Wednesday, 19th June, 2019

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of legislative and procedural officers from Garissa County Assembly who are undertaking a week’s study visit and benchmarking in the Senate.

I request the officers to stand when call out so that they may be acknowledged in the Senate tradition.

They are-

Mr. Speaker, Sir, I wish to join you in welcoming the two Abdullahis from Garissa County Assembly. The Senate is the best place that they can benchmark. This is where the right decisions are made in as far as protecting counties and their governments is concerned.

Given that the county assembly is the primary oversight for counties, they need to learn as much as possible from the able secretariat in the Senate so that they can execute their mandate properly and ensure that corruption and mismanagement of resources in the counties is stemmed.

Mr. Speaker, Sir, in 2010, Kenyans voted for the new Constitution in support of devolution. I therefore urge counties starting with Garissa County that is represented by its secretariat here to ensure that county governments meet the aspirations of the voters in their counties.

In some counties like Wajir County where I come from, the first tarmacked road was constructed by the county government. There is something in devolution. This House together with the Members of the County Assemblies (MCAs) in the 47 counties need to protect devolution. Currently, there is so much talk against devolution and part of the reason for that is that county governments are corrupt and are not delivering promises to the people. The MCAs need to be counted by ensuring that they tackled the issue of corruption in the counties because poverty levels are very high in our country.

I thank you for allowing me to join you in welcoming the officers from Garissa County.

Mr. Speaker, Sir, I would like to welcome the two Abdullahis from Garissa County who are our neighbours. I hope that they will learn a lot from the Senate on how to perform their duties back home. Karibuni.

Next order.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Wednesday, 19th June, 2019: –

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Wednesday, 19th June, 2019: –

Report of the Standing Committee on Land, Environment and Natural Resources on the Natural Resources (Benefit Sharing) Bill (Senate Bills No.31 of 2018) .

Hon. Senators, kindly, note that we are referring to the Supplementary Order Paper.

Next Order.

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

THAT, pursuant to Standing Orders Nos.187 and 189, the House approves the nomination of the following Senators to serve in the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration - a) Sen. Millicent Omanga to replace Sen. Phillip Mpaayei; b) Sen. (Dr.) Christopher Langat to replace Sen. Gideon Moi; and c) Sen. (Dr.) Lelegwe Ltumbesi to replace Sen. Anuar Loitiptip.

Next Order.

Mr. Speaker, Sir, I rise pursuant to Standing Order 48 (1) , to seek a Statement from the Chairperson of the Standing Committee on Labour and Social Welfare, on the digital cab hailing applications (Apps) operating in Kenya.

In the Statement, the Chairperson should address the following-

I do not see any request to comment on this Statement so we will move to the next statement.

Kindly proceed, Sen. Farhiya.

Mr. Speaker, Sir, I rise pursuant to Standing Order 48 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding attacks by Al Shabaab terrorists in Wajir county involving the use of Improvised Explosive Devices (IEDs) on 6th May, 2018 and 5th June 2019 that led to the deaths of five police reservists and 12 police officers respectively.

In the Statement, the Committee should-

Sen. Farhiya, you have already read your Statement. You do not need to debate or explain.

Kindly, proceed, Sen. Iman.

Mr. Speaker, Sir, before I comment on the Statement by Sen. Farhiya, I would like to welcome the officers from Garissa County where I come from. I am sure that they will learn a lot from the Senate. I wish them well during their stay.

I would like to condemn the Statement by Sen. Farhiya because it is sad to lose lives.

Order Sen. Iman. Are you supporting or condemning the Statement by Sen. Farhiya?

Sen. Iman: I am supporting the Statement, Mr. Speaker, Sir. It is sad that lives have been lost. The terrorists’ motive is to end people’s lives. I grieve with the families of the dead soldiers. It is sad that the soldiers lost their lives while on duty. We should change on our methods of combating terrorism.

Thank you, Mr. Speaker, Sir. I join my colleagues in thanking Sen. Farhiya for this Statement. I would like to ride on that Statement and request the Chairperson of the Committee to provide information on the armoured vehicles that were bought. He should also tell us if the police officers who were killed by the improvised explosive device (IED) were using those vehicles or not.

I am supporting the Statement, Mr. Speaker, Sir. It is sad that lives have been lost. The terrorists’ motive is to end people’s lives. I grieve with the families of the dead soldiers. It is sad that the soldiers lost their lives while on duty. We should change on our methods of combating terrorism.

Ahsante Bw. Spika. Hilo jambo ni la kusikitisha. Ninatoa pole kwa familia ya wale waliopoteza maisha yao. Ni aibu ya kwamba kitendo kama hiki kinatendeka kila siku.

Bw. Spika, kuna kelele ambayo sielewi.

Ahsante Bw. Spika. Hilo jambo ni la kusikitisha. Ninatoa pole kwa familia ya wale waliopoteza maisha yao. Ni aibu ya kwamba kitendo kama hiki kinatendeka kila siku.

Bw. Spika, kuna kelele ambayo sielewi.

Senators, let us consult in low tones.

Bw. Spika, kuna vitengo vya ujasusi ambavyo vinaweza kuchunguza na kutuambia jinsi ya kuepuka janga kama hilo. Vitengo hivyo viko ndani ya serikali na watu hao wanalipwa mshahara. Ningependelea ya kwamba taarifa ya Sen. Farhiya ichukuliwe kwa umuhimu zaidi ili tupatiwe majibu mwafaka.

Mr. Speaker, Sir, I want to congratulate Sen. Farhiya for her Statement and I also want ride on it.

In answering the issues raised by Sen. Farhiya, the Committee should tell this House and the country, the number of uniformed men and women, in all armed formations, who have perished in the hands of terrorists, particularly in northern Kenya. They should also tell us what the Government has done to support the families of the deceased soldiers because most of them had young families. They should also tell us the measures undertaken by the Government to protect the soldiers. One would expect the armed men, who are working in dangerous areas such as Mandera, to be given armoured vehicles and gears. One would also expect them to have better weapons as compared to those of the terrorists. What measures have been taken?

Mr. Speaker, Sir, I do not want to ride on the Statement sought from my Committee. I want to give an undertaking on the issues which have been raised unless there are other Members who want to comment on that. I seek your guidance on that.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.48 (1) to seek for a Statement from the Standing Committee on Security, Defence and Foreign Relations on the escalating insecurity in Isiolo County.

Several towns along the Isiolo-Garissa border have been brought to a standstill as a result of frequent attacks that have led to loss of lives and several families have been forced to run away from their homes. Last week, we lost several lives and many people were injured.

