday, 17th July, 2019

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon of visiting students and teachers from Nduundune Secondary School in Makueni County.

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

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of a visiting delegation of officers from the County Assembly of Nyamira. The officers are undertaking a four days benchmarking visit to Parliament on the operations of ICT Department and implementation of paperless solutions.

They are-

Mr. Speaker, Sir, I join you in welcoming the students from Makueni County to the Senate as well as the officers from Nyamira County Assembly. The school administration made a wise decision of bringing students to the Senate to see what devolution is doing to this country. This is the right place for the officers from Nyamira County Assembly to benchmark. We have had a lot of benchmarking activities from the other counties. It is only befitting that they are here today to learn from the best.

We no longer say that the students are the leaders of tomorrow because they are the leaders of today. I urge them to take time to learn from what they see and hear during our debate.

Mr. Speaker, Sir, I thank you.

Mr. Speaker, Sir, I take this opportunity to join you in welcoming the visitors to the Senate today on my own behalf and on behalf of the Senator for Makueni and Nyamira counties. This is a great opportunity for the students from Nduundune Secondary School to visit the Senate and follow the proceedings of this House of Parliament so that they can be inspired to offer themselves for leadership in this Republic in the different capacities. This is the House that prides itself as the champion of devolution. Therefore, I hope that by the time the officers from Nyamira County Assembly complete their benchmarking visit, they will have learnt something on the way forward for devolution.

I thank you.

Mr. Speaker, Sir, I take this opportunity to welcome students from Makueni County and officers from Nyamira County Assembly. I congratulate the officers from Nyamira County Assembly for coming to the Senate. Nyamira County neighbours Bomet County. We have been living in harmony with them for a long time. The harmony that has exists between our two communities should continue.

I also congratulate the students for visiting this House. I am sure their teachers have taught them that the Senate is a very important legislative organ in this country. We are the House that is responsible for doing the oversight of what is happening in our counties. I congratulate them for visiting and encourage them to work very hard in their academics and be disciplined. I hope that one day, they will be seated where we are and encourage visiting students.

I thank you.

Bw. Spika, nakuunga mkono kuwakaribisha wanafunzi kutoka Kaunti ya Makueni kwa niaba ya Seneta wa Kaunti ya Makueni, Sen. Mutula Kilonzo Jnr. Nawahimiza wanafunzi watunze mazingara yao kwani ni jambo muhimu. Nawasihi wanafunzi wapande miti shuleni. Sisi ni viongozi wa leo na wao ndio viongozi wa kesho.

Maafisa kutoka Kaunti ya Nyamira wakitazama Seneti wataona kwamba tunatumia teknolojia kujadili mambo hapa. Hapo mbeleni, tulikuwa tunatumia makaratasi mengi lakini sasa mambo yamebaadilika. Naomba kwamba wakirudi Kaunti ya Nyamira, watumie teknolojia kama Seneti.

Sen. Olekina, that is a very good trial from you. You have shocked the entire House. It was a good spirit.

Next Order.

Mr. Speaker, Sir, pursuant to Standing Order 221 (2) , I beg to lay the following Paper on the Table of the Senate today, Wednesday, 17th July, 2019-

The Teachers Service Commission Strategic Plan for the period 2019-2023.

Is the Chairperson, Vice Chair or any Member of the Standing Committee on Labour and Social Welfare in the House? If none of them is available, let us proceed.

Next Order.

Sen. (Dr.) Musuruve is not there. So, the Statement is deferred.

Sen. (Dr.) Milgo is not there. So, the Statement is deferred.

Mr. Speaker, Sir, I rise pursuant to Standing Order 48 (1) to seek a Statement from the Standing Committee on Education concerning the increase in cases of bullying in schools in the country.

In the Statement, the Committee should-

Mr. Speaker, Sir, I thank you for giving me an opportunity to contribute to this statement. I wish to thank Sen. Iman for bringing that issue to the House.

There are many unresolved mental issues in this country and our children in schools are not spared. Bullying existed even in our time but it never escalated to such unprecedented level where someone ends up dead or mentally incapacitated because of damages inflicted as a result of bullying. It is unfair for students to be taken to the graveyards at night and tortured there. That issue needs to be addressed.

I do not know how we shall legislate this. It is an issue that needs to be addressed. Teachers and school administration need to pay keen attention in terms of ensuring that children do not necessarily suffer to that level until somebody is admitted to hospital.

Thank you, Mr. Speaker, Sir.

Mhe. Spika, nakushukuru kwa kunipa nafasi hii ili nichangie mjadala huu kuhusu ukosefu wa nidhamu kwa wanafunzi. Zamani tulipokuwa shule, wakati tulipokuwa “Kidato cha Kumi” ama Form Two, kulikuwa na unyanyasaji wa wanafunzi.

Mjadala huu ni wa maana sana kwa sababu katika shule nyingi katika nchi hii, wanafunzi wengi wananyanyaswa ama bullying. Ningemhimiza Mwenyekiti wa Kamati ya Elimu aweze kutilia maanani jambo hili----

Order, Senator. Sen. Kinyua, what is your point of intervention?

Bw. Spika, nimesikia Seneta mwenzangu akisema kidato cha kumi. Mahali ambapo mimi nilisomea hapakuwa na kidato cha kumi. Hata hivyo, katika nchi hii ya Kenya, hakuna kidato cha kumi. Nadhani alimaanisha kidato cha pili ama Form Two.

Asante, Bw. Spika.

Sen. Wambua, what is your point of order?

Mhe. Spika, hata mimi Seneta wa Kaunti ya Narok amenichanganya. Ameongea kuhusu kidato cha kumi alafu akatafsiri na kusema Form Two. Hapo sijamwelewa vizuri alikuwa anaongea juu ya nini? Tafadhali naomba afafanue.

Sen. Olekina, you may have gone into unfamiliar waters. You will have to be careful.

Bw. Spika, Waswahili walisema, asiyefunzwa na mamake, hufunzwa na ulimwengu. Nimekubali kufunzwa na wenzangu kwa sababu mimi nimefanya direct translation. Nimetafsiri kuwa kile ambacho Wazungu wanasema 10th Grade; ambacho ni kidato cha kumi ukifanya utafsiri huo. Lakini nimeshukuru kuelezwa ya kwamba ni kidato cha pili.

Tukiwa hapa, sisi wote tunajifunza. Ili tusipoteze umuhimu wa Taarifa ambayo imeletwa na Seneta mwenzetu, ni lazima sisi kama viongozi tutilie maanani mambo ambayo yanaathiri wanafunzi katika shule zetu. Ni vibaya sana kwa mzazi kumpeleka mtoto wake shule kusoma lakini anadhulumiwa na wenzake. Ikiwa kuna dhuluma

Kwani umekuwa mwalimu wa Kiswahili?

Order, hon. Members. Sen. Kinyua, what is your intervention.

Bw. Spika, nakubaliana na Sen. Olekina alivyosema kwamba asiyefunzwa na mamake, hufunzwa na ulimwengu; na amesema vizuri. Lakini anatukanganya kwa sababu amesema leo amekuja kuchangia; itakuwa ni vigumu kwetu sisi ambao tumekuja hapa kumfunza, tutakuwa na shida kubwa kumfunza siku ya leo.

Nataka kusema amefanya vizuri lakini kusema “ikiwa kuna dhuluma”--- Anapaswa kutohoa jina “dhulma” vizuri ndio liweze kueleweka na wale wote ambao wanaelewa ile lugha.

Itakuwa ni jambo la kuwakejeli wanaoelewa hiyo lugha kwa sababu tutadhania ya kwamba maneno anayosema--- Mimi naonelea akiongea kwa lugha ya kingereza, huwa anajadili vilivyo kwa ufasaha na weledi. Lakini akiongea kwa lugha ya Kiswahili, inamkanganya kidogo mpaka hatumwelewi kabisa.

Asante, Bw. Spika.

Asante Bw. Spika, kwa kunipa fursa hii. Kiswahili ni lugha ya taifa. Tunajua kwamba wengi wetu sio mahiri katika lugha hii. Lakini ni sawa kuwaruhusu Seneta wenzangu wazungumze lugha ya Kiswahili bila kutatizwa na hoja za nidhamu ambazo nyingine hazina msingi.

Bw. Spika, ufasaha wa lugha unatokana na uzungumzaji wa lugha mara kwa mara. Kwa hivyo, nakubali kwamba ndugu yetu, Seneta, kutoka Gatuzi wa Narok hana uzoefu wa kuzungumza Lugha ya Kiswahili katika Bunge hili lakini akipewa fursa ataweza kuzungumza lugha hii kwa ufasaha kwa sababu alizaliwa kama Mmaasai na sio Mwingereza. Kawaida huwa anaongea lugha ya Kingereza kama Mwingereza.

Asante sana, Mhe. Spika.

Asante sana. Ningependa pia kumpongeza Seneta Gatuzi wa Jimbo la Narok kwa kujaribu kuzungumza Kiswahili. Tumruhusu aweze kuendelea kwa sababu hapa tuko kwenye darasa la kujifunza Kiswahili. Jambo la muhimu ni kwamba aweze kueleweka kiasi ili Wakenya wajue yale ambayo anasema.

Endelea, Mhe. Olekina.

Mhe. Spika, nashukuru sana kwa kunisaidia ili niweze kumaliza. Seneta mwenzetu ameleta taarifa ambayo ametueleza ya kwamba kuna wanafunzi ambao wanadhulumiwa katika shule zetu na kuwafanya watoroke shule.

Mheshimiwa Spika, nimeshukuru. Asante.

Asante sana kwa kujinusuru kwa sababu kidogo ulikuwa unaingia matatizoni.

Speak in Kiswahili!

No, I am from northern Kenya. Sisi hatujui Kiswahili; mambo ya ngamia tu ndio tunaelewa. Samahani nitazungumza kingereza.

Mr. Speaker, Sir, thank you for giving me the chance to contribute to this all- important Statement by Sen. Iman. Congratulations Sen. Iman. As they say in Swahili, uchungu wa mwana aujuaye ni mama. It is very important that you gave us, as mothers, the opportunity to say something about this important Statement.

A study that was done in this country, last year or the year before; where 82 per cent of students reported having been bullied in schools. The most interesting thing is that bullying is more prevalent in national schools than in provincial schools. It is a dream of all kids to do well. I am sure they are in the Speaker’s Gallery trying to learn. The fact that national schools are the worst offenders is really wanting bearing in mind that these

are the smartest kids. I wonder what is happening in this area. This study found that, while bullying is prevalent around the world, the Kenyan trend and rate was much higher than the world trend and rate.

Are we becoming a society that is becoming very violent even amongst the kids? It is very worrying and we need to look at what is causing this anti-social behavior in our children. The individual performance of these kids, who are already in national schools, who came with such high marks is being affected and they move from being A-students to really something that is very worrying in terms of their performance and self-esteem.

There is the vicious cycle, where the child who was once bullied, by the time he is in Form Three, he becomes the bully. We need to look at how this country can curb the vicious cycle of the people that have been bullied in the lower classes becoming the bullies.

Mr. Speaker, Sir, the most worrying thing about this trend is that people are taking away belongings of the children. It is not just bullying, it is actually theft. We cannot have our children becoming thieves at such an early age. When they start working in the offices, then we start saying there is corruption and people are stealing public funds. This trend starts when children are so young in high school where under the guise of bullying, the bullies actually take away belongings of other children. That is also a form of theft and corruption.

