Wednesday, 1st December, 2021

Hon. Senators, I have two communications to make.

Ms. Esther Njenga Faith Konyo Andrew Lopowos Joshua Yegon Sylvesta Mael Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf, wish them a fruitful visit.

Proceed, Sen. Madzayo.

Asante, Bi. Spika wa Muda. Pia mimi nataka niungane na wewe kwa kuwakaribisha wageni kutoka upande wa Narok, na kusema kwamba, wote waliokuja kujifundisha hapa na kujionea yanayoendelea hapa ndani ya Bunge la Seneti ni mambo ambayo ninauhakika wakati wowote wakirudi nyumbani wataweza kutafakari na kujua ya kwamba waliweza kupata faida ya kuja kutembelea Seneti.

Ni jambo nzuri kuona watu kutoka Narok wamefika hapa leao. Wakati mwingi ni watu wa Nairobi ambao huja hapa. Watu wa kutoka kaunti kama ya Narok, Kilifi na kwingine, ni nadra kwao kupati nafasi kama hii ya kuja kutembelea Bunge la Seneti. Kwa vile ndugu yangu Olekina ambaye ni swahiba wangu mkubwa hayuko hapa, nachukua nafasi hii nikijua ya kwamba angekuwa hapa yapo mengi angeyasema.

Hata hivyo, nitasema Narok is a great county. Ni kaunti moja katika Kenya ambayo iko na ushupavu. Ndani ya Bunge, inaongozwa na Sen. Olekina kama Seneta wa Narok. Kuna umuhimu kutambua kwamba utendakazi wake ndani ya hili Bunge la Seneti ni wa hali ya juu sana. Kila akisimama hapa yeye anatetea watu wa Narok.

Ningependa kuunga mkono kwa usema ni wazo nzuri kwa wafanyakazi wa Bunge la Kaunti ya Narok kuja katika Bunge la Seneti ili kujionea mambo yanavyoendeshwa. Asante sana nikitumaini ya kwamba, watakapokuwa wakirudi nyumbani watakuwa wamejifundisha mengi kutoka kwa Bunge la Seneti.

Asante sana, Bi. Spika wa Muda. Nilikuwa nimebonyeza kuchangia Hotuba ya Rais, lakini vile umenipatia nafasi, siwezi kukataa kumkaribisha Spika Wahome, ambaye pia ni Mwenyekiti wa Kongamano la Baraza za Maspika.

Pia ningependa kuwakaribisha wafanyikazi wa Bunge la Kaunti ya Narok hapa Seneti.

Kazi kubwa ya Seneti ni kutetea ugatuzi. Mwaka wa 2010 tulipitisha Katiba iliyotupa mamlaka sisi kama nchi kuakikisha ya kwamba rasilimali zimepelekwa mashinani kutumiwa na serikali zetu za gatuzi.

Ni muhimu kwa Seneti na bunge za kaunti kufanya kazi pamoja ili kuendeleza ugatuzi. Ninamhimiza mwenye kiti wa Kongamano la Maspika ya Bunge za Kaunti kuhakikisha wabunge wa kaunti wanafanya kazi yao vizuri ili kuinua hadhi ya bunge zao. Hii ni kwa sababa wabunge wa kaunti hawajibebi na hadhi inayofaa mbunge ambaye amechaguliwa na wananchi. Ninasema hivi kwa sababu wakati mwingine wanapigana na kuvuana nguo katika bunge zao.

Ingekuwa vyema kama tungekuwa na mpangilio fulani ambao ungekuwa unaleta Seneti na bunge za kaunti kufanya kazi pamoja na kujifunza. Mimi nilianza kama

mbunge wa Kaunti ya Kakamega. Nilikuwa naibu wa spika. Kuna changamoto nyingi sana ambazo wabunge wa kaunti hupitia. Sisi kama Maseneta tunafaa tuwasaidie ili waweze kufanya kazi yao vizuri.

Mabunge za kaunti ni jukwaa nzuri ambayo inaweza kusaidia kukuza uongozi wa viongozi siku za usoni. Nimesema nilikuwa mbunge wa Bunge la Kaunti ya Kakamega na sasa hivi mimi ni Seneta. Hapa katika Seneti nimejifunza mambo mengi ya ugatuzi. Mwaka ujao nitawania kiti cha ugavana cha Kaunti ya Kakamega. Kwa hivyo, bunge za kaunti ni jukwaa inayokuza uongozi wa kila ngazi au kiwango chochote. Ninawahimiza MCAs wetu wajue jukwaa hii siyo ya mzaha na wanatakiwa kufanya kazi yao vizuri. Ni jukwaa linakupa mtu tajriba ya kutosha ya kuwania viti vingi hapa nchini baadaye.

Mwisho kabisa, wakazi wa Narok, sisi tunakaa hapa na Mhe. Madzayo na Mhe. Olekina. Hamkufanya makosa kumchagua Seneta wenu kwa sababu yeye hutetea haki zenu na kushughulikia matakwa yenu kwa moyo wake wote. Jambo lolote ambalo linafanyika hapa kwenye Seneti na ambalo linahusu watu wa Narok na jamii ya Wamasai kwa kumla, yeye hakosi kuchangia. Endeleeni kumshika mkono kwa sababu yeye ni kiongozi ambaye atasaidia nchi hii siku za usoni

Bi. Spika wa Muda, kwa hayo machache, ninawakaribisha wageni wetu katika Seneti. Mwenyezi Mungu awabariki sana.

Asante kwa kukaribisha wageni wetu kwa lugha nzuri ya Kiswahili. Lugha ya baba na mama.

This was supposed to be a message from the National Assembly, but we will defer it.

So we move to the next order.

A Petition by Committee on Labour and Social Welfare.

I see that properly we do not have the Chairperson or any Member of the Committee on Labour and Social Welfare. So, we go the next Petition.

Hon. Senators, we are reporting on a Petition to the Senate Concerning paralysis of the operation of the County Assembly of Nyandarua.

Hon. Senators, I hereby report to the Senate that a Petition has been submitted through the Clerk by Hon. James Wahome Ndegwa EBS, the Speaker of Nyandarua County Assembly, concerning paralysis of the operations of the County Assembly of Nyandarua.

As you are aware under Article 119 (1) of the Constitution says: “Every person has a right to petition Parliament to consider any matter within its authority, including enacting, amending or repealing any legislation.” Hon. Senators, the salient issues raised in the said Petition are as follows:

Petition by the Speaker of the County Assembly.

Asante, Bi Spika wa Muda, kwa kunipa nafasi hii. Ni jambo la kusikitisha sana katika hii Petition ambayo imeletwa hapa katika hili Bunge la Seneti.

Nawapa kongole wale waliokuwa na imani na nguvu ya kuona ya kwamba ni lazima jambo hili lifike katika Bunge la Seneti. Seneti itaangalia yale maovu yanayotendwa na Gavana akijifikiria ya kwamba hakuna sheria. Anafikiri yeye ndiye sheria ya mwisho. Kuna sheria na watu wa huko Nyandarua wako na imani nayo.

Ni jambo la kusikitisha kuona ya kwamba mtu anaweza kusimamisha kaunti nzima kutoendelea kwa sababu. Ukisimamisha County Assembly ni kama umesimamisha kaunti ya Nyandarua na hakuna kazi yoyote itakayo endelea bila idhini yake. Hauwezi, hata kidogo, kusimamisha matendo ama vile Bunge itakavyofanya kazi yake.

Ni jambo la aibu au kusikitisha kuona ya kwamba watu ambao ni majangili, wasiofanya kazi pale au kuhusika pia wamepewa nafasi ya kwenda ndani ya maofisi, kuangalia, kutembea na kufanya vile wanavyotaka.

Hakuna sheria inayokubalia gari ya Spika kutumiwa na wananchi ambao hawafanyi kazi ndani ya bunge ya kaunti ama bila idhini yake. Haiwezi kutumika kwa sababu gavana amesema itumike na mtu fulani.

Kuna mengi ambayo yameweza kutanguliwa katika hiyo Petition. Tunaona kunao umuhimu wa Bunge la Seneti kuingilia kati na kuchukua hatua kuona ya kwamba hilo Bunge la huko nyumbani limeweza kurudi katika hali yake ya kawaida na kuendelea kusaidia wananchi.

Asante, Bi Spika wa Muda.

Sen. Cherargei.

Thank you, Madam Temporary Speaker, for this opportunity. The relationship between a County Assembly and the County Executive must be always complimenting each other.

The design of the Constitution and the devolution architecture was to ensure that County Assemblies and Executives work together in harmony. They do not need to be antagonistic. What we are witnessing in Nyandarua County is not the intention of the devolution for both County Assemblies and Executives operations.

Madam Temporary Speaker, I hope the relevant Committee will look into this matter. It is the Committee of Devolution and Intergovernmental Relations, so that we really understand what is happening. If the county government or County Executive led by Governor hon. Kimemia is the one that is blocking the County Assembly of

Nyandarua from functioning, then there is a problem. It could be the Governor is uncomfortable and thinks that it is a threat if the County Assembly functions.