Mr. Speaker, Sir, several meetings were held between the communities and Government officials to resolve the border dispute along Isiolo-Garissa border. However, the Government is yet to implement the resolutions. A few weeks ago, General Service Unit (GSU) officers were accused of harassing and displacing residents or Yakbarsadi. The officers used force on innocent civilians residing along the Isiolo-Meru border and

prevented them from accessing their grazing areas. The officers are currently stationed 100 meters from the chief’s camp, which is affecting the daily operations of the community.

In the Statement, the Chairperson should-

prevented them from accessing their grazing areas. The officers are currently stationed 100 meters from the chief’s camp, which is affecting the daily operations of the community.

In the Statement, the Chairperson should-

Thank you, Mr. Speaker, Sir. All these matters are quite weighty. Sen. Dullo’s matter on Isiolo and Garissa came to our Committee and we scheduled to visit those areas. As we endeavoured to do that, the legislators held a meeting with the Ministry and they advised us to hold a bit.

This matter is the same as the withdrawal of reservists in the North Rift and many other matters that come to the Floor. As we follow up on these matters, I urge the Senators to always update the Committee after their engagement with the Executive on a matter that they have raised here because the Senate has to conclude that issue. However, we will follow up on this, and I will talk to Sen. Dullo to update us on what happened after her meeting with the Cabinet Secretary, Ministry of Interior and Coordination of National Government, and the security agencies. We were also scheduled to have the---

that if you ask a question and the CS calls you for a meeting because you come from that county, you should now come and report to this House and tell us that you met and therefore, you do not need get the answer. That is not how this House works. If you seek a Statement and the CS calls leaders from that region and has an engagement with them, still the CS has a duty to appear before the Committee and report formally as to what that engagement means for the nation.

Mr. Speaker, Sir, it will never be the responsibility of any elected leader to come and report to any committee of this House because already the Committee works on our behalf. I just thought that must be corrected so that we do not create a very bad precedent.

that if you ask a question and the CS calls you for a meeting because you come from that county, you should now come and report to this House and tell us that you met and therefore, you do not need get the answer. That is not how this House works. If you seek a Statement and the CS calls leaders from that region and has an engagement with them, still the CS has a duty to appear before the Committee and report formally as to what that engagement means for the nation.

Mr. Speaker, Sir, it will never be the responsibility of any elected leader to come and report to any committee of this House because already the Committee works on our behalf. I just thought that must be corrected so that we do not create a very bad precedent.

Proceed, Sen. Sakaja.

Mr. Speaker, Sir, first of all, that is not a point of order in any way. It is the Senate Majority Leader who is grossly out of order.

Secondly, it is interesting that he is asking Sen. Orengo to listen yet he did not listen to what I said. In the first scenario, I said that we had already engaged with the person who had asked for the Statement and we planned to visit the area, when the Senator came back to us and said it had been agreed upon that we hold back our visit.

For good measure, even just for neatness, once an engagement like that occurs, in as much as the Senate Committee will continue to do its work, it is important for the Senator to also update the Committee. He should even update the Chairperson on the progress so far. These are issues raised by people from your counties. If there is an update, I think information is important. However, that does not stop us as, as a Committee, from continuing to pursue the matter.

Regarding the matter on withdrawal of police reservists, we are still pursuing a date when the CS and his team will come. As far as we are concerned - as the Senate Committee - that meeting was informal. It was not the Senate but individual Senators who went to meet the CS, but the Senate as a House is still seized of this matter. It is good for the Senate Majority Leader to also listen to others.

Mr. Speaker, Sir, on the second issue on Wajir, I have heard the riders. The information we should bring to this House sought by Sen. Farhiya is quite important. I have heard the questions asked by Sen. Wetangula and the other Senators, for us to state how many uniformed Kenyan officers lost their lives in the hands of Al Shabaab. We cannot bring that answer to this House because we are at war.

If we bring some of these matters here, the result will be just to exalt terrorism. Even in other jurisdictions such matters are brought in confidence to the Committee but we will not come here to issue a list of Kenyans who have died in this war. Global terror is a war in which we are engaged in as a country. We will make sure, as a Committee, that the Government commits itself to take care of those families because that is the privilege and responsibility of the Senate.

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

What is your point of order?

appointed by any authority whatsoever to start lecturing us on that. He is completely out of order.

appointed by any authority whatsoever to start lecturing us on that. He is completely out of order.

Sen. Sakaja, before you rise on your feet, I think the point they are raising is that, it is up to your Committee to look at the Statement that has been sought and check what is supposed to be presented here and what should not. That will be the prerogative of your Committee at that point when you are reporting, not now.

Mr. Speaker, Sir, as Chair of the Committee, I have to give an undertaking of what I will do. The question has been sought. Our Committee has dealt with these matters before and we know the limits to which we can go. It will also be very insincere of me to tell this House and Kenyans that I am going to bring a list of Kenyans killed by Al Shabaab; that we will not do. If Members of my Committee are uncomfortable, then we will bring it.

We must remain patriotic to this country. The questions asked in the Statement as approved by your office will be answered. I was talking about the riding Statements which cannot be brought before any parliament in the world by a country that is at war.

An hon. Member: Is there a war?

an interim response within a week. It is now more than a month since that time. I am speaking on behalf of my county; we have lost five people in Kerio Valley, two of whom were buried last Saturday. They were just in their farms and were shot dead by bandits because there were no police reservists to protect them.

I just cannot believe that although we had an informal meeting - which I was part of - it was not able to grill a CS from the perspective of the oversight of Parliament. Even when I was there, I told him that as long as the withdrawal of police reservists persist---

What are you raising? Is it a point of order?

On a point of order, Mr. Speaker, Sir. First of all, I hope a new precedent is not being set where a Statement is sought and a Chairman of a Committee comes to say a lot of English on how they will go about it. It is only your duty to give the House the timeframe in which the Committee will bring the response to the Statement. Thereafter, the Report will be debated the day they are issuing the Statement. Secondly, when we asked a Statement about withdrawal of national police reservists, the Chairman of the Committee, Sen. Sakaja, said he will call the CS and give

Of course, it is out of order for people to die. You know that, Senate Majority Leader. We cannot allow people to die. The Senate Majority Leader has said that you made an undertaking that you would give an answer within one week and you have not done that.

Mr. Speaker, Sir, I repeat - the Senate Majority Leader needs to listen - that matter is still on. We have communicated to the Ministry. There is an issue with scheduling and the Cabinet Secretary (CS) is still coming. We are getting a definitive date. When we invite a CS to the House as a Committee, I wish we could drag them from their offices to come here but you understand that there are channels through which we invite these CSs.

The invite went immediately I gave that undertaking and then they were not available because of a Cabinet sitting. They are still coming. As soon as the date is confirmed, because it is supposed to be next week, although we will be on recess, we will communicate. However, we are still on that matter.