Are we then presiding over a generation of children who will become leaders or workers that will be stealing? We need to really take this very seriously. I hope the

Committee on Education looks into this and does something so that we break the vicious

Thank you, Mr. Speaker, Sir, for giving me this chance. I join the rest of my colleagues in adding my voice to this serious issue that has been brought to the fore in the Statement by our colleague. We need to pay keen attention to moral decadence in our institutions, especially secondary schools.

It is my sincere hope that the Committee on Education chaired by my good friend, Sen. (Dr.) Langat, will do something. I have no doubt on his capabilities to demand discipline from students because that is what he demanded from me when I was his student. I hope he will be a bit firm on this one than how he used to deal with me.

The Statement only raises the issue of bullying but there are three issues I would like the Committee to consider when they will be looking into this Statement. They should invite the Ministry to explain how they intend to handle the vices because it is a growing concern to many parents who take their children to public institutions. These are bullying, drug abuse and gay and lesbianism. If not properly checked, these three issues have the capability of wiping out an entire generation in our country.

On a point of order, Mr. Speaker, Sir. I think the Senator for Kericho County is confusing us because gay and lesbianism has nothing to do with bullying. Could he tell us how that is related to bullying?

I blame Sen. Prengei for engaging the good Senator from Isiolo to a point of not following what I said. Had she followed through, she would have heard that I said that the Committee should further look into the other two issues. Sen. Prengei, please, allow Sen. Halake to concentrate on the debate.

Mr. Speaker, Sir, I hope those three issues will be looked into keenly because right now any parent in this country is worried about the current trend. Previously, it used to be in all public schools but it is now happening even in faith-based institutions. That tells you that there is no institution that is safe from the three vices that I have mentioned.

I urge the Committee to invite officers from the Ministry. They could as well invite the rest of the stakeholders to make proposals. The Senate and the National Assembly should support them so that we save the next generation.

Asante, Bw. Spika, kunipa nafasi ili kumuunga mkono Seneta aliyewasilisha taarifa hii. Vile tunavyojua, kuna mambo yanayofanyika katika shule za upili. Kuna mambo yanayofanyika wanafunzi wanapojiunga na shule za upili na hiyo ni dhuluma. Kamati ya Elimu inafaa kufanya uchunguzi na kupendekeza jinsi ya kukomesha dhuluma katika shule za upili.

Wanafunzi wengi wanahofia kwenda shule kwa sababu kuna baadhi wanaoamrishwa kwenda kwa magoti. Baadhi humwagiwa maji baridi na wengine hupata kichapo cha mbwa. Hiyo si haki kwa sababu wazazi hupeleka watoto wao shuleni ili wasome bila shida. Ikiwa wanadhulumiwa, wengi hawawezi kusoma kwa sababu wanaogopa wenzao.

Kumekuwa na ongezeko la visa vya dhuluma. Mimi pia nilidhulumiwa wakati nilipokuwa shule ya upili. Cha kushangaza ni kwamba bado kuna dhuluma shuleni. Watoto wetu hawafai kudhulumiwa na wengine. Dhuluma shuleni inafaa kukomeshwa kwa sababu inaweza kufanya wanafunzi wa shule za msingi kukataa kwenda shule wakichukulia kuwa shule si pahali pazuri. Kwa hivyo, visa vya wanafunzi kudhulumiwa shuleni vinafaa kukomeshwa.

Natumai Sen. Olekina amesikia jinsi Kiswahili kinafaa kuzungumzwa.

The Senator for Narok County is inciting me to use Kiswahili Language but I will not go that route.

Mr. Speaker, Sir, I join my colleagues in supporting the Statement on bullying in schools. One of the things we must establish, as a Senate and leaders in this country, is that schools are supposed to be safe places for our children. Schools are not places where our children should go and be afraid of being attacked by their colleagues simply on account of them being juniors to the bullies.

I urge the Committee on Education to take this matter a little bit more seriously. The Chairman of the Committee on Education is not even listening but I hope that when the Statement finally gets to his desk, he will establish that schools are supposed to be safe places for our children and invoke Part II of the Constitution on Rights and Fundamental Freedoms. Our children have a right to inherent dignity and the right to have that dignity respected and protected by the school administrations, teachers and fellow students.

I thank you.

Bw. Spika, leo nafikiri tutaongea Kiswahili ili tukuze lugha ya taifa na umoja wa Wakenya.

Mr. Speaker, Sir, mambo ya bullying katika shule---

On a point of order, Mr. Speaker, Sir. Are Members allowed to mix languages? One should not use English and Kiswahili at the same time. They should choose to either speak in Kiswahili or English.

That is noted. Proceed, Sen. Were.

Mr. Speaker, Sir, I will revert to English because I do not want to suffer the same challenge. Bullying is a serious issue---

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

What is your point of Order, Sen. Omanga?

Mr. Speaker, Sir, is it in order for hon. Senator to mix languages as she contributes? I thought she would have continued speaking in Kiswahili to the end without reverting to English language. If she cannot, then I think she has nothing important to add.

Sen. Were, you started with Kiswahili language and you must carry that across to the end.

Asante, Bw. Spika.

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

What is your point of Order, Sen. Madzayo?

Bw. Spika, sisi sote hatufahamu lugha ya Kiswahili kwa ufasaha. Wewe ni mtu amabaye umekua ukiona maneno hayo yakitendeka hapa na umekua na roho ya kuweza kuwasikiliza. Mimi ningeomba, Sen. Were ni dada yangu, ana upungufu kidogo wa kuweza kujieleza kwa lugha hii. Kwa hivyo, mpatie nafasi aweze kujieleza katika lugha anayoifahamu sana.

Hatutaanzisha mtindo wa kuvunja sheria ambazo tumetunga sisi wenyewe. Kwa sababu ya huo upungufu wake katika lugha hii, atajipanga tena ili aweze kujieleza kwa lugha anayoifahamu kwa ufasaha atakapopata nafasi nyingine.

Pia ningependa kuwashauri wengine wetu ambao wana mtindo wa kuchanganya lugha kwamba watumie lugha unayoifahamu kwa ufasaha.

Thank you, Mr. Speaker, Sir, I shall not attempt to go on the direction of Kiswahili language because I want to make a very important point.

It is quite clear that bullying has a hostile intent in any manner and way. When children go to school, they go to learn experiences that will sustain them in their lifetime. They will be able to learn, to be able to know the normal decorum that they must follow in order to be able to sustain themselves in life. It is one way bequeathing our children boys and girls at school the ability to engage others in a much more friendly way than in a hostile manner.

When we have bullying in schools is a clear indication that that school is out of order. There is no order in that school and students are not being taught to behave in a certain manner and accept each other the way they are.

During my period of time as the Minister for Education, this is one of the things that I took a very stern action on. I urge headmasters, headmistresses, Parents/Teachers Association (PTA) , teachers and the students’ council to meet and get an orderly way of doing things in those schools. The bullying is done by the students who have been there longer than the others. If it is done repeatedly, not occasional occurrence, then that becomes an intent which is hostile. That bullying is unacceptable in law and nobody should accept it in our schools.

Mr. Speaker, Sir, sometimes this bullying leads to injury. The injury needs not be physical, but it can also be psychological trauma. This is much more dangerous than the physical injury because physical injury can heal. However, if it gets to an extreme extent where you have broken limbs or broken parts of the body that becomes a very dangerous criminal act which needs to meet the full force of law.

Mr. Speaker, Sir, we, as parents and everybody else should discourage this bullying. We should never go that way. Let us welcome students in our schools in a very civilized way, especially now that Christianity and Islam has taken roots in our learning institutions. We should be able to allow children to grow in an orderly fashion. Our God is a God of order, not a God of chaos.

I thank you, Mr. Speaker, Sir.

I would also like to acknowledge the presence in the Public Gallery of visiting Students and Teachers from Inyokoni Secondary School in Makueni County.

In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit.

I thank you.

Asante sana, Bw. Spika. Ninaungana nawe kuwakaribisha wanafunzi waleo ambao umetaja kutoka kaunti za Makueni na Kajiado. Masomo ndio uti wa mgongo wa maendeleo ya nchi yetu. Ni vizuri wamekuja kuona vile ambavyo tunajadili katika Seneti hii.

Kuhusu kudhulumiwa kwa wanafunzi wa kidato cha kwanza katika shule zetu, si shida bali ni janga. Dhuluma hizi hutokea kila wakati na zimekuwa mazoea katika shule zetu.

Tunataka Kamati ya Elimu ambayo itakashughulikia swala hili, iangalie kwa mapana na marefu, wakizingatia ya kwamba limekuwa likitendeka kila wakati. Wanafunzi wengi wameacha masomo yao kwa sababu wenzao wanawadhulumu ni kama wahuni na wakora. Kazi yao ni kudhulumiwa. Ni vizuri kama Kamati hii, iangalie mambo mengine ambayo yamekuwa yakijitokeza katika shule zetu. Kwa mfano, kuna swala la dawa za kulevya, pombe na kadhalika katika shule zetu za upili.

Kamati isizingatie tu majukumu yale yalioyotajwa hapa, bali waangalie kwa mapana na marefu ili jambo hili likomeshwe mara moja. Kwa sababu ukiingia katika kidato cha kwanza, unapata mambo hayo yanaendelea. Shule zetu zimekuwa kama magereza ambapo wanafunzi hutezwa.

Asante, Bw. Spika. Ningependa kuunga mkono taarifa hii. Tunaona ya kwamba watoto wakiwa wamekubaliwa kuingia shule za upili, hasa shule ambazo ni za hadhi ya juu, siku ya kwanza, wiki ya kwanza, mwezi wa kwanza au muhula wa kwanza, wanateswa na wenzao wa vidatu vingine. Wanaweza kuwafanya wenzao kuwa kama watumwa.

Wakati mzazi anapopeleka mtoto wake shule, nia yake ni kwamba mtoto huyo aweze kujifunza na kupata masomo ambayo yatamfaidi siku zake za usoni. Lakini hii dhuluma inayoendelea katika shule zetu hakubaliki kamwe. Juzi tulisoma kwenye gazeti, jua ya Nairobi School ambapo wanafunzi wa kidatu cha kwanza walifanyiwa dhuluma kubwa na wenzao. Hii ni shule ya kifahari. Hayo ni makosa ambayo hatutaki yafanyike tena.

Jambo hili hutokea kwa sababu walimu wamezembea kazini. Badala ya kuwafundisha watoto wetu, wao wanashughulika na mambo yao. Ni lazima wasomeshe watoto wetu ili wapate elimu ambayo itawafaidi katika masiha yao.

Bw. Spika, vitendo hivi vinatendeka katika shule zetu za upili. Ninalikemea sana jambo hili la dhuluma katika shule zetu. Ni lazima tupate njia mwafaka ya kukomesha dhuluma katika shule zetu.

Thank you, Mr. Speaker, Sir, for allowing me to add my voice on this important Statement.

Before I do that, I want to join you in welcoming the students from Olkejuado High School from Kajiado County. Olkejuado High School is one of the best boys’ schools in the county. They are welcome to the Senate and they should know that the Senate represents the counties. They should enjoy their learning here.

Bullying in our secondary schools should be looked into. The Ministry should put measures in place to protect our students. Students should not be bullied by their colleagues and school workers. Our students join these schools with a lot of hope just for them to get into an environment that is not conducive for learning. The Committee on Education will look at this and we will also invite the other Members to share their experiences with the Committee.