We really need to know why even the property that is supposed to be used exclusively by the County Assembly Speaker is being directed otherwise. This Petition is important and we need recommendation at the end.

The County Assemblies should be given full autonomy. The danger to the county assembly that we have today is the county executive. This is because they lack the financial autonomy. This has continued to be a threat in the independence and functionality of our county assemblies.

The county assemblies just like the Senate and they play the primary oversight role at the lowest level. We are aware that county governments and governors are normally not comfortable with independent and functional county assemblies.

I can see quite a number of the Members the Committee on Devolution and Intergovernmental Relations. They should propose to us how we can make county assemblies get financial autonomy, such that they have their own vote at the National Treasury. When the budget is approved by the Controller of Budget (CoB), they should access their accounts and their money from the National Treasury such that they do not need to depend on the CECM of finance, or the goodwill of the governor.

Even in my county, the county assembly has been complaining that the county government has ensured that they allocate only county assembly recurrent funds as opposed to developmental funds.

That is why when you go to Nandi County Assembly; the Chamber is yet to be complete. The county assembly is complaining that the county governor normally refuses through the county CECM of Finance to approve and allow the development funds to go to the county assembly.

To ensure that we protect the county assemblies and ensure they maintain independence and functionality, we must ensure that there is independence or financial autonomy so that they can do their job without interference and the threats of the county government. That is what we are seeing in Nyandarua County Government where the County Executive and the County Assembly are fighting each other.

Finally, the County Assembly and the County Executive should know that the ultimate beneficiary of all this should be the common mwananchi, the mama mboga, and the bodaboda riders. Those people who voted us into office should be ultimate and precise beneficiaries so that we do not see that fight.

We hoped this second generation of devolution would not give us these teething problems. I hope the area Senator, Sen. Mwangi, will a get a chance to tell this House what is really happening on the ground.

It is good that our brother, Sen. Mwangi, is in the House today. I hope he will get a chance in the Committee and before the House, to give us the way forward. We need those things to stop. I hope the Committee, led by Sen. M. Kajwang, will give us the direction on this matter.

Sen. Dullo, proceed.

Thank you, Madam Temporary Speaker. I wish to support this Petition. I think the issues raised in this Petition are very serious. I believe we have institutions that are supposed to be looking at those issues but they have not done

anything. This is a matter of concern. I think this House needs to look at it and ensure those issues are properly investigated.

Madam Temporary Speaker, you will find many county assemblies in this country in such a situation. A very good example is West Pokot County, whom I know face similar issues. Their speaker was denied access to her office and she appeared before a Committee of this House. It is a matter that the court has already ruled on.

Unfortunately, there is a problem between the speaker and the Clerk of the Assembly. The Clerk has even refused to facilitate the Speaker of the West Pokot County Assembly. The same also happened to Migori County, which is unacceptable.

In this case of Nyandarua County, I know Sen. Mwangi is here and maybe he can elaborate and tell us what is happening. On several occasions, I have heard the Speaker even on national television, complaining about what is happening in Nyandarua County. Unfortunately, nobody has ever taken action against the issues raised by him.

Madam Temporary Speaker, as one of my colleagues has said, we really need to give independence to county assemblies so that they can carry out their oversight responsibilities. I know most of them are arm-twisted, especially when they want to carry out their oversight roles. That is why you see what is happening in Nyandarua County. The allegation of vehicles being used by people who are not authorized, are very serious. I think the institutions mandated to look into this should move with speed and ensure that the vehicles are returned to the right individuals.

Finally, this is a matter that is long overdue. It is paralysing devolution in Nyandarua County Assembly and County Government. We need to move with speed. I know we are going on recess, but the Speaker should be able to give some opening, so that the Committee can look into this matter before we break for Christmas.

Thank you, Madam Temporary Speaker.

Sen. Shiyonga, proceed.

Thank you, Madam Temporary Speaker. I join you in welcoming Members of Narok County Assembly. I was given the opportunity, but I was not prepared. I welcome all of them; feel most welcomed in the Senate.

Madam Temporary Speaker, the issue raised on Nyandarua County Assembly by the Petitioner, is a serious matter which needs to be investigated. This is not only for Nyandarua County in particular, but across the country. In these times of devolution, many county assemblies are suffering, especially when it comes to funding and doing the oversight role. County assemblies are dependent on their county executives and many of them are frustrated.

Madam Temporary Speaker, it is my wish and prayer that the Committee on Devolution and Intergovernmental Relations led by Sen. M. Kajwang, moves with speed. They should also allow other Members who want to contribute towards the Petition to join the Committee when they are deliberating on the same. As Senators, this will give us a chance to recommend justice to the petitioner.

Sen. (Dr.) Zani, proceed.

Thank you, Madam Temporary Speaker. I wish to support this Petition. I think this is why we have Senate in this country. We should be able to seize of these issues long before they even come to the Plenary. When they do, we should seize

them in such a way that allows us to participate and get to the solution. As the Senate, we are the keepers of the counties. We are there for counties.

Various Senators from each of the counties, for example, would bring this issue and we allocate time to discuss it. Within the Committee on Devolution and Intergovernmental Relations, this issue is seized of, the various participants are called and the discussion done.

Finally, it has come as a Petition and, therefore, it will get the attention. However, how many counties might want to petition in this way? Some counties might not go down that route. We, as Senate, should be seized of all the issues before they are brought in a form of a petition. Every county has specific issues and problems.

Madam Temporary Speaker, my worry is that when the operations of a county assembly and county government are affected in totality, then what devolution was envisaged for – for the trickledown effect of resources and ensure service delivery is cascaded to the devolved unit level – is completely missed out. Therefore, a lot of time is taken on administration and financial issues. At the same time, millions of people who are waiting for those services end up not getting them in one or two years. Before we know it, the devolution cycle is already finished.

We must find a pragmatic way of seizing of these issues and intervening in real time and in such a way that counties can feel that these issues have been addressed. If they are legal, purely administrative or financial issues, expertise can be added. If they are issues that concern legislative interjection from the Senate, then we must be able to do that in real time. This is because in the five years that the Senate is here, we should be hearing about these issues every single year and report.

As we comment, commit and report on the work of the Committees, then this is exactly what we should expect from the Committee on Devolution and Intergovernmental Relations. That, the health of this county, for example, has issues one, two, three and four. We will always have these issues. We have seen county assemblies sometimes having conflict with the speaker or the executive of that county. We have also seen issues between various levels of government within the devolved units.

This is to say that in any organisation structure, these conflicts will come up but a way has to found for them to be dealt with in full, once and for all. In terms of financial issues, we have even raised the issue of the Integrated Financial Management System (IFMIS) over and over in this Senate. Despite that, we still have issue. We should not have issues of financial impropriety in counties. If we have an input and output system where money has gone in and it can be accounted for, then we need to get to that point.

Madam Temporary Speaker, I think this Petition will bring out some of these issues. I am sure even as we welcome the MCAs from Narok County, they probably have one or two things that resonate with what they are going through.

We are going to the third cycle of devolution. It is important that we get the administrative bit right and then move on to the other substantive issue. How is the trickledown working? Are people getting enough? Is the Ward Fund or the equivalent of that going to the ward? Are we getting the water to the places it should get to? Are we getting food, hospitals, and drugs? That is where the thrust of all these is. Either the county executive, county assembly or the speaker’s office in counties, is meant to facilitate and have a well, streamlined system to handle these things in real time.

Madam Temporary Speaker, there is a time we had even suggested that a Speakers’ Hour or a Senators’ Speaker Hour because we have it coming in as statements. This will be a time to just talk about our own counties. We talked about what is happening, or the issues affecting in counties, so that we find a solution.

I think the structure that we have now is that of the Committee on Devolution and Intergovernmental Relations. Let them be seized of this matter, depending on where the Petition will go to. As the Committee on Devolution and Intergovernmental Relations keeps seizing of these matters, let them also resolve them in good time. If we do this, counties can then have the required health and quickly turn to matters development. In the end, counties will make the dream of many Kenyans who voted Constitution, 2010 mainly because of devolution, come true

Sen. Malalah, proceed.

Thank you, Madam Temporary Speaker. I support the Petition. It is high time that county assemblies operate autonomously.

As I speak, we have experienced a very bad incident in Kakamega County Assembly. There was an impeachment against the Speaker of Kakamega County Assembly. The speaker has taken away the Mace. It is not in the precincts of the Assembly. These are issues that we need to be looking into seriously. It is important to start looking and mentoring our county assemblies.

I am sure this Petition will come before our Committee of Devolution and Intergovernmental Relations where I am a Member. We assure the people of Nyandarua County that we will adjudicate this matter and ensure that we have an amicable solution.