On a point of order, Mr. Speaker, Sir. That is not how this House works. This House is empowered by law under Article 125 of the Constitution which says that we have the power to summon a CS to appear before this House. You have not summoned him. You have invited him. If he is not coming under invitation, you must issue writs and summon him to come here. Why? It is because we are not talking about maandazis and tea. We are talking about people dying every day.

We want the Chairperson, when he stands on the Floor of this House, to demonstrate the seriousness that this issue deserves, particularly on the matter of security and not to speak here like he is an apologist for the Executive. An answer must be given about why people are dying. The Chairperson must demonstrate the seriousness that goes with the positon he holds in terms of holding the Executive to account.

The Senate Minority Leader (Sen. Orengo) : On a point of order, Mr. Speaker, Sir. I am also very disturbed with what Sen. Sakaja has said. He is undermining the authority of Parliament. These days, you cannot conduct a war which is not subject to the

Of course, it is out of order for people to die. You know that, Senate Majority Leader. We cannot allow people to die. The Senate Majority Leader has said that you made an undertaking that you would give an answer within one week and you have not done that.

Mr. Speaker, Sir, I repeat - the Senate Majority Leader needs to listen - that matter is still on. We have communicated to the Ministry. There is an issue with scheduling and the Cabinet Secretary (CS) is still coming. We are getting a definitive date. When we invite a CS to the House as a Committee, I wish we could drag them from their offices to come here but you understand that there are channels through which we invite these CSs.

The invite went immediately I gave that undertaking and then they were not available because of a Cabinet sitting. They are still coming. As soon as the date is confirmed, because it is supposed to be next week, although we will be on recess, we will communicate. However, we are still on that matter.

On a point of order, Mr. Speaker, Sir. That is not how this House works. This House is empowered by law under Article 125 of the Constitution which says that we have the power to summon a CS to appear before this House. You have not summoned him. You have invited him. If he is not coming under invitation, you must issue writs and summon him to come here. Why? It is because we are not talking about maandazis and tea. We are talking about people dying every day. We want the Chairperson, when he stands on the Floor of this House, to demonstrate the seriousness that this issue deserves, particularly on the matter of security and not to speak here like he is an apologist for the Executive. An answer must be given about why people are dying. The Chairperson must demonstrate the seriousness that goes with the positon he holds in terms of holding the Executive to account. The Senate Minority Leader (

On a point of order, Mr. Speaker, Sir. I am also very disturbed with what Sen. Sakaja has said. He is undermining the authority of Parliament. These days, you cannot conduct a war which is not subject to the

Sen. Sakaja, before you even clarify, that is the danger of trying to respond on behalf of a Committee that has not met. You run into that kind of problem.

Please, in two minutes, clarify so that we make progress.

Mr. Speaker, Sir, we can make progress on these issues. The HANSARD will bear me out. Sen. Wetangula, I think you walked out when I responded to that particular matter.

The first issue raised by Sen. Orengo; yes, the country is at war which is based on the constitutional provisions that he has quoted. In 2011 – if I am not wrong – he was in the Cabinet and Parliament approved Kenya’s war against Al Shabaab and that has not been withdrawn.

We are not shy of bringing responses to this House. If anything, from this side of the House, there are very few Senators who have been less apologetic of the Executive. We will do it based on our Standing Orders and the rules of this House.

On the earlier question that the Senate Majority Leader is talking about, sometimes even as Chairpersons, once we have invited the Cabinet Secretary, beyond that, even dispatching the correspondence is not in the hands of the Committee. It is in the Office of the Speaker and the Clerk. The correspondence has gone, we are still on that matter and we are waiting for them to come on an agreed upon date on which Members will be alerted.

Sen. Farhiya, you have two minutes.

and they ran away. Confidentiality does not secure you anything. It is openness and sharing information--- Even the Bible says that truth shall set you free.

Order, Members. The next Statement is by Sen. (Eng.) Hargura.

You do not raise your hand; you press the button. What is it, Sen. Mwaruma?

Asante, Bw. Spika. Nimefinya kibonyezo cha intervention na microphone na kujaribu yote. Lakini Kiongozi wa Waliowengi, akibonyeza kibonyezo cha intervention, anaanza kuongea. Nimejaribu hiyo, ikashindikana.

Sen. Farhiya, you have two minutes.

Mr. Speaker, Sir, this House needs a Committee on Implementation. There is a question that I asked the Committee on National Security, Defence and Foreign Relations on September 2018 and up to now, it has never been answered. This is not the first time I am asking. So, there is merit in what the Senators are talking about. Security is an important component. Therefore, we need a more responsive Committee on National Security, Defence and Foreign Relations in this House.

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

What is your point of order, Sen. Poghisio?

Order, Member. Hiyo ndiyo tofauti ya Kiongozi wa Wengi na wewe.

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

Mr. Speaker, Sir, I rise pursuant to Standing Order No.48 (1) to seek a Statement from the Standing Committee on Roads and Transportation concerning the state of Loiyangalani Airstrip in Marsabit County.

In the Statement, the Committee should-

Those that I will give an opportunity should take two minutes because we have to vote.

Thank you, Mr. Speaker, Sir. I take this opportunity to thank the Senator for Marsabit for this Statement. I enjoin him and seek that the Committee should look at these issues. I believe that there are many airstrips in many counties that are still abandoned. The Committee can also look at other abandoned airstrips in the country and make appropriate recommendations.

Mr. Speaker, Sir, we have Mwea Airstrip, which I heard the other day that its land is being grabbed and people are constructing homes in the airstrips. Therefore, I seek that when the Committee embarks on this, they try to map out other airstrips that have been abandoned.

Mr. Speaker, Sir, I take the advantage that I have a microphone to say that I am concerned when the Senate Majority Leader complains of Statements that are not responded to. I do not know where we are supposed to refer ourselves to if the leadership is also complaining that Statements are not responded to.

I sought for a Statement on the status of Kerugoya Hospital and it was supposed to be responded within two weeks. However, to date, nobody has ever responded to me. Therefore, this is an issue that needs to be addressed.

Those that I will give an opportunity should take two minutes because we have to vote.

Thank you, Mr. Speaker, Sir. I take this opportunity to thank the Senator for Marsabit for this Statement. I enjoin him and seek that the Committee should look at these issues. I believe that there are many airstrips in many counties that are still abandoned. The Committee can also look at other abandoned airstrips in the country and make appropriate recommendations.

Mr. Speaker, Sir, we have Mwea Airstrip, which I heard the other day that its land is being grabbed and people are constructing homes in the airstrips. Therefore, I seek that when the Committee embarks on this, they try to map out other airstrips that have been abandoned.

Order, Members. Let us consult in low tones.

Mr. Speaker, Sir, I take the advantage that I have a microphone to say that I am concerned when the Senate Majority Leader complains of Statements that are not responded to. I do not know where we are supposed to refer ourselves to if the leadership is also complaining that Statements are not responded to.