Ahsante sana, Bwana “Mzungumzishi” kwa nafasi hii. Mimi pia ningependa kuungana na wewe kuwakaribisha wageni ambao wamefika hapa. Kuna wale ambao wametoka Kajiado, Makueni na pia---

On a point of order Mr. Speaker, Sir.

Sen. Olekina, what is your point of intervention?

Mheshimiwa Spika, sijabobea katika lugha ya Kiswahili lakini ningependa dada yangu afafanue kile ambacho anachokiita “mzungumzishi” kwa sababu mimi ninajua kwamba wewe ni Mheshimiwa Spika unapoketi hapo.

Ahsante sana. Kuna kitendo cha kuzungumza na yule mtu ambaye anawapatia wenzake nafasi kuzungumza anaitwa “mzungumzishi”. Kwa hivyo, ninaweza kusema, Bwana Spika na katika hali ya kuunda Lugha ya Kiswahili, ninaweza iendeleza zaidi na kusema “Bwana Mzungumzishi”. Lakini, mtu ambaye anataka kutumia neno kama hili ni lazima azungumze kwa makini ndiposa maneno yasije yakamtatiza. Ukitaka kutumia neno “mzungumzishi”, ni lazima ujue kulitamka vizuri lakini pia unaweza kusema Bwana Spika.

Ahsante tena, “Bwana Mzungumzishi”, kwa nafasi hii. Ninakuunga mkono kuwakaribisha wale ambao wamekuja kututembelea ili waone vile tunavyounda sheria katika Bunge hili.

Jambo lingine ambalo ningependa kulizungumzia ni shida ambayo wanafunzi wetu wanapitia wakiwa shuleni. Watoto hawa hupelekwa shuleni kusoma ili wajiendelesha katika maisha. Lakini tunaona mara nyingi wakienda---

Order, Members. Let us consult in low tones.

Wanafunzi hawa hupata matatizo wakienda katika shule hizi. Hii ni kwa sababu wenzao huwa wanawaweka katika hali ya kutatanisha na hali ya kuongeza hofu katika mwili na akili zao. Hii ni jambo ambalo limeendelea kwa muda mrefu. Kwa hivyo, ni muhimu ya kwamba tulizungumzie.

Itakuwa vizuri kama tunaweza kutafuta mwalimu maalum ambaye kazi yake itakuwa ni---

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

Sen. Orengo, what is your point of order? The Senate Minority Leader (Sen. Orengo) :

Bw. Spika, Seneta Maalum

Ahsante sana, Bw. Spika. Nampa kongole ndugu yangu, Sen. Orengo, kwa huo ufafanuzi. Katika hoja yangu ya nidhamu, nilikuwa nataka kusema mambo hayo hayo.

Ninatoka katika eneo moja na Sen. (Dr.) Zani na ninamheshimu sana. Yeye ni msomi. Katika wale madaktari wanaotoka kule kwetu, yeye yuko katika ulingo wa hali ya juu sana---

Nitasikia kutoka kwa Sen. Wario.

Nitasikia kutoka kwa Sen. Wario.

Ahsante sana, Bw. Spika, kwa kunipa nafasi hii. Ninamheshimu sana Seneta mteule anayetoka katika Kaunti ya Kwale, Sen. (Dr.) Zani. Yeye ni msomi na mjuzi wa Lugha ya Kiswahili. Kwa kweli, mtu ambaye anaongoza kikao katika Bunge ni Mwenyekiti ama Bwana Spika. “Mzungumzishi” ni yule ambaye anafanya watu ambao ni bubu waweze kuongea.

Asante sana, Bw. Spika. Ningemwomba dada yangu Sen. (Dr.) Zani alifutilie mbali neno “mzungumzishi”, kwa sababu halifai katika rekodi zetu za Seneti. Ni neno ambalo hatujui maana yake, kama vile tumeangalia katika Kamusi ya Kiswahili. Halifai kabisa.

Bw. Spika, ningeomba pia kuwa kama wenzetu wanataka kuzungumza kwa Kiswahili, wanafaa kujifunza kwanza ili wasifanye Seneti kuwa mahali pa kujifunza.

Asante sana, Bw. Spika. Hatufai kumsulubisha Sen. (Dr.) Zani kwa kutumia neno “mzungumzishi”. Hii ni kwa sababu lugha ya Kiswahili ni lugha ambayo inakuwa. Kwa mfano, katika msamiati au Kamusi ya Kiswahili hatukuwa na neno ‘tarakilishi.’ Lakini kwa vile lugha inaendelea kukua tumepata maneno mengi mapya.

“Mzungumzishi” ni baadhi ya maneno ambayo yamekuja baada ya kukua kwa Lugha ya Kiswahili. Kwa hivyo, badala ya kumsulubisha Sen. (Dr.) Zani, angepewa muda wa kuwasilisha ushahidi kwamba neno hili linakubalika katika Lugha ya Kiswahili. Nafikiri hiyo ndio itakuwa njia sawa ya kumsaidia na kutusaidia sisi ambao tuko hapa.

Lakini napinga ufafanuzi wa Sen. Wario kwamba “mzungumzishi” ni yule mtu ambaye anazungumzisha watu viziwi.

Asante sana, Bw. Spika.

Sen. Pareno.

Asante sana, Bw. Spika. Ningemwomba dada yangu Sen. (Dr.) Zani alifutilie mbali neno “mzungumzishi”, kwa sababu halifai katika rekodi zetu za Seneti. Ni neno ambalo hatujui maana yake, kama vile tumeangalia katika Kamusi ya Kiswahili. Halifai kabisa.

Bw. Spika, ningeomba pia kuwa kama wenzetu wanataka kuzungumza kwa Kiswahili, wanafaa kujifunza kwanza ili wasifanye Seneti kuwa mahali pa kujifunza.

Bw. Spika, sisi kama Waswahili wa bara, tumeangalia katika kamusi ya mtandao, ambayo kwa jina ya kizungu inaitwa Google. Neno “mzungumzishi” kwa lugha ya kimombo inamaanisha chatter. Ningependa kusema kwamba lugha ambayo Sen. (Dr.) Zani ametumia siyo lugha ambayo tunaweza kutumia katika Bunge hili.

Ningependa kumhimiza ya kwamba ni muhimu haswa wale Waswahili ambao wanatoka eneo la Pwani waache kutumia maneno makubwa kututisha sisi ambao tunatoka bara. Watumie ngeli ambazo zinaeleweka. Kiswahili cha kule Kakamega

Bw. Spika, sisi ambao tunatoka eneo la Ukambani hatuna ufasaha mzuri wa Kiswahili. Hata hivyo, kwa sababu swala hili la “mzungumzishi” limeleta kizungumkuti na utata, ningeomba umpatie nafasi Sen. (Dr.) Zani alete kamusi ambayo itafafanua jambo hili, ili baina ya Sen. Wario ambaye anasema “mzungumzishi” ina maana tofauti, na Katiba ya Kenya ambayo imetafsiriwa kwa Kiswahili--- Hata mimi niko nayo. Naomba nije nayo kesho ili tujadili swala hili na kuamua kama tunaweza kumwita Bw. Spika “mzungumzishi”.

Asante sana, Bw. Spika.

Sen. Malalah, atakuwa wa mwisho kabla nitoe uamuzi wangu.

Bw. Spika, sisi kama Waswahili wa bara, tumeangalia katika kamusi ya mtandao, ambayo kwa jina ya kizungu inaitwa Google. Neno “mzungumzishi” kwa lugha ya kimombo inamaanisha chatter. Ningependa kusema kwamba lugha ambayo Sen. (Dr.) Zani ametumia siyo lugha ambayo tunaweza kutumia katika Bunge hili.

Ningependa kumhimiza ya kwamba ni muhimu haswa wale Waswahili ambao wanatoka eneo la Pwani waache kutumia maneno makubwa kututisha sisi ambao tunatoka bara. Watumie ngeli ambazo zinaeleweka. Kiswahili cha kule Kakamega

What is your point of order, Sen. Cheruiyot?

Mr. Speaker, Sir, you do not give directions in vain. When you give directions, they should be respected. You directed that Sen. (Dr.) Zani should desist from referring to you as “mzungumzishi” and, instead, refer to you as ‘Bw. Spika.’ I hope you heard how she concluded her remarks. It will be unfortunate if you allowed that to stand in our records.

Thank you, Mr. Speaker, Sir.

Sen. (Dr.) Zani, what did you say?

Bw. Spika. nilikuita “Bwana Mzungumzishi” kama vile nilimuita Sen. Kembi-Gitura “mzungumzishi” na hakuna ambaye aliniambia hivyo.

Order! Order! Nilikuwa nimetoa uamuzi kwamba kwa sasa utumie neno ‘Spika’ mpaka wakati tutapata ukweli wa neno “mzungumzishi”.

Please, withdraw that.

Sen. (Dr.) Zani, what did you say?

Bw. Spika. nilikuita “Bwana Mzungumzishi” kama vile nilimuita Sen. Kembi-Gitura “mzungumzishi” na hakuna ambaye aliniambia hivyo.

Order! Order! Nilikuwa nimetoa uamuzi kwamba kwa sasa utumie neno ‘Spika’ mpaka wakati tutapata ukweli wa neno “mzungumzishi”.

Please, withdraw that.

Sen. (Dr.) Zani, nilikuwa nimetoa uamuzi na kwa sababu ya sheria za Seneti hii, ninakuuliza uzingatie sheria hizo.

Asante sana, “Bwana Mzungumzishi”. Nimeangalia katika Google ambayo nimepewa na Sen. Faki. Jina hilo lipo. Sitasema unisamehe kwa sababu wenzangu hawakujua kwamba jina hili liko.

Vile nilisema, tunaweza kuliacha jambo hili kwa leo na kwa heshima ya Waswahili ambao wamefanya bidii kukuza lugha hii ya Kiswahili. Najua nikizumgumza vile nilivyosema ninakumbuka na nikifikiria haya, tuseme tuweke, tuache watu waangalie na watuelezee vile tutakavyoenda mbele. Hatuwezi kusema tusitumie neno ambalo limetumika.

Asante Bw. Spika.

Bw. Spika, asante. Kuna tafakari mbili hapa za Google. Google ile ya Sen. Malalah inasema wewe ni chatter Ile Google nyingine inasema ya kwamba wewe ni “mzungumzishi”. Hata hivyo, tunasema ya kwamba Google hizi zote mbili hazifai kwa sababu sio Kamusi ya Kiswahili. Google moja imetoa kwa maktaba na nyingine ya Sen. Malalah ninafikiria pengine ame-Google pande hiyo--- Maktaba imetoka upande za Pwani; hii ya Sen. Malalah ambapo Spika anaitwa chatter hatujui ni ya upande gani.

Katika maoni yangu, hiyo amri uliyotoa kwanza---

Bw. Spika, mimi ninaongea hapa katika Bunge na ningependa unitegee masikio kwa sababu ukishatoa amri iwe ni sawa au si sawa, ni lazima amri yako itimie ndani ya Bunge hili. Hatusemi kwamba yale Seneta dada yangu alivyokuwa anasema au Sen. Malalah wana makosa. Lakini tunasema kwamba kwa sababu umetoa amri, hiyo amri yako itimie halafu kama kuna marekebisho ya aina yoyote, yaletwe kesho; sio leo baada ya Bw. Spika kutoa amri ya Bunge hili.

Sen. (Dr.) Zani, nilikuwa nimetoa uamuzi na kwa sababu ya sheria za Seneti hii, ninakuuliza uzingatie sheria hizo.