Madam Temporary Speaker, may I ask this House that we are the protectors of devolution. We know that devolution is meant to protect the county executives and the county assemblies. Many at times, the county assemblies depend on the county executives because of the financing model. We need to legislate and amend the Public Finance Management (PFM) Act, 2012 to ensure that when we disburse monies from the National Treasury, let county assembly and county executive each get their money directly.

County assemblies depending on the county executives is what is making the County Executive Committee Members (CECMs) control county assemblies. Therefore, the autonomy of county assemblies is mandatory as envisaged in our Constitution. Most of the drafters of our Constitution led by Sen. Orengo and others are here. They had envisaged a situation whereby we must have separation of powers between the Legislature and the Executive. This must not be watered down in our county assemblies.

Therefore, this matter is before this House and it will get the attention it deserves. I know we are going on recess, but as Committee, we assure that we will adjudicate this matter and come up with an amicable and long lasting solution to county assemblies.

Sen. (Eng.) Hargura, proceed. Please, let us be short because we need to hear from the Senator for Nyandarua County, whom I am told is not well today.

Thank you, Madam Temporary Speaker, for this opportunity to support the Petition.

I know in the case of Nyandarua County, they could not appear before the Committee on County Public Accounts and Investment (CPAIC) because the Speaker

and the Clerk cannot access their offices. That is why they could not even present the responses required of them.

The same situation is still in other counties. I know of Kisii County which has a similar issue although they are sorting it out. The Speaker has been impeached and he has gone to court. West Pokot County is even in a very bad situation, where the Speaker cannot access her office. The West Pokot County Assembly Service Board cannot meet and you do not how they are actually expending the funds they are allocated as a county assembly.

There is a very serious problem. The way it is moving with the impeachments of speakers, county assemblies are getting into problems. There could be an interference by the county executive in cases where we have discussed with the speakers and the Board Members. As the Senate, it is necessary that we take action and see how we can assist in sorting out this mess which is coming up in county assemblies.

One of the ways that has been suggested is the autonomy of the county assemblies. As the Senate, we have been of assistance. Two years ago, when the financial year lapsed county assemblies could not access whatever balance they did not get. The county executive would takes it and not pass it over to the county assembly. Through the County Allocation of Revenue Act (CARA) of the Financial Year 2019/2020, we put a condition that whatever is not received by the end of the financial year, should be carried over even for the county assembly.

Logically, the next step is that we should ensure that the PFM Act, 2012 is amended such that county assemblies get full autonomy from the county executives. It is difficult to oversight a body when it controls your funding.

Sen. Mwangi, proceed.

Thank you, Madam Temporary Speaker. This is a serious matter in Nyandarua County and it requires serious the attention of this Senate. This Senate needs to save Nyandarua County Assembly because it has not been operating for the last six months.

Whichever Committee is going to deal with this matter - I presume it is the Committee on Devolution and Intergovernmental Relations - should handle this matter with seriousness. What I am seeing is that there are squabbles within Nyandarua County Assembly. In 2018, they had a similar matter. They had disagreed and tried to impeach the Governor and the speaker, but nothing worked. As old people and because we are of age to sit down and decide on some cases, we agreed that we should never have infighting between the Nyandarua County Assembly its county executive or within the County Government itself.

Madam Temporary Speaker, we have had issues with this County Assembly and they have gone to court more than 20 times. Judgments have been delivered by a court in Nakuru, but they have also not worked. That is why I say that this is not just another a matter that is coming to this House. It is a matter that has crippled the Nyandarua County Assembly from working. This matter requires many witnesses who know about this case.

I volunteer to talk to the Committee on Devolution and Intergovernmental Relations when they convene. Every person who is assumed to have information about the source of this infighting should be called by the Committee to give information. This matter cannot end by a few people talking to this Committee. It is deeper than we think.

There is total disagreement between the Speaker and the Governor. The fight is actually not in the county assembly.

The county assembly has their way of looking at this matter, but they are not working independently. The speaker also has his problems. That is why I said that the Committee requires to do serious investigations, to get the facts and data before making a decision. As we talk here, we cannot say so and so is wrong until proper investigations are done; and those who have caused problems have been identified.

We are talking of an Assembly that has not worked for six months. Therefore, it should not even be there because it is not helping the people of Nyandarua County. They have not been able to solve the problem for a long time. It is totally paralysed. Sometimes, the budgets are not passed in good time and workers are not even receiving their salaries. They got their salaries a few days ago. They have been working without having their salaries paid.

The cases in court should also be made to work. The County Government and the County Assembly should sit down and agree on how to deal with this matter. Therefore, I urge the Committee that will deal with this matter to look at it in-depth, so that they can identify the problems that the people of Nyandarua are going through.

Thank you, Madam, Temporary Speaker.

Hon. Senators, pursuant to Standing Order No.232 (1) the Petition is hereby committed to the Standing Committee on Devolution and Inter Governmental Relations for its considerations.

In terms of Standing Orders No.232 (2) the Committee is required, in not more than 60 calendar days from the time of reading this prayer, to respond to the petitioner by a way of a report addressed to the Petitioner and laid on the Table of the Senate.

Sen. Sakaja, we had two reports from your Committee, that is, a report on a Petition by Mr. Taratisio Ireri and a report from the residents of Kericho County. I do not know whether you are ready with the two. If you are ready, kindly respond.

Thank you very much Madam Temporary Speaker. My apologies; I was not here when you called me out for the first time. I was out there with the great Senator of Nakuru and Sen. Omanga in Dandora on Parliamentary work for this Committee. We were looking at the stadium and have seen very good things.

Allow me to give reports on the two Petitions. I will give them concurrently and just a few highlights.

The Petition raised concerns on the continuous registration of elderly persons who have in the past years turned 70 and are eligible for registration in the Inua Jamii Programme; the registration procedure and the timelines as beneficiaries for Inua Jamii programmes; the reasons for failure to receive the cash upon eligibility and registration and the status of implementation of the NHIF programme for elderly persons benefitting from Inua Jamii Programme and accountability.

The Petitioner also raised concerns on the application of inadequate resources on the implementation of this programme and possible solutions. He called for an urgent audit of the Inua Jamii cash transfer programme and as such, humbly prayed that the Senate does two things:

Committee on Finance and Budget will see which counties have got gaps. You may find

shall table tomorrow. My Committee and I are going on recess without a backlog. The response on Sen. Dullo’s issue is sorted and I will be giving that response tomorrow.

I thank you. The Temporary Chairperson (Sen. Pareno): True enough. We should have committee awards for a job well done by that committee. I will allow short comments on both reports for maximum of 30 minutes.

Proceed Sen. Cherargei.

Madam Temporary Speaker, I congratulate my immediate former Committee of Labor and Social Welfare led by our all-time favorite Chairperson, Sen. Sakaja Johnson Arthur CBS, MP and the Senator of the great County and the future Governor of Nairobi City County.

Madam Temporary Speaker, this issue of Inua Jamii is critical. Wherever any Member of this House goes anywhere and meets wazee who are over 70 years, they always complain that either they have never been registered or they have never received their cash disbursement. I agree with the recommendation that within 90 days there should be a special audit to know what is happening because you go into the village and wazee bring you the ID card and tell you that they have registered, but have not received cash disbursement.

I congratulate the petitioner for bringing this live matter to the House. According to population census of 2019, more than 250,000 Kenyans are Beyond 70 years. The only have one problem with this initiative, the Inua Jamii is that the there is no proper sensitization of registration. Most of these people are above 70 years and all of us are potential old men and women in future. I have never heard the national Government officers administration, the administration of cells doing a mass sensitization programme the way other programmes have been doing. For example, when the Constituencies Development Fund (CDF) office is issuing bursaries or when there is registration of voters. We need to be given a proper sensitization programme so that as leaders, they can partner with our offices. Why is it hard for them to partner with Senate offices across 47 counties? They can partner with Women Representative and county government offices, so that when they are sensitizing and registering new members that have reached over 70 years, they can be able to do that.

I have noted what the Committee has done is also the issue of timely disbursement. Most of it like KCB has been mentioned, that this money that is accessed- --. That is why we need to look for something more accessible even in my local trading center called Mosoriot Township. You are more likely to find a post office than a KCB branch or any other financial branch. We could even use cooperative societies that belong to farmers. If you are giving Kshs2,000 and you have to travel from Mosoriot all the way to Kapsabet or Eldoret you need about Kshs200 to and from. Imagine you are going to withdraw Kshs2,000. You will remain with only Kshs1,800. Most of these old people need to just get something to buy medicine. Some of them have many other diseases that go on and on like cancer and they need energy.

Madam Temporary Speaker, another point I really wanted to make is on the issue of the NHIF programme. I think the Universal Health Coverage (UHC) is very important. The future coming Government, including the “hustler nation government” must look on a way of ensuring that we have UHC. I know the National Hospital

True enough. We should have committee awards for a job well done by that committee. I will allow short comments on both reports for maximum of 30 minutes.Proceed Sen. Cherargei.