I sought for a Statement on the status of Kerugoya Hospital and it was supposed to be responded within two weeks. However, to date, nobody has ever responded to me. Therefore, this is an issue that needs to be addressed.

Next Order.

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

Sen. Murkomen, let that pass. Proceed, Sen. Poghisio.

Mr. Speaker, Sir, I join in the Statement by the Senator for Marsabit. Most of these are security airstrips and there is a budget for them. We also have a budget for security roads. It is important for the Government to understand that this saves lives. Therefore, the Committee should consider the need to map and check on the airstrips which are good for all of us in each county. There are some which have been neglected in every county. For example, in West Pokot, Kapenguria and Turkwel, security airstrips are not functional. So, let us include all the security airstrips and we will be okay with the way we coordinate them.

Let me make a ruling on that. We should have confidence in our committees because they have the capacity to know what evidence to take and whom to summon and provide a comprehensive report thereafter. If a Member is not satisfied, they can still approach a committee and inquire more about areas that are not clear. You cannot say that since they failed to summon a CS, therefore the report is not good enough.

Thank you, Mr. Speaker, Sir, for this opportunity and I thank you for going to Taita-Taveta. The approach was not exhaustive due to the nature of the problem. There are Occurrence Book (OB) numbers but nobody has been prosecuted. Now the same thing is happening. All we wanted was the CS to tell us how the security problem should be solved when there are no prosecutions.

Sen. Mwaruma, I think the Committee did its bit and made recommendations which must have been based on certain facts. If you are dissatisfied, you can discuss with Members of the Committee and point out areas you would like to be addressed adequately.

On a point of order.

Let me make a ruling on that. We should have confidence in our committees because they have the capacity to know what evidence to take and whom to summon and provide a comprehensive report thereafter. If a Member is not satisfied, they can still approach a committee and inquire more about areas that are not clear. You cannot say that since they failed to summon a CS, therefore the report is not good enough.

Thank you, Mr. Speaker, Sir, for this opportunity and I thank you for going to Taita-Taveta. The approach was not exhaustive due to the nature of the problem. There are Occurrence Book (OB) numbers but nobody has been prosecuted. Now the same thing is happening. All we wanted was the CS to tell us how the security problem should be solved when there are no prosecutions.

Sen. Mwaruma, I think the Committee did its bit and made recommendations which must have been based on certain facts. If you are dissatisfied, you can discuss with Members of the Committee and point out areas you would like to be addressed adequately.

On a point of order.

What is your point of order, Sen. Dullo? We need to move.

Mr. Speaker, Sir, with all due respect to Members, we have a standard practice in this House and the procedures must be followed. If our brother from Taita-Taveta County is not satisfied with the answers given, there are laid down procedures in our Standing Orders. He can also approach the Committee and tell the Members that he is not satisfied with the answers and ask them to follow up on his behalf. It is wrong to prosecute the same Petition again on the Floor of the House.

Mr. Speaker, Sir, I beg to move- THAT, the Senate adopts the Report of the Mediation Committee on the Physical Planning Bill (National Assembly Bills No.34 of 2017) laid on the Table of the Senate on Tuesday, 18th June, 2019 and pursuant to Article 113 of the Constitution and Standing Order No.161 (3) of the Senate Standing Orders approves the mediated version of the Bill. This Bill originated from the National Assembly. It was debated and passed by the National Assembly before it was brought to the Senate and committed to the Committee on Lands, Environment and Natural Resources.

We deliberated on the Bill and made quite a number of amendments that we brought to this House together with the report and the Bill was passed by this House. When it was taken back to the National Assembly, they looked at it and rejected some amendments but approved others. That created the need for mediation.

The establishment of mediation committee was done by both the Speaker of the National Assembly and the Speaker of the Senate. The mediation committee comprised five Members from the National Assembly and five Members from this Senate.

We deliberated on the issues that were brought to us by Members of the National Assembly. One of the major issues was the title of the Bill. We deliberated on it and agreed that it should be amended to be Physical and Land Use Planning. Before we came to an agreement, we had met about five times. The first meeting was on 7th May, 2019 and several other meetings followed. They were held on 21st May, 29th May, 4th June and 6th June, 2019.

After serious deliberations, we decided that we should get the actual meaning of “physical planning” and “land use planning”. We assigned that to some Members who reported the meaning of the two. We agreed with them because we were convinced that the title of the Bill should be The Physical and Land Use Planning. There were other clauses in the Bill that we also looked at critically.

We agreed that there was need to move this Motion in this House, which will also be moved in the National Assembly to have the concurrence of the two Houses before it is taken to the President for assent.

Mr. Speaker, Sir, the Senate Majority Leader asked me not to take a lot of time. I need Sen. Mutula Kilonzo Jnr. to second the Motion but I do not know where he is.

Sen. Mutula Kilonzo Jnr. is here to second the Motion.

Let us go to the next Order.

Mr. Speaker, Sir, I beg to move- THAT, the Senate adopts the Report of the Mediation Committee on the Physical Planning Bill (National Assembly Bills No.34 of 2017) laid on the Table of the Senate on Tuesday, 18th June, 2019 and pursuant to Article 113 of the Constitution and Standing Order No.161 (3) of the Senate Standing Orders approves the mediated version of the Bill. This Bill originated from the National Assembly. It was debated and passed by the National Assembly before it was brought to the Senate and committed to the Committee on Lands, Environment and Natural Resources.

We deliberated on the Bill and made quite a number of amendments that we brought to this House together with the report and the Bill was passed by this House. When it was taken back to the National Assembly, they looked at it and rejected some amendments but approved others. That created the need for mediation.

The establishment of mediation committee was done by both the Speaker of the National Assembly and the Speaker of the Senate. The mediation committee comprised five Members from the National Assembly and five Members from this Senate.

We deliberated on the issues that were brought to us by Members of the National Assembly. One of the major issues was the title of the Bill. We deliberated on it and agreed that it should be amended to be Physical and Land Use Planning. Before we came to an agreement, we had met about five times. The first meeting was on 7th May, 2019 and several other meetings followed. They were held on 21st May, 29th May, 4th June and 6th June, 2019.

After serious deliberations, we decided that we should get the actual meaning of “physical planning” and “land use planning”. We assigned that to some Members who reported the meaning of the two. We agreed with them because we were convinced that the title of the Bill should be The Physical and Land Use Planning. There were other clauses in the Bill that we also looked at critically.

We agreed that there was need to move this Motion in this House, which will also be moved in the National Assembly to have the concurrence of the two Houses before it is taken to the President for assent.

Mr. Speaker, Sir, the Senate Majority Leader asked me not to take a lot of time. I need Sen. Mutula Kilonzo Jnr. to second the Motion but I do not know where he is.