Asante sana, “Bwana Mzungumzishi”. Nimeangalia katika Google ambayo nimepewa na Sen. Faki. Jina hilo lipo. Sitasema unisamehe kwa sababu wenzangu hawakujua kwamba jina hili liko.

Vile nilisema, tunaweza kuliacha jambo hili kwa leo na kwa heshima ya Waswahili ambao wamefanya bidii kukuza lugha hii ya Kiswahili. Najua nikizumgumza vile nilivyosema ninakumbuka na nikifikiria haya, tuseme tuweke, tuache watu waangalie na watuelezee vile tutakavyoenda mbele. Hatuwezi kusema tusitumie neno ambalo limetumika.

Asante Bw. Spika.

Bw. Spika, asante. Kuna tafakari mbili hapa za Google. Google ile ya Sen. Malalah inasema wewe ni chatter Ile Google nyingine inasema ya kwamba wewe ni “mzungumzishi”. Hata hivyo, tunasema ya kwamba Google hizi zote mbili hazifai kwa sababu sio Kamusi ya Kiswahili. Google moja imetoa kwa maktaba na nyingine ya Sen. Malalah ninafikiria pengine ame-Google pande hiyo--- Maktaba imetoka upande za Pwani; hii ya Sen. Malalah ambapo Spika anaitwa chatter hatujui ni ya upande gani.

Katika maoni yangu, hiyo amri uliyotoa kwanza---

Bw. Spika, mimi ninaongea hapa katika Bunge na ningependa unitegee masikio kwa sababu ukishatoa amri iwe ni sawa au si sawa, ni lazima amri yako itimie ndani ya Bunge hili. Hatusemi kwamba yale Seneta dada yangu alivyokuwa anasema au Sen. Malalah wana makosa. Lakini tunasema kwamba kwa sababu umetoa amri, hiyo amri yako itimie halafu kama kuna marekebisho ya aina yoyote, yaletwe kesho; sio leo baada ya Bw. Spika kutoa amri ya Bunge hili.

Proceed, Sen. Cheruiyot.

Mr. Speaker, Sir, the issue before you has got nothing to do with Kiswahili anymore. It is about the traditions and procedures of this House that are under

Sen. (Dr.) Zani, this is a House of rules and procedures. I have said that I am directing that you withdraw the statement unless you seek for more time to bring an authenticated version of that word.

Bw. Spika, nimesikia ya kwamba kuna aina mbili za Google---

I am explaining! Naelezea tafadhali na ni muhimu kuelezeana! Kuna aina moja ya Google ambayo inaeleza ya kwamba mzungumzishi ni sawa. Leo jioni nitazungumza na Prof. Abdulaziz, Prof. Kithaka wa Mberia na Waswahili wengine halafu tutaleta hoja hiyo na tuizungumzie ili tuijue. Kiswahili Hoyee!

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

What is your point of order, Sen. (Dr.) Langat?

Mr. Speaker, Sir, you should not continue entertaining this kind of gross disorderly behaviour. According to the Standing Order No.117-

“A Senator commits an act of gross disorderly conduct if the Senator-

Sen. (Dr.) Zani, I have said that you either withdraw or ask for more time to bring a clarification. Do not circumvolute. Just withdraw or---

Asante, Bw. Spika. Nimeongea nikasema kwamba nitazungumza na hawa profesa wawili katika hali ya kutafuta muda zaidi na kuleta suluhisho ili tuhakikishe kwamba neno “mzungumzishi” linaweza kutumiwa kama Bw. Spika.

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

What is your point or order?

Mr. Speaker, Sir, the consequences of Standing Order No. 117 are very dire. I think you should help us by ordering Sen. (Dr.) Zani firmly to

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

What is your point or order?

terminate the process she is engaged in and withdraw or we continue because it is becoming a circus.

Hon. Members, I wish to remind this House of Standing Order No.117 - Gross disorderly conduct:

“A Senator commits an act of gross disorderly conduct if the Senator-

AYES: 25 NOES: Nil. ABSTENTIONS: Nil

Hon. Senators, the results of the voting are as follows:-

AYES: 25 NOES: Nil. ABSTENTIONS: Nil

Hon. Senators, the results of the Division are as follows:-

AYES: 25. NOES: Nil. ABSTENTIONS: Nil.

Committee on Delegated Legislation to make her Statement.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.51 (1) (b) to make a Statement on the activities of the Sessional Committee on Delegated Legislation for the period commencing 1st January to 30th June, 2019.

During the period under review, the Committee held a total of 16 Sittings and undertook four county visits. The counties include Nairobi, Kirinyaga, Machakos and Kajiado. The Committee also held two engagements with their counterpart County Assembly Delegated Legislation Committees of Uasin Gishu, Tharaka-Nithi, Embu, Vihiga, Kericho and Elgeyo-Marakwet counties.

Mr. Speaker, Sir, as you are aware, our Committee, being a Sessional Committee, does not handle Bills and Statements. The Committee’s mandate focuses on delegated legislation or statutory instruments developed by Government agencies.

In the period under review, the Committee considered the draft Parliamentary Service (Catering Committee) Regulations of 2018 and forwarded its recommendations to the Parliamentary Service Commission. The Committee has also actively engaged the Ministry of Agriculture, Livestock and Fisheries, the Ministry of Water and Irrigation and the Ministry of Industry, Trade and Co-operatives concerning draft regulations on various matters that concern county governments.

Following these engagements, the Ministry of Agriculture, Livestock, and Fisheries submitted the following proposed draft regulations for the Committee’s consideration-

Sen. Cherargei is not here. That is the end of that matter.

Order Senators. That is the end of Statements for today. I am going to defer Order No.10.

Next Order.

Sen. Were, you had started moving it. You are left with 56 minutes, but you do not have to use all of them.

inaugural appointment applicable to vacancies that may arise at the Commission at any other time to ensure that the process is time bound.

Finally, Mr. Deputy Speaker, Sir, currently, the Act has a sunset Clause that the

Commission on Administrative Justice should be amalgamated with the Kenya National Human Rights and Equality Commission (KNHREC). On the other hand, the said KNHREC also has a similar sunset clause. Therefore, this Bill seeks to amend this Section so that the office of the Ombudsman and KNHREC have a life line to continue to operate.

It is also worth noting that the recent proposals of the Building Bridges Initiative (BBI) have singled out the office of the Ombudsman as an office that needs to be set up, at least, at regional level. So, the benefits of this office cannot be gainsaid. The gains made by the Commission so far are numerous. If you visit their Website or social media platforms, they have outlined various ways they have helped Kenyans to receive justice after being denied proper administrative services both at the county and the national level.

Mr. Deputy Speaker, Sir, the two Commissions, that is the Office of the Ombudsman and KNHREC are complementary and not competitive. For example, the right to access information is provided by the Constitution. The Access to Information Act, 2016 goes into detail as to the disclosure of information by public entities. The office of the Ombudsman has given the oversight and enforcement functions to the Access of Information Act, 2016. This is a specific assignment which does not negate having the KNHREC as well.

It is my hope that Senators will support this Bill and make proposals to enrich it at the Committee Stage. I further recommend amendments to Section 8C, 32(2) (b) and 42

Finally, to work with the Kenya National Commission on Human Rights to ensure efficiency, effectiveness and complementarity in the activities and establish mechanisms for referrals and collaborations.

Mr. Deputy Speaker, Sir, complaints about maladministration are threatening the success of devolution. Kenyans, therefore, need an office or an outlet where they can ventilate and have their issues resolved. Having said that, I will move into the content of the Bill.

This Bill is a brief one which seeks to do the following: One, it seeks to establish

offices in each county, make the process of final vacancies clearer, make necessary amendments to align the Act to the Constitution and also make the Commission on administrative Justice a continuous office without the need to amalgamate.

Mr. Deputy Speaker, Sir, on the issue of establishing offices in each county, the Act currently states that offices may be established at any place. I believe that it is on the basis of this that the Commission has offices in only four counties; Nairobi, Kisumu, Mombasa, Isiolo and recently, Uasin Gishu.

The proposal of the Bill, therefore, is to make it mandatory for offices to be established in each county but have the headquarters in Nairobi. The benefits of having these offices at the county level are numerous. The Government currently is focused towards the Huduma Mashinani initiative.

As earlier indicated, services rendered by the office of the Ombudsman are critical to every citizen as they have a link to provision of public service to every person. Having offices thinly spread out across the Republic, makes it difficult to access these services as travel and other incidental costs may not be affordable to many Kenyans and especially those who seek public service yet the services of the office of Ombudsman are offered for free. Decentralization of these offices will also lead to decongestion of the existing offices, therefore, resulting in better service delivery in terms of monitoring delivery of public services within the counties.

Mr. Deputy Speaker, Sir, moving to the counties will also create awareness on the roles and functions of the office of the Ombudsman. Right now, few people know about it apart from reading about it in the newspapers. Some people think that the Chairperson of that office is still hon. Otiende Amollo, yet he left office a long time ago.

Therefore, when we move these offices to the counties, people will be more aware of them and their functions. Public servants in the counties will be compelled to offer efficient services to avoid complaints and repercussions that follow.

In as much as some Senators were concerned about the budgetary implications of setting up these offices, it is obvious that the benefits of having these offices cannot be underestimated.

The Bill also proposes to make amendments to delete the reference made to the office of the Prime Minister to align the Act with the Constitution and the current structure of governance.

On the matter of filing of vacancies within the Commission, the Act currently makes reference to appointment of commissioners after commencement of the Act. This Bill, therefore, proposes to insert a provision to make the procedure used during the

inaugural appointment applicable to vacancies that may arise at the Commission at any other time to ensure that the process is time bound.

Finally, Mr. Deputy Speaker, Sir, currently, the Act has a sunset Clause that the

Commission on Administrative Justice should be amalgamated with the Kenya National Human Rights and Equality Commission (KNHREC). On the other hand, the said KNHREC also has a similar sunset clause. Therefore, this Bill seeks to amend this Section so that the office of the Ombudsman and KNHREC have a life line to continue to operate.

It is also worth noting that the recent proposals of the Building Bridges Initiative (BBI) have singled out the office of the Ombudsman as an office that needs to be set up, at least, at regional level. So, the benefits of this office cannot be gainsaid. The gains made by the Commission so far are numerous. If you visit their Website or social media platforms, they have outlined various ways they have helped Kenyans to receive justice after being denied proper administrative services both at the county and the national level.

Mr. Deputy Speaker, Sir, the two Commissions, that is the Office of the Ombudsman and KNHREC are complementary and not competitive. For example, the right to access information is provided by the Constitution. The Access to Information Act, 2016 goes into detail as to the disclosure of information by public entities. The office of the Ombudsman has given the oversight and enforcement functions to the Access of Information Act, 2016. This is a specific assignment which does not negate having the KNHREC as well.

It is my hope that Senators will support this Bill and make proposals to enrich it at the Committee Stage. I further recommend amendments to Section 8C, 32(2) (b) and 42

This office will also come in handy when it comes to performance contracting. It will have data on complaints, the nature of the complaints and how they were addressed. For example, in a situation where there are delays in getting identity cards, it is possible to find out how many people came with such complaints and how they were assisted. If those complaints were resolved, that is an indicator of efficiency for that particular office.

The Office of the Ombudsman is important because it promotes constitutionalism. It ensures that we empower and serve wananchi selflessly. We must be selfless in defending the Constitution. We must be selfless in ensuring that services reach the common man at the grassroots level.