Insurance Fund (Amendment) Bill is coming before the House. These are 250,000 people. You have heard Sen. Sakaja say that these are few people. They can know each other. I saw him say in JKL and I have seen him saying this today here---

I watched because you were there. These are few, 250,000 out of 47,500,000 Kenyans according to the 2019 census. What is hard for the Government to provide them with NHIF cards? You know at that age there are many diseases that might just decide to come. I think we must put in place that we agree with it.

Madam Temporary Speaker, the Committee must really assist us in ensuring that this special audit--- I do not know the resolution of the Committee, whether they have written to the Auditor-General, so that when we come back from the long Christmas Holiday recess, we must be told who has the money.

You know I told the Principal Secretary (PS) who was the former County Commissioner of Mombasa by the name of Mr. Nelson Marwa. He was complaining that some young people like me were withdrawing money. They are becoming old so that they can receive that amount of money. I hope as we make the resolution, the Committee led by Sen. Sakaja has met with the PS. We must be told why because if a PS of such Ministry makes such serious allegations, then there must be proof. What is the role of the DCI and the EACC? It is unbecoming if anybody is abusing this issue of ensuring that they become old and yet they are young. I do not know why young people or people within Government offices would want to benefit from something that they have not. They are not their age. Why would you want to take Kshs2,000 for a70 year old? That Kshs2,000 means a lot to that retired person.

Madam Temporary Speaker, the Committee has done its bit, but the National Treasury must be blamed. The National Treasury must tell us why there is a delay in disbursements of cash for the Inua Jamii Programme. It is very important because when the budget has been appropriated. Why is it that wazee who are over 70 who depend on the cash transfers programme when the money has been disbursed to departments and ministries? We know of other programmes such as the issue of the Nutrition Programme, supporting the Orphans and Vulnerable in the Society. I think the National Treasury must ensure that they put measures in place.

Madam Temporary Deputy Speaker, we should also have a natural attrition system of people who have been registered. Maybe at a certain age when you are 70, some beneficiaries have died. What is the system that the Ministry of Public Service and Special Programme has put in place? How do you ensure that if the beneficiaries have died, they are exited from the system, so that you do not pay ghost people?

Secondly, Madam Temporary Speaker, there are people who were not 70 years in

Insurance Fund (Amendment) Bill is coming before the House. These are 250,000 people. You have heard Sen. Sakaja say that these are few people. They can know each other. I saw him say in JKL and I have seen him saying this today here---

I watched because you were there. These are few, 250,000 out of 47,500,000 Kenyans according to the 2019 census. What is hard for the Government to provide them with NHIF cards? You know at that age there are many diseases that might just decide to come. I think we must put in place that we agree with it.

Madam Temporary Speaker, the Committee must really assist us in ensuring that this special audit--- I do not know the resolution of the Committee, whether they have written to the Auditor-General, so that when we come back from the long Christmas Holiday recess, we must be told who has the money.

You know I told the Principal Secretary (PS) who was the former County Commissioner of Mombasa by the name of Mr. Nelson Marwa. He was complaining that some young people like me were withdrawing money. They are becoming old so that they can receive that amount of money. I hope as we make the resolution, the Committee led by Sen. Sakaja has met with the PS. We must be told why because if a PS of such Ministry makes such serious allegations, then there must be proof. What is the role of the DCI and the EACC? It is unbecoming if anybody is abusing this issue of ensuring that they become old and yet they are young. I do not know why young people or people within Government offices would want to benefit from something that they have not. They are not their age. Why would you want to take Kshs2,000 for a70 year old? That Kshs2,000 means a lot to that retired person.

Madam Temporary Speaker, the Committee has done its bit, but the National Treasury must be blamed. The National Treasury must tell us why there is a delay in disbursements of cash for the Inua Jamii Programme. It is very important because when the budget has been appropriated. Why is it that wazee who are over 70 who depend on the cash transfers programme when the money has been disbursed to departments and ministries? We know of other programmes such as the issue of the Nutrition Programme, supporting the Orphans and Vulnerable in the Society. I think the National Treasury must ensure that they put measures in place.

Madam Temporary Deputy Speaker, we should also have a natural attrition system of people who have been registered. Maybe at a certain age when you are 70, some beneficiaries have died. What is the system that the Ministry of Public Service and Special Programme has put in place? How do you ensure that if the beneficiaries have died, they are exited from the system, so that you do not pay ghost people?

Secondly, Madam Temporary Speaker, there are people who were not 70 years in

Committee on Education. Allow me to say that we have talked many times about the

Thank you, Madam Temporary Speaker, for giving me this opportunity to add my thoughts to these two reports.

On the report that had been presented before the Floor of this House by the Committee led by Sen. Sakaja, it is a very important report. On NHIF, it is actually supposed to cushion the many Kenyans who are not able to pay hospital bills. Health is a very important issue. Even constitutionally, Article 43 (1) is very clear that when it comes to health, it is a constitutional right for all Kenyans. There is need to ensure that health services are also extended to people with terminal illnesses. There are people with terminal illnesses who are actually dying in their homes slowly by slowly because they are not able to afford medical costs. We must remember that Kenya is among the countries that signed and ratified the international law that infers that we prioritize the health of everyone.

Madam Temporary Speaker, concerning the issue of cash transfers, there are many deserving Kenyans who are also not receiving cash transfers. They end up not getting the money. There is need for county governments to identify the elderly in their counties, establish a database for them and ensure that they are receiving the cash transfers.

I want to comment on the issue of education. This is because I belong to the

Committee on Education. Allow me to say that we have talked many times about the

to ratify, but before ratification in this House, there is need for public participation to be done so that there is an agreed amount of money that teachers can be paid and stakeholders in education can also be brought on board to bring their thoughts. The ratification can be enriched by stakeholders.

My suggestion is that the Teachers Service Commission (TSC) should be empowered. It should be given more money so that they are able to employ ECDE teachers. The TSC has a way in which they are able to pay teachers according to their grades, education and all that. There is need for a system like that to be devised, so that the Government gives more money to the TSC and given the teeth to ensure---

I give you one more minute.

Thank you Madam Temporary Speaker. Education should be a priority in this country, and that every child should be educated. The Early Childhood Development Education (ECDE) is the cornerstone and foundation of education. Therefore, if we have it wrong as a country, then it will be very difficult for us to straighten a tree when it has already bent. We can have the ECDE as a co-shared function. The Government should support the payment of teachers by sendind money to the TSC, so that apart from registering those ECDE teachers, they can also pay them the same way that they pay other teachers. I highly doubt the TSC would pay Kshs.10,000 to the ECDE teachers. It is painful that some of them are paid Kshs10,000 or Kshs8,000.

Madam Temporary Speaker, there is a Senator who has talked of increment. It could be increment by Kshs2,000. This is not deserving. It is demeaning the fraternity of the profession of teaching and should not be the case.

I thank you Madam Temporary Speaker.

Proceed, Sen. Cheruiyot

of this county, I will ensure and see to it that all the binding recommendations which the specific committee in charge of public service in Kericho promised in terms of remuneration and absorbing this number of teachers in the different phases that they outlined for us. We will ensure that we take them to task.

Madam Temporary Speaker, finally, I would like to mention something on this issue of the Inua Jamii programme. It is a very noble social welfare support programme, which unfortunately the Government has not been able streamline. The unfortunate thing is that while we hear all these problems and issues that are arising at the head office, it is our sincere most hope that by use of ICT, the Government can actually leverage on it to ensure that all the elderly persons in our country are registered and they are actually captured on the programme, so that these almost 130,000 people that have been left out begin to benefit, such that at the end of life , say for any 70 year old and above are immediately gotten out of the system so that others join the programme, especially with the introduction of this new phase on the National Hospital Insurance Fund (NHIF). When you read the cost that is lacking, only Kshs.4.9 billion---

of this county, I will ensure and see to it that all the binding recommendations which the specific committee in charge of public service in Kericho promised in terms of remuneration and absorbing this number of teachers in the different phases that they outlined for us. We will ensure that we take them to task.

Madam Temporary Speaker, finally, I would like to mention something on this issue of the Inua Jamii programme. It is a very noble social welfare support programme, which unfortunately the Government has not been able streamline. The unfortunate thing is that while we hear all these problems and issues that are arising at the head office, it is our sincere most hope that by use of ICT, the Government can actually leverage on it to ensure that all the elderly persons in our country are registered and they are actually captured on the programme, so that these almost 130,000 people that have been left out begin to benefit, such that at the end of life , say for any 70 year old and above are immediately gotten out of the system so that others join the programme, especially with the introduction of this new phase on the National Hospital Insurance Fund (NHIF). When you read the cost that is lacking, only Kshs.4.9 billion---

Your time is up. Proceed, Sen. Halake.

come before the governors and they are so mighty that they can just at a sitting decide they can increase. Why did they not increase the salaries before? Is there a system in place or are we going to be relying on the philanthropy, good will and mercy of governors of counties at this point? I congratulate the team for a job well done, but I do not see any consequence that has been put for anyone to change the way things are at the moment and, therefore, this House had better think of making sure that our reports are not just fluffy and we are just giving recommendations that will never see the light of the day.