Sen. Mutula Kilonzo Jnr. is here to second the Motion.

County; Sen. Mpaayei, Kajiado County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita-Taveta County; Sen. Ndwiga, Embu County; Sen. Nyamunga, Kisumu County; Sen. Ochillo-Ayacko, Migori County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Poghisio, West Pokot County; Sen. Sakaja, Nairobi City County; Sen. Shiyonga, Kakamega County; Sen. Wambua, Kitui County; Sen. (Dr.) Zani, Kwale County.

Hon. Senators, the result of the Division is as follows:-

There is no request to comment on this Motion. Hon. Senators, this is a matter concerning counties we will proceed to vote by county delegations. I direct that the Division Bell be rung for two minutes.

The Speaker (Hon. Lusaka) : Order! Hon. Senators, I now direct that the Bars be drawn and the doors closed.

Hon. Senators, the result of the Division is as follows:-

AYES: 31 NOES: Nil. ABSTENTIONS: Nil

Hon. Senators, the result of the Division is as follows:

AYES: 31 NOES: Nil. ABSTENTIONS: Nil

Where are the whips? The Temporary Chairperson (Sen. Nyamunga): Hon. Senators, I now order that the Division Bell be rung for three minutes.

An

Where are the whips? The Temporary Chairperson (

AYES: 30 NOES: Nil.

Hon. Senators, I now order that the Division Bell be rung for three minutes.

(Question, that Clauses 3-16, Clause 2 and Clause 1 be amended as Proposed put, and the Senate proceeded to vote by County Delegations) AYES: Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Farhiya, Nairobi City County; Sen. (Prof.) Ekal, Turkana County; Sen. Faki, Mombasa County; Sen. Iman, Garissa County; Sen. (Dr.) Kabaka, Machakos County; Sen. M. Kajwang’, Homa Bay County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru County; Sen. (Prof.) Kindiki, Tharaka Nithi County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. (Eng.) Mahamud, Mandera County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Mpaayei, Kajiado County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita Taveta County; Sen. Nyamunga, Kisumu County, Sen. Ochillo-Ayacko, Migori County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Poghisio, West Pokot County; Sen. Shiyonga, Kakamega County, Sen. Wambua, Kitui County, Sen. (Rev.) Waqo, Marsabit County and Sen. (Dr.) Zani, Kwale County.

Kajwang’, Homa Bay County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru County; Sen. (Prof.) Kindiki, Tharaka Nithi County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. (Eng.) Mahamud, Mandera County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Mpaayei, Kajiado County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita Taveta County; Sen. Nyamunga, Kisumu County, Sen. Ochillo-Ayacko, Migori County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Poghisio, West Pokot County; Sen. Shiyonga, Kakamega County, Sen. Wambua, Kitui County, Sen. (Rev.) Waqo, Marsabit County and Sen. (Dr.) Zani.

AYES: 30 NOES: Nil.

Hon. Chairperson, I beg to move that the Committee do report to Senate its consideration of the County Planning (Roads, Pavements and Parking Bays) Bill (Senate Bills No. 18 of 2018) and its approval thereof with amendments. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita- Taveta County; Sen. Nyamunga, Kisumu County; Sen. Ochillo-Ayacko, Migori County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Poghisio, West Pokot County; Sen. Shiyonga, Kakamega County; Sen. Wambua, Kitui County; Sen.(Rev.) Waqo, Marsabit County; and Sen. (Dr.) Zani, Kwale County.

AYES: Sen. Cherargei, Nandi County; Sen. Dullo, Isiolo County; Sen. (Prof.) Ekal, Turkana County; Sen. Faki, Mombasa County; Sen. Farhiya, Nairobi County; Sen. Iman, Garissa County; Sen. (Dr.) Kabaka, Machakos County; Sen. M. Kajwang’, Homa Bay County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru County; Sen. (Prof.) Kindiki, Tharaka Nithi County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. (Eng.) Mahamud, Mandera County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Mpaayei, Kajiado County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita Taveta County; Sen. Nyamunga, Kisumu County; Sen. Ochillo-Ayacko, Migori County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Poghisio, West Pokot County; Sen. Shiyonga, Kakamega County; Sen. Wambua, Kitui County; Sen. (Rev.) Waqo, Marsabit County and, Sen. (Dr.) Zani, Kwale County.

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

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its Considerations of the County Outdoor Advertising Control Bill (Senate Bill No 9 of 2018) and its approval thereof with amendments.

Order, hon. Senators! I would like to refer you to Standing Order No 86 (4) :

“During division, Senators shall maintain order in the Senate and shall be in their designated seats and shall remain seated until the result is announced.” Hon. Senators, please, adhere to the Standing Order. The results of the Division will be announced later. Let us move to the Next Order, Order Number 13.

and the Senate proceeded to vote by County Delegations) AYES: Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo, Isiolo County; Sen. (Prof.) Ekal, Turkana County; Sen. Faki, Mombasa County; Sen. Farhiya, Nairobi County; Sen. Iman, Garissa County; Sen.(Dr.) Kabaka, Machakos County; Sen. M. Kajwang’, Homa Bay County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru County; Sen. (Prof.) Kindiki, Tharaka Nithi County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. (Eng.) Mahamud, Mandera County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Mpaayei, Kajiado County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita Taveta County; Sen. Nyamunga, Kisumu County; Sen. Ochillo-Ayacko, Migori County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Poghisio, West Pokot County; Sen. Shiyonga, Kakamega County; Sen. Wambua, Kitui County; Sen. (Rev.) Waqo, Marsabit County and Sen. (Dr.) Zani, Kwale County.

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

AYES: 31 NOES: Nil. ABSENTIONS: Nil.

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

Hon. Senators, please, take your seats. I would like to announce the results of The Office of the County Printer (Senate Bills No.7 of 2018) .

Hon. Senators, please, take your seats. I would like to announce the results of The Office of the County Printer, (Senate Bills No.7 of 2018) .

AYES: 31 NOES: Nil. ABSENTIONS: Nil.

Madam Temporary Chairperson, I beg to move that the Committee of the Whole do report to the Senate, its consideration of The County Law Compliance and Enforcement Bill (Senate Bills No.25 of 2018) and its approval thereof with amendments.

AYES: 31 NOES: Nil. ABSTENTIONS: Nil.