I urge Senators to support this Bill. Let us see the light at the end of the tunnel for purposes of ensuring that we, as the Senate, are serving the common man as we represent counties and also defend their interests. That is our core mandate as leaders.

With those few remarks, I second.

Mr. Deputy Speaker, Sir, this office will ensure that service delivery to wananchi is efficient and effective. As a Senate, it is exactly what we want. That is why we are fighting for delivery of services so that they reach the common man. This office will also ensure that public officers comply with Article 6 of the Constitution and are made accountable to serve selflessly.

Sometimes in the counties, you find issues that have been reported to the police but they do not take action. There are also instances where a person can have a case with the Occurrence Book (OB) number but when they make a follow up, the case disappears into thin air. This is where service is not delivered effectively and justice is delayed. However, the office of the Ombudsman will ensure that services are delivered to the common man.

One of the things that this office will do is to ensure that there is an indicator of performance which will be the number of complaints gotten from the public and how many have been solved. This will ensure that people do not abdicate their duties and responsibilities.

Mr. Deputy Speaker, Sir, some of the cases that are taken to court and take a long time to be resolved can easily be resolved at the county level. There are alternative ways of solving dispute, for example, in a situation where neighbours are not in good terms and there is a conflict, negotiation and arbitration comes in handy.

The office of the Ombudsman will ensure that some of the cases that pile up in courts are resolved at the county level so that serious cases go to court and are given the attention that they deserve. It will also ensure that there will be no congestion that is experienced in public offices in Nairobi and elsewhere, because services will be devolved.

This Bill also seeks to amend Section 6. It is proposed here that Nairobi will be the headquarters of the Ombudsman. We will also have satellite offices for the Ombudsman in the 47 counties. This is a noble idea. Nairobi is cosmopolitan and the capital city of Kenya. It is well meaning that we have it as the headquarters of the Ombudsman. In case of any referrals that need to be done from the counties we can do teleconferencing.

There is a seamless way of sorting out issues at both national and county levels. Nairobi is where we find most national offices. It will now be possible to ensure that services are delivered to wananchi from the national level to the county level.

This office should be a stand-alone office. It may be very expensive to initiate this process in all the counties. However, it will be cost effective in ensuring that we are defending our Constitution. Article 1 of the Constitution clearly says that this country belongs to the people of Kenya. Therefore, we must ensure that services go to the people of Kenya. We want to ensure that these services are delivered effectively and efficiently so that our people are happy. Our goal is to serve our people at all levels.

The office of the Ombudsman has a scope. It will be mandated with the task of capacity building in the counties. At county level, officers will be trained on how to listen to the public and register their complaints. With capacity building at the county level, Kenyans from all walks of life will be served efficiently.

This office will also come in handy when it comes to performance contracting. It will have data on complaints, the nature of the complaints and how they were addressed. For example, in a situation where there are delays in getting identity cards, it is possible to find out how many people came with such complaints and how they were assisted. If those complaints were resolved, that is an indicator of efficiency for that particular office.

The Office of the Ombudsman is important because it promotes constitutionalism. It ensures that we empower and serve wananchi selflessly. We must be selfless in defending the Constitution. We must be selfless in ensuring that services reach the common man at the grassroots level.

I urge Senators to support this Bill. Let us see the light at the end of the tunnel for purposes of ensuring that we, as the Senate, are serving the common man as we represent counties and also defend their interests. That is our core mandate as leaders.

With those few remarks, I second.

creating, we want it to be headquartered in Nairobi? I suggested a headquarter outside Nairobi in the Tea Bill, but I could not convince my colleagues in the Ministry of Agriculture.

Mr. Deputy Speaker, Sir, Sen. Were may suggest that we have the headquarter outside Nairobi. You can even suggest Bungoma or Kisumu. After all, in a Bill like this one, the office of the Ombudsman will have representatives or branches in each of the 47 counties. What is the problem taking these headquarters to Kisumu, Mandera or Turkana? Think about any other part of the country that has not had the opportunity of hosting a national Government institution.

We keep on talking about integration and building bridges, yet all that we are doing is lip service. We are not committing any deliberate action to bring Kenyans together. How will the people in Turkana know how people in Narok or Kisumu live, if we cannot ensure that the headquarters of such important institutions are decentralized to such places?

Sen. Were perhaps has a better opportunity than I had with the Tea Bill of trying to relocate headquarters to the counties. She can pick any of the 47 counties. After all, there will be a representative office in each of the 47 county headquarters. There is no reason why the headquarters of the Ombudsman office cannot be taken to any other part of the country.

Mr. Deputy Speaker, Sir, one of the things that Sen. Were may also need to consider is how the county assemblies can have a say in the operations of the county offices. If we are speaking about counties, then we go ahead and legislate on how the national Parliament will nominate persons to the offices and oversight them, what about our county assemblies? I believe that somewhere within the framework of these offices, there can be a say at least of reports that the Ombudsman is supposed to present before the county assembly or how the county assembly oversights the operations of the county offices.

There must at least be annexes that you need to establish so that public officials in our county governments know that the resident Ombudsman oversights their actions and it is not just the county assembly that gets to see how they perform their duties. There needs to be a way that we ensure that happens.

If you read more about the office of the Ombudsman in many other jurisdictions like the United Kingdom (UK), they are actually domiciled within parliaments. In other jurisdictions, they are referred to as Parliamentary Ombudsman Office. This is because parliaments are a gathering of the people. This is where the complaints about maladministration are found. It will, therefore, be important for us to knit it together to ensure that the resident Ombudsman office in a particular county, at least, has a connection with the resident county assembly so that the MCAs can channel some of the complaints that they have with public officers into this particular office.

Mr. Deputy Speaker, Sir, part of what an Ombudsman does is to send recommendations including proposing alterations of by-laws and different laws. They can send the same to county assemblies with proposals on how certain issues should be dealt with. That is something that you may want to consider.

I have noted with concern that in this Bill, Parliament and the National Assembly are used interchangeably. This is the Twelfth Parliament and we know how much we have run into issues in that regard. It is important that Sen. Were checks keenly and ensures that in the place where she means Parliament, let it be Parliament and where she means the National Assembly, let it be the National Assembly.

We should be serious about the business of considering laws and not add additional powers to our colleagues in the National Assembly, yet we continue to learn and realize that when creating a county office, the Senate should have a say in terms of the people who occupy those particular offices. If the Inspector-General of Police is vetted by this House, then who else can we not vet? In the Constitution, there is no law that will deter us from ensuring that the people who are nominated to be county Ombudsmen are not taken through a nomination process via this House.

Mr. Deputy Speaker, Sir, I urge Sen. Were to stick with the work of Parliament as opposed to the National Assembly. We would like to know the persons going to check the public officers in the counties, for example, I would like to have a say on who goes to check public officers in Kericho County. There is a sense with which someone respects you when they know that you had a say in how they got into that particular office or for that matter, how they can get out of that particular office.

Finally, it will be important for us to also consider how after nominating someone to sit in the Ombudsman office, what if they get into office and fail to perform as expected by the citizens of that particular county? What is the recall process? Can a Senator, for example, have a say over that particular officer? Can the MCAs or the Members of the National Assembly have a say over that particular issue?

Mr. Deputy Speaker, Sir, overall, this is a good law and practice. I expect our colleagues who sit in the County Public Accounts and Investments Committee (CPAIC) to consider doing the same for the Office of the Auditor-General. I do not see why the Office of the Auditor-General is not in every county. It should be anchored in an Act of Parliament that every county deserves to have the office of the Auditor-General represented.

As a Senator, I should walk to the office in Kericho, for example, and ask them if they are aware of certain things. Audit should be an underlying process as opposed to checking where people went wrong.

Mr. Deputy Speaker, Sir, with those many remarks, I beg to support and urge my colleague, Sen. Were, to consider some of the proposed amendments. I thank you.

creating, we want it to be headquartered in Nairobi? I suggested a headquarter outside Nairobi in the Tea Bill, but I could not convince my colleagues in the Ministry of Agriculture.

Mr. Deputy Speaker, Sir, Sen. Were may suggest that we have the headquarter outside Nairobi. You can even suggest Bungoma or Kisumu. After all, in a Bill like this one, the office of the Ombudsman will have representatives or branches in each of the 47 counties. What is the problem taking these headquarters to Kisumu, Mandera or Turkana? Think about any other part of the country that has not had the opportunity of hosting a national Government institution.

We keep on talking about integration and building bridges, yet all that we are doing is lip service. We are not committing any deliberate action to bring Kenyans together. How will the people in Turkana know how people in Narok or Kisumu live, if we cannot ensure that the headquarters of such important institutions are decentralized to such places?

Sen. Were perhaps has a better opportunity than I had with the Tea Bill of trying to relocate headquarters to the counties. She can pick any of the 47 counties. After all, there will be a representative office in each of the 47 county headquarters. There is no reason why the headquarters of the Ombudsman office cannot be taken to any other part of the country.

Mr. Deputy Speaker, Sir, one of the things that Sen. Were may also need to consider is how the county assemblies can have a say in the operations of the county offices. If we are speaking about counties, then we go ahead and legislate on how the national Parliament will nominate persons to the offices and oversight them, what about our county assemblies? I believe that somewhere within the framework of these offices, there can be a say at least of reports that the Ombudsman is supposed to present before the county assembly or how the county assembly oversights the operations of the county offices.

There must at least be annexes that you need to establish so that public officials in our county governments know that the resident Ombudsman oversights their actions and it is not just the county assembly that gets to see how they perform their duties. There needs to be a way that we ensure that happens.

If you read more about the office of the Ombudsman in many other jurisdictions like the United Kingdom (UK), they are actually domiciled within parliaments. In other jurisdictions, they are referred to as Parliamentary Ombudsman Office. This is because parliaments are a gathering of the people. This is where the complaints about maladministration are found. It will, therefore, be important for us to knit it together to ensure that the resident Ombudsman office in a particular county, at least, has a connection with the resident county assembly so that the MCAs can channel some of the complaints that they have with public officers into this particular office.

Mr. Deputy Speaker, Sir, part of what an Ombudsman does is to send recommendations including proposing alterations of by-laws and different laws. They can send the same to county assemblies with proposals on how certain issues should be dealt with. That is something that you may want to consider.

I have noted with concern that in this Bill, Parliament and the National Assembly are used interchangeably. This is the Twelfth Parliament and we know how much we have run into issues in that regard. It is important that Sen. Were checks keenly and ensures that in the place where she means Parliament, let it be Parliament and where she means the National Assembly, let it be the National Assembly.

We should be serious about the business of considering laws and not add additional powers to our colleagues in the National Assembly, yet we continue to learn and realize that when creating a county office, the Senate should have a say in terms of the people who occupy those particular offices. If the Inspector-General of Police is vetted by this House, then who else can we not vet? In the Constitution, there is no law that will deter us from ensuring that the people who are nominated to be county Ombudsmen are not taken through a nomination process via this House.

Mr. Deputy Speaker, Sir, I urge Sen. Were to stick with the work of Parliament as opposed to the National Assembly. We would like to know the persons going to check the public officers in the counties, for example, I would like to have a say on who goes to check public officers in Kericho County. There is a sense with which someone respects you when they know that you had a say in how they got into that particular office or for that matter, how they can get out of that particular office.

Finally, it will be important for us to also consider how after nominating someone to sit in the Ombudsman office, what if they get into office and fail to perform as expected by the citizens of that particular county? What is the recall process? Can a Senator, for example, have a say over that particular officer? Can the MCAs or the Members of the National Assembly have a say over that particular issue?