Madam Temporary Speaker, I support.

come before the governors and they are so mighty that they can just at a sitting decide they can increase. Why did they not increase the salaries before? Is there a system in place or are we going to be relying on the philanthropy, good will and mercy of governors of counties at this point? I congratulate the team for a job well done, but I do not see any consequence that has been put for anyone to change the way things are at the moment and, therefore, this House had better think of making sure that our reports are not just fluffy and we are just giving recommendations that will never see the light of the day.

Madam Temporary Speaker, I support.

Proceed, Sen. Omogeni.

for us to streamline the terms of service for the ECDE teachers, so that they are uniform in the whole country and they become permanent and pensionable.

If you have somebody on a three-year contract they cannot even access loans, they are not able to plan their income adequately. That sector has problems and as Senators, we need to find ways of addressing it so that the welfare of these ECDE teachers is taken care of. They are the ones who nurture our young children. If we do not take good care of them then they will not do a good job for these young children.

I thank you Madam Temporary Speaker.

for us to streamline the terms of service for the ECDE teachers, so that they are uniform in the whole country and they become permanent and pensionable.

If you have somebody on a three-year contract they cannot even access loans, they are not able to plan their income adequately. That sector has problems and as Senators, we need to find ways of addressing it so that the welfare of these ECDE teachers is taken care of. They are the ones who nurture our young children. If we do not take good care of them then they will not do a good job for these young children.

I thank you Madam Temporary Speaker.

We are through with Petitions. Next Order.

Thank you Madam Temporary Speaker. I beg to lay the following papers on the Table of the Senate today, 1st December, 2021:-

The 2022 Budget Policy Statement. The 2022 Medium Term Debt Management Strategy. The Draft Division of Revenue Bill, 2022. The Draft County Allocation of Revenue Bill, 2022. Annual Statutory Report for the CoG

Thank you The Temporary Speaker, I beg to lay the following paper on the table of the Senate today 1st December, 2021-

Report of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration on the Ethnic Diversity and inclusivity at the Kenya Maritime Authority (KMA) and the Kenya Ports Authority (KPA) .

Thank you Mr. Temporary Speaker.

I thank you. Next Order. Proceed, Chairperson, National Cohesion, Equal Opportunity and Regional Integration.

I thank you. Next Order. Proceed, Chairperson, National Cohesion, Equal Opportunity and Regional Integration.

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

report on the BPS. However, we usually send two different reports. There is a report by

Mr. Temporary Speaker, Sir, on the Communication which we have received very well, I will say one or two things. I do not know if there is any other Member who would like to say something.

It is very discontenting on the timing of this BPS. I do not know how the National Treasury is operating under our good friend Cabinet Secretary (CS) Ukur Yatani who has been a governor.

The BPS is such an important document that is being brought at the tail end of this session. Committees will have to sit and consider line items in their various Departmental Committees and then table a report yet we are going on recess tomorrow. That will necessitate a special sitting. Why is it that this BPS is brought out of time? It is not right for us, as a House, to accept that it is brought when the CS deems it fit and then we have to deal with it. We need to urge this CS to behave better. We want to give meaningful input to BPS as the Senate.

Secondly, the way the trend has been is that the Public Finance Management (PFM) Act, as you mentioned correctly, and the Constitution state that Parliament must

report on the BPS. However, we usually send two different reports. There is a report by

goes and is disregarded and only the National Assembly one is taken. This House must pronounce itself on those two matters.

I thank you.

Thank you, Sen. Sakaja. As you have clearly put it, I will communicate at a later date about it.

Proceed, Chairperson, National Cohesion, Equal Opportunity and Regional Integration.

Thank you, Mr. Temporary Speaker Sir. I beg to give notice of the following Motion-

THAT, the Senate adopts the Report of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration on ethnic diversity and inclusivity at the Kenya Maritime Authority (KMA) and Kenya Ports Authority (KPA) laid on the table of the Senate on Wednesday, 1st December, 2021.

Let us move on to the next Order.

Thank you, Mr. Temporary Speaker Sir, for this opportunity. I have two Statements and I hope you will allow me to read them concurrently, consequently or subsequently.

Okay, you are allowed. UNQUALIFIED PERSONS PRACTICING AS ADVOCATES IN VARIOUS PRIVATE COMPANIES

Thank you, Sen. Cherargei. I can see an interest from Sen. (Dr.) Musuruve. In the interest of time, I will give you three minutes. You want to react to both Statements or only one?

Thank you, Sen. Cherargei. I can see an interest from Sen. (Dr.) Musuruve. In the interest of time, I will give you three minutes. You want to react to both Statements or only one?

I think this is an issue that should be interrogated, and I support it.

I think this is an issue that should be interrogated, and I support it.

Sen. (Dr.) Mwaura, sijui ulitaka kuongea kuhusu taharifa ipi na karibu sana, tumekukosa sana.

Asante sana. Nashukuru sana kwa sababu nakuona Spika, umechukua hatamu zile nilikuwa nazo kwa hivyo kongole sana kwa sababu lazima tuendeleze Kiswahili kwa sababu ni lugha ya Kitaifa ambayo ni nzuri zaidi.

Nashukuru kurudi hapa tarehe moja Decemba kwa sababu naona kwamba ni jambo la muhimu, hata ingawa naona taa ya manjano imeweza kuwekwa lakini niseme kama singekuwa na mawakili gushi, singewahi rudi hapa. Kwa hiyo, taarifa hii ambayo imewasilishwa na Mweshimiwa Senata wa Nandi, Cherargei, ambaye pia ni wakili, ni muhimu sana kuhakikisha ya kwamba hatuna matapeli ambao wanajifanya kama wao ni mawakili alafu kazi yao ni kuchukua hela za watu na hawaendi kotini. Kwa hivyo ni jambo ambalo linafaa kushughulikiwa zaidi.

Nafikiri kumekuwa na tashwishi sana katika lile shirika la mawakili la Las Society of Kenya (LSK) . Nilikuwa na Rais, Bwana Havi. Nina waomba wachukulie hili jambo kuwa muhimu sana kwa sababu tunajua kama mtu yeyote angependa kupata haki, lazima awe na wakili mzuri ili akwende katika kitengo cha mahakama na aweze kuskizwa. Lakini kama mtu yeyote ambaye anafanya biashara zingine zozote anaweza pia kujisimamisha kama wakili na kufanya shughuli ambazo sio za rasmi kwa sababu ni kampuni tu, itakuwa ni jambo ambalo ni la kudhoofisha usawa wa sheria.

Bw. Spika wa Muda, ningependa pia kuchukua mwito huu kusema kwamba, ni vizuri pia mawakili nao wasiwe wanatumia kampuni zao za uwakili kufanya biashara zingine. Nafkiri hiyo ndiyo taswishi ambayo ipo kwa sababu kampuni ya mtu binafsi ina nafasi ya kufanya chochote kile ilhali pia biashara ya uwakili inafaa kusajiliwa rasmi.

Naunga mkono.

Thank you, Sen. (Dr.) Mwaura. I commit the first Statement to the Standing Committee on Justice, Legal Affairs and Human Rights.

The second Statement is committed to the Standing Committee on Land, Environment and Natural Resources.

Hon. Senators, the other Statement is by Sen. Halake. She is not in, therefore, it is deferred.

The Chairperson of the Standing Committee on Finance and Budget is not here and this is deferred. The Chairperson, Standing Committee on Health proceed.

Sen. (Dr.) Musuruve. In the interest of time, I will give three minutes to every Member.

Sen. (Dr.) Musuruve. In the interest of time, I will give three minutes to every Member.

Thank you, Mr. Temporary Speaker, Sir. I rise pursuant to Standing Order No.51 (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on Justice, Legal Affairs and Human Rights during the third and fourth quarters of the Fifth session, that is, the period from July to December, 2021.

Mr. Temporary Speaker, Sir, the Standing Committee on Justice, Legal affairs and Human Rights is established under Standing Order No.218 (3) of the Senate Standing Orders. It is mandated to look into matters relating to constitutional affairs; the organization and administration of law justice and elections; promotion principles of leadership, ethics and integrity; and looking into agreement treaties and conventions and the implementation of the provisions of the Constitution on human rights.

During the period under review, the Committee held a total of 44 sittings, during which it considered various legislative proposals. It also considered Bills, Statements, Petitions and enquiries. Of the 44 sittings of the Committee, 42 were held by the

Committee while two were joint sittings with the Standing Committee on National Security, Defence and Foreign Relations on matters dealing with county boundary disputes.

Mr. Temporary Speaker, Sir, the Committee transacted the following business during the period under review. On legislative proposals, the Committee undertook pre- publication scrutiny of three legislative Bills, which were referred to the Committee, pursuant to Standing Order No.125 (3) (a) of the Senate Standing Orders.