(Question that Clauses 3, 4(as amended), 5(as amended), 6(as amended), 7(as amended), 8(as amended), 9-11, 12(as amended) 13-19, Clause 2(as amended), the Title and Clause

1 be part of the Bill put and the Senate proceeded to vote by County Delegations) AYES: Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo, Isiolo County; Sen. (Prof.) Ekal, Turkana County; Sen. Faki, Mombasa County; Sen. Farhiya, Nairobi City County; Sen. Iman, Garissa County; Sen. (Dr.) Kabaka, Machakos County; Sen. M. Kajwang’, Homa Bay County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru County; Sen. (Prof.) Kindiki, Tharaka Nithi County; Sen. (Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. (Eng.) Mahamud, Mandera County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Mpaayei, Kajiado County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita Taveta County; Sen. Nyamunga, Kisumu County; Sen. Ochillo-Ayacko, Migori County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Poghisio, West Pokot County; Sen. Shiyonga, Kakamega County; Sen. Wambua, Kitui County; Sen. (Rev.) Waqo, Marsabit County and Sen. (Dr.) Zani, Kwale County.

AYES: 31 NOES: Nil. ABSTENTIONS: Nil.

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the County Wards (Equitable Development) Bill (Senate Bills no 34 of 2018) and its approval thereof with amendments.

Sen. (Dr.) Milgo seconded.

AYES: Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo, Isiolo County; Sen.(Prof.) Ekal, Turkana County; Sen. Faki, Mombasa County; Sen. Farhiya, Nairobi County; Sen. Iman, Garissa County; Sen. (Dr.) Kabaka, Machakos County; Sen. Khaniri, Vihiga County; Sen. Kibiru, Kirinyaga County; Sen. Kihika, Nakuru County; Sen. (Prof.) Kindiki, Tharaka Nithi County; Sen.(Dr.) Lelegwe, Samburu County; Sen. Linturi, Meru County; Sen. M. Kajwang’, Homa Bay County; Sen.(Eng.) Mahamud, Mandera County; Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Mpaayei, Kajiado County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita Taveta County; Sen. Nyamunga, Kisumu County; Sen. Ochillo-Ayacko, Migori County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Poghisio, West Pokot County; Sen. Shiyonga, Kakamega County; Sen. Wambua, Kitui County; Sen. (Rev.) Waqo, Marsabit County and Sen.(Dr.) Zani, Kwale County.

Who is the Seconder?

Mr. Deputy Speaker, Sir, I request Sen. Murkomen to second.

Hon. Senators, the results ofthe voting are as follows:

Madam Temporary Chairperson, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Statutory Instruments (Amendment) Bill (Senate Bills No. 21 of 2018) and its approval thereof with amendments.

Hon. Senators, I now direct that the door be opened and the bars withdrawn. We have to make one final vote. Please, do not leave the Chamber. Hon. Senators, we are now on The County Planning

Bill

(Senate Bills No. 18 of 2018)

, proceed, Chairperson. We will be very fast.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Planning

Bill

(Senate Bills No.18 f 2018)

and its approval thereof with amendments.

Mover?

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said Report.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Outdoor Advertising Control Bill (Senate Bills No.19 of 2018) and its approval thereof with Amendments.

Sen. Poghisio, please, proceed. You are the Mover.

Sen. Murkomen seconded.

Mover, please?

Mr. Deputy Speaker, Sir, I beg to move that the County Planning

Bill

(Senate Bills No.18 of 2018)

be now be read a Third Time.

Who is seconding?

I request Sen. Kihika to second. Sen. Kihika seconded.

Mr. Speaker Deputy Sir, I beg to move that the County Outdoor Advertising Control Bill (Senate Bills No.19 of 2018) , be now read a Third Time. I request Sen. (Prof.) Kamar over there, to second.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Outdoor Advertising Control Bill (Senate Bills No.19 of 2018) and its approval thereof with Amendments.

Sen. Poghisio, please, proceed. You are the Mover.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Law Compliance and Enforcement Bill (Senate Bills No. 25 of 2018) and its approval thereof with Amendments.

Proceed, Mover.

Mr. Deputy Speaker, Sir, I beg to move that the House do now agree with the Committee in the said report. I will ask Sen. Cheruiyot to second me.

I second, Mr. Deputy Speaker, Sir.

Mr. Deputy Speaker, Sir, I beg to move that The County Law Compliance and Enforcement Bill

be now read a Third Time.

I request the Senate Majority Leader, Sen. Murkomen, to second. Sen. Murkomen seconded.

Mr. Speaker Deputy Sir, I beg to move that the County Outdoor Advertising Control Bill (Senate Bills No.19 of 2018) , be now read a Third Time. I request Sen. (Prof.) Kamar over there, to second.

Thank you, Mr. Deputy Speaker, Sir. I second.

Sen. Poghisio, that is good English. I heard some Senators asking, “over where?”

The Division will be at the end. Hon. Senators, we will now go to reporting on The County Law Compliance and Enforcement Bill (Senate Bills No. 25 of 2018) .

Proceed, Chairperson.

Mr. Deputy Speaker, Sir, I beg to move that The County Wards (Equitable Development) Bill (Senate Bills No.34 of 2018) be now read a Third Time.

I request Sen. (Dr.) Milgo to second. Sen. (Dr.) Milgo seconded.

The Deputy Speaker (Sen. (Prof.) Kindiki) : Division will be at the end. Let us go to the next Bill.

Proceed, Mover.

Mr. Deputy Speaker, Sir, I beg to move that the House do now agree with the Committee in the said report. I will ask Sen. Cheruiyot to second me.

I second, Mr. Deputy Speaker, Sir.

- THAT the Bill be amended by inserting the following new clauses immediately after Clause 3-

Division will be at the end. Let us go to the next Bill.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Wards (Equitable Development) Bill (Senate Bills No.34 of 2018) and its approval thereof with amendments.

Hon. Senators, on The Statutory Instruments (Amendment) Bill (Senate Bills No.24 of 2018) , the matter ends there because it is recommitted. So, there will be no further proceedings on it.

I now direct that the Division Bell be rung for three minutes for all the Bills that we will vote on.

Thank you, Senators, for your patience because we are almost there.

Order, Senators. Sen. Nyamunga and Sen. Pareno, please approach the Chair.

Hon. Senators, please resume your seats. I now direct that the doors be closed and the Bar drawn.

I will now put the question; that The County Planning

Bill

(Senate Bills No.18 of 2018)

be now read a Third Time.

The Senator for Migori County, Sen. Ochillo-Ayacko has not voted. Please, come forward and vote.

We will move to the next division. I now put the question; that the County Law Compliance and Enforcement Bill

be now read a Third Time.

Vote now.

Order, Senators! We will now go to the last division.

I now put the question; that The County Wards (Equitable Development) Bill (Senate Bills No. 34 of 2018) be now read a Third Time.

Prepare to vote. This is the last division this afternoon. You can now vote.

Division will be at the end. Let us go to the next Bill.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Statutory Instruments (Amendment) Bill (Senate Bills No.24 of 2018) and its approval thereof with amendments.

Order, Senators. The results of the Division are as follows:

- THAT the Bill be amended by inserting the following new clauses immediately after Clause 3-

Insertion of new section 15A in No.23 of 2013.