Mr. Deputy Speaker, Sir, overall, this is a good law and practice. I expect our colleagues who sit in the County Public Accounts and Investments Committee (CPAIC) to consider doing the same for the Office of the Auditor-General. I do not see why the Office of the Auditor-General is not in every county. It should be anchored in an Act of Parliament that every county deserves to have the office of the Auditor-General represented.

As a Senator, I should walk to the office in Kericho, for example, and ask them if they are aware of certain things. Audit should be an underlying process as opposed to checking where people went wrong.

Mr. Deputy Speaker, Sir, with those many remarks, I beg to support and urge my colleague, Sen. Were, to consider some of the proposed amendments. I thank you.

Indeed, the remarks are many. The rules of debate require you to say things which have not been said by others.

passports and pensions, abuse of office by public officers and irregular allocation of land. All these things are dealt with in the counties. If offices of the Ombudsman are established in all the counties, it will provide counties with a framework within which to provide services to people.

Mr. Deputy Speaker, Sir, I do not want to belabour this too much. This is a timely Bill that needs to be supported and implemented and I look forward to the implementation of the provision of this Bill. Once again, I congratulate Sen. Were for bringing this Bill which is timely.

I thank you.

and devolution. Therefore, it is one of the most important Bills of our time. I am happy to note that this House has seen it fit to ensure that we pass it.

Among the roles of the CAJ is to safeguard special rights. It promotes compliance of the rights of the minority and marginalised groups in public administration. This complements its duty to ensure protection and promotion of human rights and freedom in public administration. Therefore, this Bill not only seeks to promote devolution and constitutionalism but also to uphold the rights of the marginalised and especially the poor people who usually do not get services.

We have poor people who cannot afford to come to Nairobi or go to the few offices of the Ombudsman in this country. This Bill seeks to take services close where people live and work. Decentralisation of the Office of the Ombudsman is both a human rights and devolution issue.

This Bill is important because it seeks to ensure that the Office of the Ombudsman provides alternative dispute resolution mechanisms. That is important since not everybody can access justice because our courts are expensive. Sometimes cases take long, therefore, denying justice to the people that most need it. Having the Office of the Ombudsman devolved to the 47 counties is not just cascading work but it will ensure that we strengthen mechanisms for alternative dispute resolution.

In addition, the office of the Ombudsman is supposed to enhance capacity building to Government institutions. No wonder, we have capacity gaps when it comes to provision of services in our counties. With this Bill, counties will be protected and their capacities built to enhance service delivery to our people. With the passage of this Bill, capacities of the counties will be built and mechanisms for alternative dispute resolution put in place. Marginalised groups will also access fair and justice services on time.

The mandate of the office of the Ombudsman is to give advisory opinion and make recommendations. The CAJ also makes recommendations on legal policy or administrative measures to address specific concerns. The recommendations may be published or kept confidential. Therefore, our people will get legal policy or administrative services right where they need them in the counties. Therefore, this Bill will mitigate risks of our counties not being centres of service provision that our people need. These are some of the issues that the Bill seeks to address in terms of provision of legal services and mechanisms for alternative dispute resolution.

This Bill is timely. It seeks to address maladministration or malpractices as a result of delaying services, inaction, inefficiency, ineptitude, discourtesy and non- responsiveness of some officers working in public institutions, not just at the county level but also at the national level. Issues of conduct and integrity have also been taken care of. The CAJ will investigate improper conduct, abuse of power and misbehavior in public service.

Provision of such services at the county level cannot be gainsaid. Therefore, we should support this Bill. As protectors of counties and county governments as enshrined in Article 96 of our Constitution, we should support this Bill which seeks to strengthen devolution by taking services closer to the people.

I do not want to belabour the point but there are many complaints about inaction by the police, unfair dismissal from work, delays in receiving identification cards,

passports and pensions, abuse of office by public officers and irregular allocation of land. All these things are dealt with in the counties. If offices of the Ombudsman are established in all the counties, it will provide counties with a framework within which to provide services to people.

Mr. Deputy Speaker, Sir, I do not want to belabour this too much. This is a timely Bill that needs to be supported and implemented and I look forward to the implementation of the provision of this Bill. Once again, I congratulate Sen. Were for bringing this Bill which is timely.

I thank you.

Mr. Deputy Speaker, Sir, I will be very brief and go straight to the point because a lot of the issues I wanted to bring out have already been brought out by my colleagues. I support the amendments in this Bill. I congratulate my sister for coming up with such a timely Bill when we are talking about devolution because service delivery is key. Everyone in this country, regardless of where they come from and their economic position, must get services.

One of my biggest problems is to do with austerity measures. When austerity measures are introduced to curb Government spending, it makes it difficult for people to get services. I urge her to think about how such issues should be dealt with. By cutting on the expenditure, it is like the Government does not want services to be delivered to the people.

There is a reason why offices of the Ombudsman were established worldwide. I remember New Zealand was the fourth country to introduce the office of the Ombudsman.

A couple of years ago, I had an issue with the Judiciary because the court premises in Narok had not been completed and there was limited service delivery to the people of Narok. When I complained to the former Chief Justice, Hon. Willy Mutunga, he directed me to the office of the Ombudsman.

Bringing the headquarter of that office to Nairobi means that someone who does not know of the existence of that office will never get their services. Currently, the legislators act as the Ombudsman because people complain to them regarding the services that they are not receiving. The legislators are the ones who deal with issues of that office. We come up with laws and other than that, we pick up the phone and call particular Government offices to ask them the reason as to why they are not doing x, y, z.

Earlier on, we had the issue of people not getting birth certificates. If this office is devolved in Narok, Machakos or any other county, people can go there and report that they have not been issued with birth certificates or title deeds.

This is a timely Bill and I hope that we will all support it. I encourage my good friend, Sen. Were, to remove the clause that states that the headquarter will be in Nairobi. Instead, she should push for the 47 offices in the counties to have the same powers as the office in Nairobi because they all offer services. We should not send everything to Nairobi. If that office does not have enough budget, the people will not get services, not until the Senate or the Members of Parliament in the ‘Lower House’ allocate more money to it.

You said that you are going to ask your sister to amend the Bill.

Mr. Deputy Speaker, Sir, I stand corrected. I was talking of my sister, the distinguished Senator, Sen. Were, who is the sponsor of this Bill. I want her to think of a way of making this office permanent. I had consultations with her earlier on and she informed me that it is because this office is supposed to be merged with the Kenya National Human Rights and Equality Commission Office which has a sunset.

We always want services to be delivered to our people. We cannot have a clause that sees the end of this particular office. It is like saying that the office of the Chief Justice will one day cease to exist. I request my sister to differentiate the role of the Kenya National Human Rights and Equality Commission and the role of the Ombudsman. She should also ensure that the two roles are unique, independent and perpetual. It should not come to an end because service delivery does not end.

We also have to figure out a way of letting the people know that this office does exist. Very few people in this country read the newspaper or have access to information on legislation. I do not know how far the Committee has gone with public participation on this Bill though we should look for a way that will enable the Ombudsman to go around the 47 counties with the intention of making the citizens know of the existence of that office and its function, which is to assist them if they are denied certain services.

With those many remarks, I beg to support.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Commission on Administrative Justice (Amendment) Bill (Senate Bills No. 6 of 2019) .

The right to administrative action is a right that is enshrined in Article 47 on Fair Administrative Action Act. The Constitution is clear on how we are supposed to ensure that Kenyans get the services that they deserve but that has not been the case.

The Commission on Administrative Justice is a split in Article 59 of the Constitution with regard to the Kenya National Human Rights and Equality Commission which in the wisdom of implementation, was divided into three; the Kenya National Commission on Human Rights, Commission on Administrative Justice (CAJ) and the National Gender and Equality Commission.

There have been serious issues of maladministration in CAJ with regard to public service delivery. This country has not demonstrated that public service administration can become part and parcel of our governance and elements of self-determination through

You said that you are going to ask your sister to amend the Bill.

Mr. Deputy Speaker, Sir, I stand corrected. I was talking of my sister, the distinguished Senator, Sen. Were, who is the sponsor of this Bill. I want her to think of a way of making this office permanent. I had consultations with her earlier on and she informed me that it is because this office is supposed to be merged with the Kenya National Human Rights and Equality Commission Office which has a sunset.

We always want services to be delivered to our people. We cannot have a clause that sees the end of this particular office. It is like saying that the office of the Chief Justice will one day cease to exist. I request my sister to differentiate the role of the Kenya National Human Rights and Equality Commission and the role of the Ombudsman. She should also ensure that the two roles are unique, independent and perpetual. It should not come to an end because service delivery does not end.

We also have to figure out a way of letting the people know that this office does exist. Very few people in this country read the newspaper or have access to information on legislation. I do not know how far the Committee has gone with public participation on this Bill though we should look for a way that will enable the Ombudsman to go around the 47 counties with the intention of making the citizens know of the existence of that office and its function, which is to assist them if they are denied certain services.

With those many remarks, I beg to support.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Commission on Administrative Justice (Amendment) Bill (Senate Bills No. 6 of 2019) .

The right to administrative action is a right that is enshrined in Article 47 on Fair Administrative Action Act. The Constitution is clear on how we are supposed to ensure that Kenyans get the services that they deserve but that has not been the case.

The Commission on Administrative Justice is a split in Article 59 of the Constitution with regard to the Kenya National Human Rights and Equality Commission which in the wisdom of implementation, was divided into three; the Kenya National Commission on Human Rights, Commission on Administrative Justice (CAJ) and the National Gender and Equality Commission.

There have been serious issues of maladministration in CAJ with regard to public service delivery. This country has not demonstrated that public service administration can become part and parcel of our governance and elements of self-determination through

due process. That is because we are still dealing with issues of how public officials react to requests by the public. In fact, the members of the public have been forced to pay for services that are supposed to be free.

This has been shared as if it is a function of the devolved governments. The bureaucratisation of county governments has not allowed people to appreciate the social welfare mechanism around the institution of governorship and Members of County Assemblies as to occasion proper service delivery. In the first five years of devolution, we saw the governors buy ambulances that were to be used to refer patients to the national hospitals rather than deal with the issue. One can tell that there is no proper documentation on how members of the public have benefited from the functions of devolved government.

Therefore, these forms of maladministration require some kind of repository where people can get recourse. I am afraid to say that even at the national level we have not seen this happening. I have just received a letter from the Commission on Administrative Justice (CAJ) on a gentleman called Kosgey who was unfairly dismissed by the Kenya Dairy Board. There is another gentleman whose hand was cut off while working with Kakuzi Limited. If you look at Kenya Dairy Board and Kakuzi Limited it is about a devolved function, which is agriculture, but then they still have to come to Delta House to be heard.

Mr. Deputy Speaker, Sir, what is interesting is that even when CAJ writes to these entities, they take forever to respond. There are two letters in my office. One is by the CAJ asking the Kenya Dairy Board to respond, and it has been over a year. I have another letter by the Ministry of Labour and Social Protection to Kakuzi Limited on that gentleman whose hand was chopped off. Many people come to my office - as a Senator - so that I can help them access administrative justice. I congratulate Sen. Were because it means that there will be staff that will be responsible for these kinds of procedures.

I remember when I used to work in the public service, maladministration and inattention, and all those kinds of big words that are used to demonstrate lack of service delivery, were being domesticated around the office of the public information, where I used to be a public communications manager. However, that is not enough. We need to have a kind of referral and curative mechanism, so that we are able not just to go for court review or tribunal as envisaged in the Constitution, but also how we can have superiors in forms of decision making being able to cure that which has already occurred at the local level.