These were-

Report on one Petition, that is the Petition by Sammy Muriuki while others are pending

Committee while two were joint sittings with the Standing Committee on National Security, Defence and Foreign Relations on matters dealing with county boundary disputes.

Mr. Temporary Speaker, Sir, the Committee transacted the following business during the period under review. On legislative proposals, the Committee undertook pre- publication scrutiny of three legislative Bills, which were referred to the Committee, pursuant to Standing Order No.125 (3) (a) of the Senate Standing Orders.

These were-

Bill to ensure compliance with the constitutional requirements on public participation.

Report on one Petition, that is the Petition by Sammy Muriuki while others are pending

Committee on Justice, Legal Affairs and Human Rights has done.

Thank you, Sen. Olekina. Sen. Farhiya, you may proceed. In the interest of time, I am now giving three minutes to every Senator who will contribute.

Committee on Justice, Legal Affairs and Human Rights has done.

Thank you, Sen. Olekina. Sen. Farhiya, you may proceed. In the interest of time, I am now giving three minutes to every Senator who will contribute.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to commend the Committee on Justice, Legal Affairs and Human Rights for the great job they have done. I wish to single out the issue on concurrence of Bills between the two Houses. Our legal experts, especially our Senior Counsels, including Sen. Mutula Kilonzo Jnr., have always been at the forefront in ensuring that the Senate gets the justice it deserves.

If we do not have concurrence on Bills, then I think this House might as well close down because it will have no business to transact. Since the High Court landmark ruling that enabled all Bills to be concurred with the Senate, the work of this Senate has started moving forward. Out sister House has started bringing Bills to this side to ensure there is always concurrence.

Mr. Temporary Speaker, Sir, the Senate that was formed in 1963 died a natural death because of the problems such as what we are experiencing now. For devolution to survive in terms of funds allocation, right legislation and support to county assemblies, a vibrant Senate can only be the answer.

I wish to thank all our Counsels, Sen. Omogeni, Sen. Orengo and Sen. Mutula Kilonzo Jnr. for giving pro bono services for all the legal work of this House, that enhances the legislation and ensures progress in the Senate from what the Constitution has given us in terms of the legal interpretation.

I also wish to join you in welcoming the members from Narok County Assembly. I wish to tell them that their Senator is vibrant. He is part of the team that ensured that Narok County never loses a single cent. In fact, he was instrumental to ensuring that Narok County gains funds. In whatever other role that he wants, I think he will deliver. You should consider him.

Sen. Seneta, proceed.

Thank you, Mr. Temporary Speaker, Sir, for also giving me a chance to welcome the delegation from Narok County. I also want to concur with Sen. Olekina that they are doing quite---

Mr. Temporary Speaker, Sir, I just want to quickly welcome them and appreciate the much work that the secretariat can do for the representatives of the people. Most of the time, MCAs are very busy representing the people and so, they may need a lot of research from the secretariat to assist them come up with policies and legislation that can go a long way in helping citizens of Narok County.

I also assure them that they have one of the best representatives in the Senate who is also very vocal. He is not only a representative of Narok County, but all the Maa speaking counties. In fact, when we see him, we see a representative of the Maa people all over the country.

I welcome them and wish them all the best. Mr. Temporary Speaker, Sir, as for the Statement, I agree that the independence of all institutions is very important. I appreciate the work of the Judiciary and for respecting the independence of all the other arms of Government.

Since I was not present in the morning, may I also take this opportunity to welcome back one of our own colleagues, Sen. (Dr.) Mwaura. I wish him all the best as he rejoins the Senate. I thank the Judiciary for standing for the justice of Members within political parties.

Thank you, Sen. Seneta. Sen. Sakaja, proceed.

Mr. Temporary Speaker, Sir, do I second?

No, it is not time for your Statement. You had indicated you want to speak.

Yes, Mr. Temporary Speaker, Sir. As much as I have a Statement, I am proud to be a Member of this Committee, very ably led by the Senator for Nyamira County. We have covered a lot of ground and also have an amazing team led by Mr. Charles. I think what Sen. Olekina said must really be emphasized.

The Directorate of Legal Services of the Senate and Ms. Mercy Thanji who goes to court to represent us together with our Senators, have done it because of fidelity to the Constitution. We saw the National Assembly raking up a bill of I think Kshs90 million on the same case, yet our people have gone pro bono.

Yes!

Mr. Temporary Speaker, Sir, it is a big shame. I think there must be some limit set or some standard because it is the same PSC. We cannot just throw away taxpayers’ money on issues that have been pronounced upon before.

I am proud to be a Member of this Committee and the work that we have been able to do. I know there are many Bills that we are still considering. I hope that Members will still be able to contribute to those Bills next year despite going into politics.

Yes, Mr. Temporary Speaker, Sir. As much as I have a Statement, I am proud to be a Member of this Committee, very ably led by the Senator for Nyamira County. We have covered a lot of ground and also have an amazing team led by Mr. Charles. I think what Sen. Olekina said must really be emphasized.

The Directorate of Legal Services of the Senate and Ms. Mercy Thanji who goes to court to represent us together with our Senators, have done it because of fidelity to the Constitution. We saw the National Assembly raking up a bill of I think Kshs90 million on the same case, yet our people have gone pro bono.

Yes!

Mr. Temporary Speaker, Sir, it is a big shame. I think there must be some limit set or some standard because it is the same PSC. We cannot just throw away taxpayers’ money on issues that have been pronounced upon before.

I am proud to be a Member of this Committee and the work that we have been able to do. I know there are many Bills that we are still considering. I hope that Members will still be able to contribute to those Bills next year despite going into politics.

Mr. Speaker, Sir, allow me to also welcome the team from Narok County. That is my county of ancestry, which many people may not know. My ancestors are from there. The name ole Sakaja is from Lolgorian in Kilgoris. That is where you find many Sakajas. You will not find Sakajas in any other part of the country. They then migrated from Lolgorian, but to date, some are still there and I have interests there. They migrated towards western Kenya in Kitale. That is home. I am very grateful that you have come. My brother, Sen. Olekina, is one of the super Senators that we have in this House. He is always a fighter for your community and Kenyans. Kitii te nebo. Ashe oleng.

The Committee visited the one-stop border post in Busia to oversight on bottlenecks to integration. During the visit, the Committee also met with the Governor and the Speaker of the County Assembly of Busia to assess the compliance of the Busia County Government and County Assembly with the legal provision of representation of diversity in staffing the county.

The Committee similarly intends to visit the one-stop border post in Malaba to conduct oversight on the challenges affecting integration. It will table a report on its findings once inspection visit is concluded.

During the period under review, the Committee engaged in forums with the National Cohesion and Integration Commission (NCIC) and the Ministry of Interior and Coordination of National Government and considered matters of inter-ethnic and political conflicts. It recommended collaboration strategies to prevent such conflicts, particularly during campaign period and measures to reduce political tension accelerated through the platform of churches and the media. During this forum, a political decency and peace charter was developed for consideration and validation.

Due to the COVID-19 pandemic and continued conflicts, the Committee did not undertake scheduled visits to counties adversely affected by conflict. It has proposed to do county visits in the affected counties during this coming recess.

Mr. Temporary Speaker, Sir, the Committee intends to carry out the following key activities during the next quarter-

Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No. 51 (1) (b) to make a Statement on the activities of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration for the period commencing 1st July, 2021 to 30th November, 2021.

During the period under review, the Committee held a total of 28 sittings. It considered two Statements sought by Sen. Were on recruitment made by the Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development and Public Works from 2013 to date and a Statement by Sen. Githua on the Special Groups Access to Government Procurement Opportunities (AGPO) programme.

The Committee concluded the Statement sought by Sen. Githua having received sufficient responses from the Ministry of National Treasury and Planning and after meeting with the CS, where the Senator was present. The Committee is awaiting the response from the Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development and Public Works.

With regard to Bills, the Committee concluded public participation on the National Cohesion and Peace Building Bill (Senate Bill No.19 of 2021) and tabled its report in the House.

The Committee is presently considering a petition from Migori County residents regarding continuous exclusion of persons with disabilities (PWDs) in the Migori County budget. The Committee met with the petitioners and will undertake a visit to Migori to meet with the county government and the county assembly committee responsible for matters of budget and finance to deliberate and conclude on the petition.

Mr. Temporary Speaker, Sir, on matters of regional integration, the Committee met with the Ministry of East African Community and Regional Integration to consider issues of infrastructural development and utilities necessary for enhanced integration.

Let us have the Chairperson, Standing Committee on Labour and Social Welfare, Sen. Sakaja.

Thank you. Your visit will not be complete without Laikipia County. I heard you mention conflict areas such as Marsabit without mentioning Laikipia.

Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No.51 (1) (b) to make a Statement relating to the activities of the Standing Committee on Labour and Social Welfare during the third and fourth quarters of the Fifth Session that is July to December, 2021.

During the period, the Committee has so far held 52 Sittings during which it considered various legislative proposals, Bills, Statements, Petitions and Inquiries. Of these, 49 were Sittings of the Committee, three were joint Sittings with the Standing Committees of National Security, Defense and Foreign Relations, Justice, Human Rights and Legal Affairs on the matter of labour migration, which was very key issue.

The Committee transacted the following business during the period under review- On Legislative proposals, we undertook pre-publication scrutiny and two of these proposals referred to the Committee. That was the Employment Amendment Bill sponsored by Sen. Cherargei and the Social Assistance Bill sponsored by Sen. Omanga.

Pursuant to Standing Order No.125 (3) (a) , we approved these proposals and transmitted them onward with our comments thereon to the hon. Speaker. The proposals have since been published as Bills and are at various stages of consideration.

We considered two Bills during the period under review. Of these, we adopted and tabled a report on the Heritage and Museums Bill that was by Sen. (Dr.) Milgo. We are concluding consideration of the Sports Amendment Bill. We have received a matrix of public participation and proposed amendments.

We were looking at it last Saturday, but felt that proposed amendments from the Ministry of Sports were so many that they would probable change the Bill. We cannot do without Sen. Cheruiyot in there with us.

We have considered 24 Statements sent by Senators. For the record of the House, I will give details. Of these, we have concluded eight. There was one sought by Sen. Kasanga on the Alleged Abusive Treatment of PWDs. We got a response and shared with the Senator.

On the Statement by Sen. Cherargei on the Management of the Inua Jamii Programme by KCB, we met the State Department, Senior Citizens Affairs and Special Programs on 3rd November, 2021. The questioner was invited. A copy was shared with the Sen. Cherargei, but he was not satisfied. I do not know how we will make him more satisfied.

Mr. Temporary Speaker, Sir, you may need to help us. Sometimes when a Statement comes, I cannot change it since I am not the CS, and that is the end of the response. There are many things in this country that are not satisfying. We get to live with it. We will do one more Sittings on this matter and then close it because we cannot focus on one issue.

On the Statement sought by Sen. Were and Sen. Kasanga on the Welfare of Children, the Committee met the State Department.

The Committee again met the relevant said department on 15th December. Both Senators were present and I thank them. We were appraised on the on-going reforms taking place in the care and management of children, especially orphaned and vulnerable children.

Mr. Temporary Speaker, Sir, we noted that issues of children are progressive in nature and we have scheduled periodic meetings with the State Department. Even the

Let us have the Chairperson, Standing Committee on Labour and Social Welfare, Sen. Sakaja.

Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No.51 (1) (b) to make a Statement relating to the activities of the Standing Committee on Labour and Social Welfare during the third and fourth quarters of the Fifth Session that is July to December, 2021.

During the period, the Committee has so far held 52 Sittings during which it considered various legislative proposals, Bills, Statements, Petitions and Inquiries. Of these, 49 were Sittings of the Committee, three were joint Sittings with the Standing Committees of National Security, Defense and Foreign Relations, Justice, Human Rights and Legal Affairs on the matter of labour migration, which was very key issue.

The Committee transacted the following business during the period under review- On Legislative proposals, we undertook pre-publication scrutiny and two of these proposals referred to the Committee. That was the Employment Amendment Bill sponsored by Sen. Cherargei and the Social Assistance Bill sponsored by Sen. Omanga.

Pursuant to Standing Order No.125 (3) (a) , we approved these proposals and transmitted them onward with our comments thereon to the hon. Speaker. The proposals have since been published as Bills and are at various stages of consideration.

We considered two Bills during the period under review. Of these, we adopted and tabled a report on the Heritage and Museums Bill that was by Sen. (Dr.) Milgo. We are concluding consideration of the Sports Amendment Bill. We have received a matrix of public participation and proposed amendments.

We were looking at it last Saturday, but felt that proposed amendments from the Ministry of Sports were so many that they would probable change the Bill. We cannot do without Sen. Cheruiyot in there with us.

We have considered 24 Statements sent by Senators. For the record of the House, I will give details. Of these, we have concluded eight. There was one sought by Sen. Kasanga on the Alleged Abusive Treatment of PWDs. We got a response and shared with the Senator.

On the Statement by Sen. Cherargei on the Management of the Inua Jamii Programme by KCB, we met the State Department, Senior Citizens Affairs and Special Programs on 3rd November, 2021. The questioner was invited. A copy was shared with the Sen. Cherargei, but he was not satisfied. I do not know how we will make him more satisfied.

Mr. Temporary Speaker, Sir, you may need to help us. Sometimes when a Statement comes, I cannot change it since I am not the CS, and that is the end of the response. There are many things in this country that are not satisfying. We get to live with it. We will do one more Sittings on this matter and then close it because we cannot focus on one issue.

On the Statement sought by Sen. Were and Sen. Kasanga on the Welfare of Children, the Committee met the State Department.

The Committee again met the relevant said department on 15th December. Both Senators were present and I thank them. We were appraised on the on-going reforms taking place in the care and management of children, especially orphaned and vulnerable children.

Mr. Temporary Speaker, Sir, we noted that issues of children are progressive in nature and we have scheduled periodic meetings with the State Department. Even the

Thank you, Mr. Temporary Speaker, Sir. This is a House of record. I rise on a point of order on Statement of facts. Sen. Sakaja has alluded to very fishy business happening in our seas. It would be important for this country for him to expound a little bit and provide us with facts.

You are standing on a point of order.

Mr. Temporary Speaker, Sir, that Standing Order is in our Standing Orders booklet and Sen. Sakaja knows it. I hope our friends from Narok County can see how well our Clerks assist us in this work. It is on Statement of facts and I will quote it again once I know the Standing Order. I have just been informed and shall read the relevant Standing Order.

Standing Order No.100 Responsibility for statement for fact

Thank you, Mr. Temporary Speaker, Sir. This is a House of record. I rise on a point of order on Statement of facts. Sen. Sakaja has alluded to very fishy business happening in our seas. It would be important for this country for him to expound a little bit and provide us with facts.

You are standing on a point of order.

Mr. Temporary Speaker, Sir, that Standing Order is in our Standing Orders booklet and Sen. Sakaja knows it. I hope our friends from Narok County can see how well our Clerks assist us in this work. It is on Statement of facts and I will quote it again once I know the Standing Order. I have just been informed and shall read the relevant Standing Order.

Standing Order No.100 Responsibility for statement for fact

“(1) A Senator shall be responsible for the accuracy of any facts that the Senator alleges to be true and may be required to substantiate any such facts instantly.

Sen. Sakaja.

Thank you, Mr. Temporary Speaker, Sir. I have given him the weapon to use against me by telling him the relevant Standing Order. I think Sen. Olekina was walking in when I was explaining, but while doing an inquiry on issues of labour, there were seafarers who died. Their colleagues explained the circumstances around which their colleagues died at sea.

Mr. Temporary Speaker, Sir, during that hearing, they said that the fishing vessels go to the high seas for months. The seafarers request to fish and they are told to not fish, but relax. Do you want to fish or a salary? That is on the record because Committee meetings are recorded, and that is in our HANSARD.

The seafarers stay there for two or three months and another vessel comes from wherever, offloads cargo onto that vessel and it returns back, claiming that cargo is fish. Considering that Senate is not an investigative agency, we do not have a conclusive report and that is why we mandated the Kenya Coast Guard Service, including the DCI and KMA to give us a report on the on-goings.

Mr. Temporary Speaker, Sir, everyone in Mombasa will tell you that Kenya had the highest quantity of prawns. Sen. Mutula Kilonzo Jnr talked about Tuna fish that is no longer there.

Our Committee together with the Committee on Agriculture, Livestock and Fisheries will get a report from the Kenya Coast Guard Service. We will deal with it as the Senate and solve it.

Mr. Temporary Speaker, Sir, I had moved on to the next one by Sen. Dullo, where she had made reservations on the report that we tabled in this House. We requested for further information from the management and the concerned Ministry. We got personnel files of all these people who were dismissed.

The Minister?

It is the CS.

The CS for Devolution is not Hon. Wamalwa.

He was the then CS. We are in tune. Things have changed. He is now in charge of the Ministry of Defence. The then CS of Devolution, Hon. Wamalwa, humbled himself to come to sit in the office twice or trice as we dealt with these issues.

Hon. Chelugui, the CS for Labour has a heart of gold. He would tell me: “I know that this is what the Cabinet is trying to do, but what can we do?”

Mr. Temporary Speaker, Sir, I wish that I could say the same about the rest. The CS for National Treasury is very practical and realistic, in as much as he dodged a few

It is the CS.

The CS for Devolution is not Hon. Wamalwa.

are losing their livelihoods because of automation and all these machines that are coming in. Each county must have a balance.