Order Senators. The results of the Division are as follows:

Hon. Senators, on The Statutory Instruments (Amendment) Bill (Senate Bills No.24 of 2018) , the matter ends there because it is recommitted. So, there will be no further proceedings on it.

I now direct that the Division Bell be rung for three minutes for all the Bills that we will vote on.

Thank you, Senators, for your patience because we are almost there.

Order, Senators. Sen. Nyamunga and Sen. Pareno, please approach the Chair.

Hon. Senators, please resume your seats. I now direct that the doors be closed and the Bar drawn.

I will now put the question; that The County Planning

Bill

(Senate Bills No.18 of 2018)

be now read a Third Time.

The Senator for Migori County, Sen. Ochillo-Ayacko has not voted. Please, come forward and vote.

We will move to the next division. I now put the question; that the County Law Compliance and Enforcement Bill

be now read a Third Time.

Vote now.

Order, Senators! We will now go to the last division.

I now put the question; that The County Wards (Equitable Development) Bill (Senate Bills No. 34 of 2018) be now read a Third Time.

Prepare to vote. This is the last division this afternoon. You can now vote.

End of voting. Members who need assistance to vote can come forward.

Garissa delegation, come forward and vote manually.

Order, Senators. The results of the Division are as follows:

Order, Senators! For the convenience of the House, I now direct that we go directly to Order No.23.

Next Order.

Order Senators. The results of the Division are as follows:

Order Senators. The results of the Division are as follows:

Order Senators. Last but not by any means least, the results of the Division are as follows:

Order, Senators! For the convenience of the House, I now direct that we go directly to Order No.23.

Next Order.

Mr. Deputy Speaker, Sir, I beg to move the following Motion:-

THAT pursuant to Standing Order No. 187 and 189, the House approves the nomination of the following Senators to serve in the Senate Committee on National Cohesion, Equal Opportunity and Regional Integration:

Mr. Deputy Speaker, Sir, I beg to second.

Clause 11

Consequently, the following Orders in today’s Order Paper are deferred: Order

Nos.18, 19 and 20.

The Division will be at the end. Clauses 2, The Title and Clause 1(Question, that Clauses 2, The Title and Clause 1 be part of the Bill, proposed) The Temporary Chairperson (

Madam Temporary Chairperson, I beg to move:- THAT Clause 52 of the Bill be amended in paragraph

(a)

by inserting the words “Office of the” immediately after the words “matter to the”

The Temporary Chairperson

(Sen. Nyamunga)

: Division will be at the end. Clauses 53-78

The Temporary Chairperson

(Sen. Nyamunga)

: Division will be at the end. The First Schedule, the Second Schedule, Third Schedule, Clause2, the Title and Clause 1.

The Temporary Chairperson

(Sen. Nyamunga)

: Division will be at the end. Mover!

Madam Temporary Chairperson, pursuant to Standing Order No. 148, I beg to move that the Committee of the Whole do report to the House its consideration of The National Cohesion and Peace Building Bill (Senate Bills No.35 of

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting Clause 16.

The Temporary Chairperson (Sen. Nyamunga) : Division will be at the end. New Clause 13A

Madam Temporary Chairperson, I beg to move:- THAT, Clause 9 of the Bill be amended by deleting the word “three” appearing immediately after the words “chairperson and” and substituting therefor the word “four”. (Question of the amendment proposed) The Temporary Chairperson (

(Question, that New Clause 13A be part of the Bill proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end. The Schedule, Clause2, the Title and Clause1

(Question that the Schedule, Clause2, the Title and Clause1be part of the Bill proposed) The Temporary Chairperson (Sen. Nyamunga): Division will be at the end.

The Division will be at the end. Clause 10 (Question, that Clause 10 be part of the Bill, proposed) The Temporary Chairperson (

The Division will be at the end.

Clause 11

Madam Temporary Chairperson, I beg to move:- THAT, Clause 11 of the Bill be amended in sub-clause (4) by deleting the words “cabinet secretary” appearing immediately after the word “the” and substituting therefor the word “President.” (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Speaker, I beg to report progress; that the Committee of the Whole has considered The County Statutory Instruments Bill (Senate Bills No.21 of 2018) and seeks leave to sit again tomorrow.

The Division will be at the end. Clauses 12 to 14 (Question, that Clauses 12 to 14 be part of the Bill, proposed) The Temporary Chairperson (

The Division will be at the end. Clause 15

Hon. Senators, we will have progress reported on The National Cohesion and Peace Building Bill (Senate Bills No.35 of 2018) .

Let us have the Chairperson.

Madam Temporary Speaker, I beg to report progress; that the Committee of the Whole has considered The National Cohesion and Peace Building Bill (Senate Bills No.35 of 2018) and seeks leave to sit again tomorrow.

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

I request Sen. Olekina to second. Sen. Olekina seconded.

Clauses 35 to 37(Question, that Clauses 35 to 37 be part of the Bill, proposed) The Temporary Chairperson (

Madam Temporary Speaker, I beg to report progress; that the Committee of the Whole has considered The Determination of the Nature of Bills (Procedure) Bill (Senate Bills No.30 of 2018) and seeks leave to sit again tomorrow.

The Division will be at the end. Clause 38

Madam Temporary Chairperson, I beg to move:- THAT, Clause 38 of the Bill be amended in sub-clause (2) by deleting the words “and without justification” appearing immediately after the words “public resources.” (Question of the amendment proposed) The Temporary Chairperson (

Madam Temporary Speaker, I beg to report progress; that the Committee of the Whole has considered The County Oversight and Accountability Bill (Senate Bills No.28 of 2018) and seeks leave to sit again tomorrow.

The Division will be at the end. Clauses 39 to 43 (Question, that Clauses 39 to 43 be part of the Bill, proposed) The Temporary Chairperson (

The Division will be at the end. Clause 44

Madam Temporary Chairperson, I beg to move:- THAT Clause 44 of the Bill be amended in sub-clause (1) by deleting paragraph

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting clause 45 and substituting therefor the following new clause –

completion, collectively amounting to an estimated project cost of three hundred and sixty six (366) Billion Kenya shillings; NOW THEREFORE, the Senate recommends that the National Treasury in partnership with the Controller of Budget, Commission on Revenue Allocation, the Council of Governors and the County Assemblies Forum to-

Madam Temporary Speaker, I stand to support this Motion, which is critical for development in the counties. Most counties now have the County Integrated Development Plans (CIDPs) . Initially when the CIDPs were done, they did not meet the requirements. Now the CIDPs have been improved because of capacity building. What we need to know is how they are linked to Vision 2030, as long term development goals for the country, and how they are synchronized to ensure that it becomes a reality in the counties.