I would also want also add that much as we have a sunset clause on the issue of human rights - because it is the gamut of human rights - we need to also separate, so that we also create a system that shows how we can improve our public service delivery at the county level.

Mr. Deputy Speaker, Sir, I strongly support and reiterate that we must also not be caught up in the contestations around bi-cameralism. Let us just clearly state unequivocally the role to the Senate with regards to oversight of such functions.

Mr. Deputy Speaker, Sir, I support.

I also noted, when I was addressing the issues that were touching on my village, that they had very lean personnel, leading to inefficiency at the end of the day. If we devolve, it means that there will be more personnel to serve the people. It also means that they will be able to reach out. When I was being served, there was very little that could be done. At some point we were told that the officer concerned was not there and we had to wait yet, we had come all the way to be able to access the service. This Bill will ensure that we devolve the services with the personnel and the resources required. Therefore, it will be reachable to the people.

I also notice that they do ratings. There are reports – I think they are quarterly reports - from institutions that are given to the Ombudsman, on the performance and compliance. If the office of the ombudsman is devolved to the counties, it will be easier to encourage good performance and ratings. I am sure that no institution will want to be rated low or the last. Therefore, at the end of the day, with those reports that the Ombudsman also gives, it will encourage good performance and our people to give the services in a better way.

Mr. Deputy Speaker, Sir, I thank Sen. Petronila for, initially, coming up with a Motion and proceeding to come up with this very encouraging Bill.

Mr. Deputy Speaker, Sir, I support.

Thank you, Mr. Deputy Speaker, Sir. I would like to thank all the Senators who have contributed to this Bill. Sen. (Dr.) Musuruve and Sen. Halake have talked about the Office of the Ombudsman providing an alternative dispute resolution mechanism. This will reduce court cases and, therefore, give justice to Kenyans who are seeking proper service delivery. Sen. (Dr.) Musuruve also talked about performance contracting as a way of encouraging proper administrative justice. Sen. Cheruiyot talked at length about the Office of the Ombudsman operating like inspectors, who can go to a public institution and find out how services are being offered. He proposed several amendments, which I will consider.

Sen. Halake also said that this Bill will be a relief to the marginalized, as it will touch on their rights and fill the capacity gaps in public service delivery. This will then be filled by some of the feedback, which is a result of the Ombudsman interventions. Sen. Olekina had some budgetary concerns, which I had also espoused earlier. The concerns are that we need to give this office more money so that they can devolve fully, as is required. The Office of the Commission on Administrative Justice (CAJ) or the Ombudsman and the Kenya National Human Rights Commission (KNHRC) are complimentary and not competitive. Therefore, they cannot merge into one.

Sen. Mwaura talked about fair administration being a basic human right; and I thank him for that contribution. Sen Pareno, who seconded it when it came as a Motion in 2018, said that there have been actual remedies provided by the office of the Ombudsman in her area. She encouraged Kenyans to seek out the services of the Office of the

Thank you, Mr. Deputy Speaker, Sir, for allowing me to contribute to this Bill. I thank Sen. Petronila for coming up with this Bill, whose effect will be to devolve the office of the Ombudsman. It will also take services down to the people.I once had an encounter with the Office of the Ombudsman and felt that it actually does justice. One’s complaints are heard faster. Being a lawyer, I would have preferred to go to court, but looking at the circumstances surrounding the issue that I was handling, which was behalf of my community, where there was interference in terms of supply of electricity--- We had a lady who just came and said: “Yes, I am the Member of Parliament (MP) here and there shall not be supply of power in this village.” We felt discriminated. That is when it occurred to me that the Office of the Ombudsman existed. We had options to weigh, including going to court. Of course, we were able to flex our muscles to show that we were in that village and nobody would make decisions on our behalf. We would make our own decisions. We went to the Rural Electrification Authority (REA) offices and got that power, while somebody somewhere was saying: “This power supply shall not be.”Mr. Deputy Speaker, Sir, that is when it occurred to me that it is faster to go to the Ombudsman office. It was cheaper, less complex and without pleadings. We found a form which we just filled. We did not even have to call witnesses. All we did was to file in statements, stating exactly what we were complaining about, and within no time, the matter was heard and determined.I kept saying that, that was an alternative way of handling disputes that do not necessarily have to call for court intervention. Whoever thought of the office of the Ombudsman, thought of how services could be delivered to the people.Also, by creating county offices, we will be raising awareness. This is because I realised that it was I, the lawyer, and another person who is learned, who knows that there exists an Ombudsman in this country or other institutions. If we could concentrate on implementing the objectives of this Bill, to ensure we have the office of the Ombudsman in the 47 counties, people will be aware that there is also this alternative mode of dispute resolution. This devolution would help in raising awareness in as far as the mandate of the Ombudsman is concerned.It is like the people against their own Government, and we know how the citizens behave. When it is the Government they just submit. They do not know they can question their own authorities and properly question them within the ambit of the Ombudsman without so much friction.Mr. Deputy Speaker, Sir, this will also help to take care of issues of unfair decision and abuse of power and corruption, because it will be reachable. I accessed the Office of the Ombudsman because I knew there was such an office. I even checked on Google to find their location since I did not know. I had to come to Nairobi all the way from Kajiado. You can imagine how accessible it will be if at the end of the day we have it in the counties. It is less expensive and accessible. You can imagine if it was that village woman who was to wake up and get into a Matatu to find the Office of the Ombudsman, which is somewhere in Westlands, Nairobi. This definitely, will go a long way to make it accessible and to ensure that the people will get the services.

I also noted, when I was addressing the issues that were touching on my village, that they had very lean personnel, leading to inefficiency at the end of the day. If we devolve, it means that there will be more personnel to serve the people. It also means that they will be able to reach out. When I was being served, there was very little that could be done. At some point we were told that the officer concerned was not there and we had to wait yet, we had come all the way to be able to access the service. This Bill will ensure that we devolve the services with the personnel and the resources required. Therefore, it will be reachable to the people.

I also notice that they do ratings. There are reports – I think they are quarterly reports - from institutions that are given to the Ombudsman, on the performance and compliance. If the office of the ombudsman is devolved to the counties, it will be easier to encourage good performance and ratings. I am sure that no institution will want to be rated low or the last. Therefore, at the end of the day, with those reports that the Ombudsman also gives, it will encourage good performance and our people to give the services in a better way.

Mr. Deputy Speaker, Sir, I thank Sen. Petronila for, initially, coming up with a Motion and proceeding to come up with this very encouraging Bill.

Mr. Deputy Speaker, Sir, I support.

Thank you, Sen. Pareno. It is Sen. Were and not Sen. Petronila. You cannot use the First name and the title at the same time.

I now call upon the Mover to reply. Proceed, Sen. Were.

Thank you, Mr. Deputy Speaker, Sir. I would like to thank all the Senators who have contributed to this Bill. Sen. (Dr.) Musuruve and Sen. Halake have talked about the Office of the Ombudsman providing an alternative dispute resolution mechanism. This will reduce court cases and, therefore, give justice to Kenyans who are seeking proper service delivery. Sen. (Dr.) Musuruve also talked about performance contracting as a way of encouraging proper administrative justice. Sen. Cheruiyot talked at length about the Office of the Ombudsman operating like inspectors, who can go to a public institution and find out how services are being offered. He proposed several amendments, which I will consider.

Sen. Halake also said that this Bill will be a relief to the marginalized, as it will touch on their rights and fill the capacity gaps in public service delivery. This will then be filled by some of the feedback, which is a result of the Ombudsman interventions. Sen. Olekina had some budgetary concerns, which I had also espoused earlier. The concerns are that we need to give this office more money so that they can devolve fully, as is required. The Office of the Commission on Administrative Justice (CAJ) or the Ombudsman and the Kenya National Human Rights Commission (KNHRC) are complimentary and not competitive. Therefore, they cannot merge into one.

Sen. Mwaura talked about fair administration being a basic human right; and I thank him for that contribution. Sen Pareno, who seconded it when it came as a Motion in 2018, said that there have been actual remedies provided by the office of the Ombudsman in her area. She encouraged Kenyans to seek out the services of the Office of the

Sen. Were, I assume you are on a point of order now. What is your point of order? This learning curve is taking forever; you cannot combine replying and making another request.

You are, therefore, now on a point of order. What is it Sen. Were?

Mr. Deputy Speaker, Sir, pursuant to Standing Order 61 (3) , I beg that you defer putting of the question to a later date.

It is so ordered. The Division will be tomorrow.

Hon. Senators, that brings us to the end of that Order. I will reorganize the order of proceedings for the remainder of the sitting. Therefore, I direct that we now move to the Committee of the Whole. I direct that Orders No.11 and 15 be dealt with in the Committee of the Whole.

Mr. Deputy Speaker, Sir, pursuant to Standing Order 61 (3) , I beg that you defer putting of the question to a later date.

It is so ordered. The Division will be tomorrow.

Hon. Senators, that brings us to the end of that Order. I will reorganize the order of proceedings for the remainder of the sitting. Therefore, I direct that we now move to the Committee of the Whole. I direct that Orders No.11 and 15 be dealt with in the Committee of the Whole.

Hon. Senators, we are now in the Committee of Whole considering the Local Content Bill (Senate Bills No.10 of 2018) .

The Division will be at the end. Clause 5 and 6

The Division will be at the end. Clause 7

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 7 of the Bill be amended –

The Division will be at the end. Clause 8

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 8 of the Bill be amended –

The Division will be at the end. Clause 9

The Division will be at the end. Clause 10

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 10 of the Bill be amended in sub-clause

(2)

by inserting the words “the relevant Ministries and the relevant stakeholders” immediately after the words “the county governments).

The Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 8 of the Bill be amended –

The Division will be at the end. Clause 9

The Division will be at the end. Clause 10

- THAT, Clause 11 of the Bill be amended by –

The Division will be at the end. Clause 12

Clause 11

Mr. Temporary Chairman, Sir, I beg to move- THAT, clause 22 of the Bill be amended –

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 26 of the Bill be amended –

Mr. Temporary Chairman, Sir, I beg to move- THAT, clause 27 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (4) – (4a) The Committee shall –

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 38 of the Bill be amended by –

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 42 of the Bill be amended by deleting the words “grant of a licence or” appearing immediately after the words “company in the”.

The Division will be at the end. Clauses 20 and 21 (Question, that Clauses 20 and 21 be part of the Bill, proposed) The Temporary Chairperson (

- THAT, clause 49 of the Bill be amended in sub-clause

(3)

by inserting the words “and non-Kenyans” immediately after the words “are Kenyan nationals” in paragraph

(e)

.

The Temporary Chairperson

(Sen. (Dr.) Lelegwe)

: The Division will be at the end. Clause 50

Mr. Temporary Chairman, Sir, I beg to move- THAT, clause 50 of the Bill be amended in the introductory clause to sub-clause

Mr. Temporary Chairman, Sir, I beg to move- THAT, clause 54 of the Bill be amended –

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 57 of the Bill be amended –

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 38 of the Bill be amended by –

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 42 of the Bill be amended by deleting the words “grant of a licence or” appearing immediately after the words “company in the”.

(Question of the amendment proposed) The Temporary Chairperson (

Mr. Temporary Chairman, Sir, pursuant to Standing Order 148 (1) , I beg to move that the Committee of the Whole do report progress on its consideration of the Local Content Bill (Senate Bills No. 10 of 2018) , and seek leave to sit again tomorrow.