The development plans at the county and national level should be synched. At the national level we have the blue print of Vision 2030. We would expect the various County Integrated Development Plans (CIDPs) to be synched with it. Various counties have improved on this.

We once asked Mrs. Agnes Odhiambo, the Controller of Budget, what happens to those projects because they are always budgeted for and money is allocated for them. I know that various Committees have gone to various counties to oversight those projects and must have found out that those projects have not been completed. This situation has been made worse by the transition of one governor to another. It will be ideal to complete the county projects within a particular time, but that has not happened. A lot of money has been put into those projects, yet most of them have been done half way. That is as good as not having started the project.

What is the benefit of the incomplete projects to the people? Devolution was to address social, economic and cultural needs of communities, but it is not doing that because of the incomplete projects. When these services are not there, they create a quagmire for the counties and the nation. The bills that have accrued vis-a-vis what is on

Division will be at the end. Clauses 53-78 (Question, that Clauses 53 to 78 be part of the Bill proposed) The Temporary Chairperson (

the ground do not match. This is a clear indication that CIDPs are not being used effectively as a tool for development.

We also asked the Controller of Budget why they do not monitor and evaluate the projects. We told her of the need to time, monitor and evaluate the projects that are receiving disbursements in bits, so as to ensure that a certain phase is achieved. However, she told us that they do not have the tools and mechanisms for monitoring and evaluation. She said that monitoring would require them to hire new staff, look at feasibility reports and the aftermath, and putting everything in place to ensure that what has been predicted as development in the counties---

Division will be at the end. The First Schedule, the Second Schedule, Third Schedule, Clause2, the Title and Clause 1. (Question that the First Schedule, the Second Schedule, Third Schedule, Clause2, the Title and Clause 1be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end. Mover!

Madam Temporary Chairperson, pursuant to Standing Order No. 148, I beg to move that the Committee of the Whole do report to the House its consideration of The National Cohesion and Peace Building Bill (Senate Bills No.35 of

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting Clause 16. (Question that Clause 16 be deleted proposed) The Temporary Chairperson (

Division will be at the end. New Clause 13A

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after clause 13- Lapsing of Bills. 13A. (1) A Bill originating from one House shall not lapse in the other House at the end of a Session.

(Question, that New Clause 13A be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end. The Schedule, Clause2, the Title and Clause1(Question that the Schedule, Clause2, the Title and Clause1be part of the Bill proposed) The Temporary Chairperson (

Division will be at the end.

Madam Temporary Chairperson, pursuant to Standing Order No. 148, I beg to move that the Committee of the Whole do report to the House its consideration of The Determination of Nature of Bills (Procedure) Bill (Senate Bills No.30 of 2018 and seek leave to sit again tomorrow. (Question proposed) (Question put and agreed to) The Temporary Chairperson (

Hon. Senators, we will now consider The County Oversight and Accountability Bill (Senate Bills No.28 of 2018)

Madam Temporary Chairperson, pursuant to Standing Order No.148, I beg to move that the Committee of the Whole do report to the House its consideration of The County Oversight and Accountability Bills (Senate Bills No.28 of

Hon. Senators, we will have progress reported, beginning with The County Statutory Instruments Bill (Senate Bills No.21 of 2018) .

Madam Temporary Speaker, I beg to report progress; that the Committee of the Whole has considered The County Statutory Instruments Bill (Senate Bills No.21 of 2018) and seeks leave to sit again tomorrow.

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

I request Sen. Mutula Kilonzo Jnr. to second. Sen. Mutula Kilonzo Jnr. seconded.

Hon. Senators, we will have progress reported on The National Cohesion and Peace Building Bill (Senate Bills No.35 of 2018) .

Let us have the Chairperson.

Madam Temporary Speaker, I beg to report progress; that the Committee of the Whole has considered The National Cohesion and Peace Building Bill (Senate Bills No.35 of 2018) and seeks leave to sit again tomorrow.

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

I request Sen. Olekina to second. Sen. Olekina seconded.

Let us go to the next Bill.

Madam Temporary Speaker, I beg to report progress; that the Committee of the Whole has considered The Determination of the Nature of Bills (Procedure) Bill (Senate Bills No.30 of 2018) and seeks leave to sit again tomorrow.

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

I request Sen. (Dr.) Zani to second. Sen. (Dr.) Zani seconded.

Madam Temporary Speaker, I beg to report progress; that the Committee of the Whole has considered The County Oversight and Accountability Bill (Senate Bills No.28 of 2018) and seeks leave to sit again tomorrow.

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

I request Sen. Kwamboka to second. Sen. Kwamboka seconded.

Hon. Senators, after consultations, Order No.4 is deferred to tomorrow. We will move to Order No.25, which is a Motion.

completion, collectively amounting to an estimated project cost of three hundred and sixty six (366) Billion Kenya shillings; NOW THEREFORE, the Senate recommends that the National Treasury in partnership with the Controller of Budget, Commission on Revenue Allocation, the Council of Governors and the County Assemblies Forum to-

Madam Temporary Speaker, I stand to support this Motion, which is critical for development in the counties. Most counties now have the County Integrated Development Plans (CIDPs) . Initially when the CIDPs were done, they did not meet the requirements. Now the CIDPs have been improved because of capacity building. What we need to know is how they are linked to Vision 2030, as long term development goals for the country, and how they are synchronized to ensure that it becomes a reality in the counties.

The development plans at the county and national level should be synched. At the national level we have the blue print of Vision 2030. We would expect the various County Integrated Development Plans (CIDPs) to be synched with it. Various counties have improved on this.

We once asked Mrs. Agnes Odhiambo, the Controller of Budget, what happens to those projects because they are always budgeted for and money is allocated for them. I know that various Committees have gone to various counties to oversight those projects and must have found out that those projects have not been completed. This situation has been made worse by the transition of one governor to another. It will be ideal to complete the county projects within a particular time, but that has not happened. A lot of money has been put into those projects, yet most of them have been done half way. That is as good as not having started the project.

What is the benefit of the incomplete projects to the people? Devolution was to address social, economic and cultural needs of communities, but it is not doing that because of the incomplete projects. When these services are not there, they create a quagmire for the counties and the nation. The bills that have accrued vis-a-vis what is on

the ground do not match. This is a clear indication that CIDPs are not being used effectively as a tool for development.

We also asked the Controller of Budget why they do not monitor and evaluate the projects. We told her of the need to time, monitor and evaluate the projects that are receiving disbursements in bits, so as to ensure that a certain phase is achieved. However, she told us that they do not have the tools and mechanisms for monitoring and evaluation. She said that monitoring would require them to hire new staff, look at feasibility reports and the aftermath, and putting everything in place to ensure that what has been predicted as development in the counties---

Order! Sen. (Dr.) Zani, you have a balance of 15 minutes when we next sit.

Hon. Senators, it is now 6.30