Sen. (Dr.) Milgo seconded.

The Temporary Chairperson (Sen. (Dr.) Lelegwe) : Hon. Senators, we are still in the Committee of the Whole to consider The Mental Health (Amendment) Bill (Senate Bills No.32 of 2018) .

The Division will be at the end. Clauses 43 to 48(Question, that Clauses 43 to 48 be part of the Bill, proposed) The Temporary Chairperson (

Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 2 and substituting therefor the following new clause—

Mr. Temporary Chairperson, I beg to move- THAT, Clause 3 of the Bill be amended—

The Temporary Chairperson (Sen. (Dr.) Lelegwe): The Division will be at the end. Clause 5

Mr. Temporary Chairperson, I beg to move- THAT, Clause 5 of the Bill be amended –

The Division will be at the end. Clause 50

Mr. Temporary Chairman, Sir, I beg to move- THAT, clause 50 of the Bill be amended in the introductory clause to sub-clause

- THAT, Clause 7 of the Bill be amended—

Mr. Temporary Chairman, Sir, I beg to move- THAT, Clause 57 of the Bill be amended –

- THAT, clause 2 of the Bill be amended in the definition of the word “Cabinet Secretary” by deleting the words “the extractive industry” appearing immediately after the words “matters related to” and substituting therefor the word “devolution”. (Question of the amendment proposed) The Temporary Chairperson (

- THAT, Clause 10 of the Bill be amended—

Mr. Temporary Chairman, Sir, I beg to move- THAT the Bill be amended by deleting the Long Title and substituting therefor the following new Long Title –

Mr. Temporary Chairperson, I beg to move- THAT, Clause 13 of the Bill be amended by inserting the words “units and” appearing immediately after the words “Management of mental health”.

The Temporary Chairperson

(Sen. (Dr.) Lelegwe)

: The Division will be at the end. Clause 14

Mr. Temporary Chairperson, I beg to move- THAT, Clause 14 of the Bill be amended—

Mr. Temporary Chairperson, I beg to move- THAT Clause 17 of the Bill be amended in the proposed new section 10—

Mr. Temporary Chairman, Sir, pursuant to Standing Order 148 (1) , I beg to move that the Committee of the Whole do report progress on its consideration of the Local Content Bill (Senate Bills No. 10 of 2018) , and seek leave to sit again tomorrow.

The Division will be at the end. Clause 25

- THAT, Clause 25 of the Bill be amended in the proposed new section 15 A—

Mr. Temporary Chairperson, I beg to move- THAT, Clause 3 of the Bill be amended—

Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting clause 28 and substituting therefor the following new clause—

Mr. Temporary Chairperson, I beg to move- THAT, Clause 30 of the Bill be amended—

Mr. Temporary Chairperson, I beg to move – THAT, Clause 32 of the Bill be amended—

Mr. Temporary Chairperson, I beg to move – THAT the Bill be amended by deleting clause 33 and substituting therefor the following new clause—

Mr. Temporary Chairperson, I beg to move: – THAT, Clause 34 of the Bill be deleted and substituted with the following new clause—

- THAT, Clause 6 of the Bill be amended—

- THAT, clause 35 of the Bill be amended—

- THAT, Clause 7 of the Bill be amended—

- THAT, the Bill be amended by deleting clause 36 and substituting therefor the following new clause—

- THAT, Clause 8 of the Bill be amended by deleting the words “the county mental health council” appearing immediately after the words “committee of the Board” in the proposed new section 4C. (Question of the amendment proposed) The Temporary Chairperson (

- THAT clause 37 of the Bill be amended—

The Division will be at the end. Clause 9

- THAT, Clause 9 of the Bill be amended—

- THAT, Clause 10 of the Bill be amended—

Clause 13

- THAT, clause 43 of the Bill be amended—

Mr. Temporary Chairperson, I beg to move- Correction of admission procedure.

The Division will be at the end. Clause 14

Mr. Temporary Chairperson, I beg to move- THAT, Clause 14 of the Bill be amended—

- THAT, clause 45 of the Bill be amended by deleting the proposed new section 49 and substituting therefor the following new section—

- THAT, clause 46 of the Bill be amended by deleting the proposed new section 50 and substituting therefor the following new section—

- THAT, clause 47 of the Bill be amended by deleting the proposed new section 51 and substituting therefor the following new section—

- THAT, clause 48 of the Bill be deleted and substituted with the following new clause—

- THAT, clause 51 of the Bill be amended by—

Mr. Temporary Chairperson, Sir, pursuant to Standing Order 148, I beg to move that the Committee of the Whole do report progress on its consideration of The Mental Health (Amendment) Bill (Senate Bills No.32 of 2018) and seek leave to sit again tomorrow.

Mr. Temporary Chairperson, I beg to move – THAT, Clause 32 of the Bill be amended—

Mr. Temporary Chairperson, I beg to move – THAT the Bill be amended by deleting clause 33 and substituting therefor the following new clause—

Mr. Temporary Chairperson, I beg to move: – THAT, Clause 34 of the Bill be deleted and substituted with the following new clause—

Madam Temporary Speaker, I second.

Hon. Senators, we now move to reporting of progress by the Committee of the Whole on The Mental Health (Amendment) Bill (Senate Bills No.32 of 2018) .

- THAT, the Bill be amended by deleting clause 36 and substituting therefor the following new clause—

Madam Temporary Speaker, I beg to report progress that the Committee of the Whole has considered The Mental Health (Amendment) Bill (Senate Bills No.32 of 2019) and seeks leave to sit again tomorrow.

- THAT clause 37 of the Bill be amended—

Madam Temporary Speaker, I beg to move that the House do agree with the Committee of the Whole on the said Report. I request Sen. (Dr.) Mbito to second.

Madam Temporary Speaker, I second.

Hon. Senators, I am informed that there is still consultation going on regarding Order Number 17 – the Control of Stray Dogs Bill (Senate Bills No. 4 of 2019) and it therefore, stands deferred to another date.

- THAT clause 42 of the Bill be amended by deleting the proposed new section 44 and substituting therefor the following new subsection— Amendment of section 41 of Cap 248 39. Power to refuse reception into mental hospital.

Thank you, Madam Temporary Speaker. I beg to move the National Museum and Heritage (Amendment) Bill (Senate Bills No. 7 of 2019) . This Bill is very important because of the fact that museums are institutions that hold artefacts and articles---

Order, Sen. (Dr.) Milgo. You have not moved. Kindly move and read the entire title, as provided.

THAT, the Bill be amended by deleting clause 44 and substituting therefor the following new clause—

- THAT, clause 45 of the Bill be amended by deleting the proposed new section 49 and substituting therefor the following new section—

Order, Sen. (Dr.) Musuruve! You will have a balance of 15 minutes.

- THAT, clause 47 of the Bill be amended by deleting the proposed new section 51 and substituting therefor the following new section—

- THAT, clause 48 of the Bill be deleted and substituted with the following new clause—

- THAT, clause 51 of the Bill be amended by—

Mr. Temporary Chairperson, Sir, pursuant to Standing Order 148, I beg to move that the Committee of the Whole do report progress on its consideration of The Mental Health (Amendment) Bill (Senate Bills No.32 of 2018) and seek leave to sit again tomorrow.

Hon. Senators, we are reporting progress by the Committee of the Whole on The Local Content Bill (Senate Bills No.10 of 2018) .

Proceed, Chairperson.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered The Local Content Bill (Senate Bills No.10 of 2018) and seeks leave to sit again tomorrow. The Temporary Speaker (

Mover?

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report, and ask Sen. Seneta to second.

Madam Temporary Speaker, I second.

Hon. Senators, we now move to reporting of progress by the Committee of the Whole on The Mental Health (Amendment) Bill (Senate Bills No.32 of 2018) .

Madam Temporary Speaker, I beg to report progress that the Committee of the Whole has considered The Mental Health (Amendment) Bill (Senate Bills No.32 of 2019) and seeks leave to sit again tomorrow.

Proceed, Mover; Sen. Kasanga.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee of the Whole on the said Report. I request Sen. (Dr.) Mbito to second.

Madam Temporary Speaker, I second.

Hon. Senators, I am informed that there is still consultation going on regarding Order Number 17 – the Control of Stray Dogs Bill (Senate Bills No. 4 of 2019) and it therefore, stands deferred to another date.

Thank you, Madam Temporary Speaker. I beg to move the National Museum and Heritage (Amendment) Bill (Senate Bills No. 7 of 2019) . This Bill is very important because of the fact that museums are institutions that hold artefacts and articles---

Order, Sen. (Dr.) Milgo. You have not moved. Kindly move and read the entire title, as provided.

I am sorry, Madam Temporary Speaker. I beg to move that:- The National Museum and Heritage (Amendment) Bill (Senate Bills No. 7 of

Thank you, Madam Temporary Speaker, for giving me an opportunity to second this Bill. I truly commend, Sen. (Dr.) Milgo for coming up with these amendments, which are timely, because our youth seem lost and confused about their culture. We, as a nation, are losing out on our culture. Culture is a way of life and it is expressed in many ways. This can be through song, dressing, and language. It is also expressed in the way we treat others and our significant others. We need to do something to ensure that our youth are aware of our culture. Some of our youth do not know their culture and they have taken up so much of the West culture.

Madam Temporary Speaker, there are instances I get confused. This is I sometimes meet someone who I not sure of their gender. There is need to ensure that we pass on the right culture to our children. This will ensure that they know, for example,

how an African woman needs to appear like. They should know how a real Luhya, Kikuyu or Maasai woman needs to appear like.

Culture is important and is part of our heritage. I would like to commend the Senator for coming up with this Bill, because it is something we need to inculcate in our youth. When museums are set up in the counties, it will be possible for each county to do an inventory of the artefacts of its culture, and ensure that all of them are preserved in the museums.

Madam Temporary Speaker, coming up with museums in all counties will ensure that we are not only preserving our culture, but also making it a source of income, research and education. Talking about education, I am looking at a way in which we are impacting cultural knowledge to our children, so that they impact it also to their children and so on, and so forth. In the olden times, education was passed on from the grandmother to the next generations. That way, were able to get the core issues of our culture. When the National Museum and Heritage Act was enacted in 2006, the Constitution 2010 had not been promulgated. Therefore, cultural issues had not been devolved to the counties. Therefore, there is need for us to ensure that cultural issues are devolved to our counties. That way, counties can take it as their responsibility, to ensure that culture is passed on from one generation to another.

Madam Temporary Speaker, there is need to align the National Museum and Heritage Act with the county governments. There is need for every county to have an office of a County Heritage Inspector. Counties should also have structures that are respected and conform to other structures so that eventually, people are able to respect the museums.

Madam Temporary Speaker, Article 11 of our Constitution states clearly that we need to preserve our culture. There is, therefore, need to defend the Constitution by ensuring that we preserve our culture. We can do it by ensuring that we preserve the songs which were sung a long time ago. There are also some foods that are even medicinal. When we talk of mutere, tsiswa, tsisaga, tsinduma and all many other foods, they are healthy to eat. What is happening right now? People have abandoned the healthy foods and they have gone for fast foods, which cancerous.

Therefore, Madam Temporary Speaker, we need to ensure that we have these museums in the counties so that our youth can get to know the kind of foods that were eaten in our communities. They can be places where universities can do research on traditional foods and medicines. We used to have mukombero---

Order, Sen. (Dr.) Musuruve! You will have a balance of 15 minutes.