Mr. Temporary Speaker, Sir, remember that these huge tea companies are on leases of land that are owned by the people. The counties only hold this land in trust on behalf of the people. They gave them a lease, and so, they cannot say that they will only focus on profits, but not the lives of the people in Kericho and Bomet.

Livelihoods have been lost as evidenced by the fact that a company that had employed 12,000 people now employs 5,000 people; from 12,000 to 5000. The new conversations between county governments, multinationals and the workers on a phased introduction of automation are needed, so as to enhance peaceful and mutual profitable coexistence between multinationals and local communities.

Mr. Temporary Speaker, Sir, I do not know why my secretariat has stopped there. When I went through the Collective Bargaining Agreement (CBA), I realized that tea workers are being taken for a ride. The CBA disaggregates the manual collection. It talks about how much that person is paid, the minimum, et cetera. However, there is no provision for those who are picking tea using the machines.

The machines are pulled by two people. Since there is no provision in that CBA, this company has said that this category of work is called field work. So, they pay then based on the field. I was very disappointed that my own uncle, Mr. Atwoli, is the one who signed the agreement between them and the factories. It must be revisited.

These workers in Kericho are being taken for a ride at James Finlay because of that lacuna in the CBA. They need to negotiate on the rate of a machine. That machine probably needs a skill. It is not just pulling a box. The re-negotiation is ongoing, and I hope that my secretariat is listening. This matter is not closed, even if we had put a full stop.

Mr. Temporary Speaker, Sir, my Committee’s mandate is extremely wide. I am sure that our visitors are shocked. I am talking about everything.

There was a Statement by Sen. Mutula Kilonzo Jnr. on the directive by the CS of Sports to the sports registrar of the impromptu inspection of the football federation of Kenya (FKF.)

The Committee invited stakeholders, including the Ministry of Sports, who failed to honour invitations and summons. A lot kept going on, and this is a matter that is ongoing. We issued summons to the CS for Sports, who must attend. There is no running away. Delaying is not a tactic; she must still attend.

We held off actualizing the provisions of Section 19 of the Parliamentary Powers and Privileges Act. We can fine her Kshs500,000 which might be little for her, but that is the limit. We need to amend that law. We can fine, ask that they be arrested, or both.

We do not intend to do that. There is no need for that. We gave her time to come back to us. Normally, she is extremely gracious. She must not fear that there is an ulterior

motive in the Senate. We work here for the sake of Kenyans. That oversight is a must. There is no escaping oversight.

Mr. Temporary Speaker, Sir, I will move swiftly. I know that I have taken a lot of time, but we might lack business if I go too quickly. We are still considering the following up on the Statements below-

There was a Statement sought by Sen. Rose Nyamunga on the Status of Kenya Young Employment Opportunities (KYEOP). There was also a Statement sought by Sen. Enock Wambua on rampant dismissal in private and public sectors. This is especially about a gentleman called Malombe of the Kenyatta National Teaching and Referral Hospital. They say that they had sent their response to the Ministry, but the Ministry has not given back a response. The CS for Health actually sent a text. I do not know if it is on that mater, but I will follow it up. Before we go, will have a response.

Another Statement was sought by Sen. Samson Cherargei on the performance of the Kenya national team at the Tokyo Olympics and mismanagement of athletes by the Ministry of Sports

There was a Statement sought by Sen. Johnes Mwaruma on the construction of Dawson Mwanyumba Stadium. I am very upset with Sen. Mwaruma. Whenever many of the Senators here have an issue, I come to their counties. I have gone to Taita-Taveta severally on security issues when I was chairing the Committee on National Security, Defence and Foreign Relations. I have gone to Wajir on the issue of people who had not been paid. We have gone to Solai, Bomet and Kericho counties.

However, when it comes to my county--- Today I had a county visit, just one hour away in Dandora. I was with Sen. Kihika and Sen. Omanga. It is just that that I have in- laws in his county. We will look at the construction of Dawson Mwanyumba stadium. Perhaps, it will not be a county visit, but we will look at it. You must do unto others as you would like them to do unto you. I have been faithful to my colleagues in this House.

Another Statement was sought by Sen. Aaron Cheruiyot on the state of stadia. I also visited the Green Stadium in Kericho. I looked at the stadium in Bomet and we are getting a response on the national ones.

We have visited Kinoru in Meru and quite a number of stadia. As a Committee, we will do one collective report.

There was a request for a Statement by Sen. Olekina on the impending mass sacking of employees at the Kenya Medical Supplies Authority (KEMSA). I have not seen that response. Maybe that is what the Cabinet Secretary (CS) was trying to get me on, but we need to get that response. You cannot say that you have fired them because of the scandal, but the tea girls and the cleaners were not involved. I doubt.

Mr. Temporary Speaker, Sir, now you are militarising the place. There must be a proper answer to that. This is a civilian institution. It is not impending because they have already been sent home. I know that some of them are suffering. You have children’s school fees. It is just the anxiety of not having a job. We need to have some more heart in this country.

There was also a Statement by Sen. (Dr.) Langat on the late staff salaries and other unfair labour practices by Bomet Water and Sanitation Company (BOWASCO), and the response came. I have seen this response. It has come from BOWASCO and we will share it with the Member. He will tell us.

On the Statement brought by Sen. Sakaja, this is strange. I cannot seek a Statement from my committee. It was on the inquiry on the status of Dandora and I have just said what we have done. That stadium is amazing.

Mr. Temporary Speaker, Sir, there are so many young people around that area who would have benefited. It is 65 per cent done. It was stopped due to these investigations on alleged misappropriation charged on the former Governor, Hon. Sonko. Gov. Sonko did an amazing job on that stadium. If you look at it, you will be shocked. It is even better than some of the big ones by the national Government. That is what we are going to report to as a Committee.

I spoke to the Director General of the Ethics and Anti-Corruption Commision (EACC), Mr. Twalib. The President himself said that it must go on. I have spoken to the Governor and everyone is willing, but afraid of touching it. What we are going to do as a Senate is to say that the work must be complete. You are wasting three years and the stadium has been equiped.

Mr. Temporary Speaker, Sir, I thank the young people of Dandora. They have made sure not a wire has been touched. There are speakers and a public address system, flood lights, and they are taking care of that place themselves. We are going to give the go-ahead for that completion to be done for whatever amount. Sports is not under Nairobi Metropolitan Services (NMS). It is still under the county. Gov. Ann Kananu, finish that stadium so that next year, I can be sworn in as governor there.

There was the issue of Sen. (Dr.) Lang’at on claims of discrimination against local jobs. They are very many and I cannot list all of them that are still ongoing.

Sen. (Dr.) Ali requested a Statement on delays in payment of work injury benefit and another one on senior personnel at GDC.

On the issue raised by Sen. Were on frustrations faced by the retired public servants or the beneficiaries in pensions department, my friend at the Pensions Department sometimes struggles whenever we have an issue. I am very grateful for the team there at the National Treasury, but, sometimes, the issue is actually the cash.

Mr. Temporary Speaker, Sir, maybe because of the economic situation it could be that our pensions have been raided. I was looking for his name. He is Mr. Karega. He is extremely a great man, as well as the Chief Administrative Secretary (CAS), Hon. Gaichuhie. They are very helpful together with the Principal Secretary (PS).

On misappropriation of staff emoluments and statutory deductions, this we wrote. There are many counties where statutory deductions, and I hope Narok County is not one of them. The Pay as You Earn (PAYE), National Hospital Insurance Fund (NHIF),

National Social Security Fund (NSSF) are not being remitted, including pensions to Lap Fund and Lap Trust. They are very many. So, we have asked for an entire breakdown from NHIF, NSSF and all of the counties that have actually defaulted. The accounting officer must be held personally culpable for diverting that money. It is not your money. It is the people’s money.

Mr. Temporary Speaker, Sir, there was the issue of protection of local investors in multinational companies by Sen. Were and Sen. (Dr.) Musuruve on compensation by Mr. Peter Otieno by Sarova Hotels. We are also looking at it. At this point, allow me to urge colleagues that Committees are very serious. Let us avoid bringing a huge Petition on one person. Imagine a whole committee of nine Senators trying to sort out an issue of just one individual.

We should deal with more thematic areas and issues that affect many issues. We will take so much time on one individual. If you just brought it directly to me, for instance, I can make a phone call and we sort that one person. For instance, this one of Sarova Hotels is something easy to solve. I can pick my phone and call my friend, Mr. Jimmy Kariuki, who is the boss of Sarova Hotels and we sort it out. However, because it has come officially, we have to deal with it and have the Senate inquiry on this matter, and we do not have time. The general election is in about 200 days.

Mr. Temporary Speaker, Sir, on Petitions, we have concluded five Petitions and we do not have any pending Petition in my Committee. I am very proud of that.

There was the issue by Sen. Abdul M. Haji on the plight of home workers of Kenya United Steel Company. We finished and have done a report. Mr. Batatisho Ireri Kawe, and I have just heard in the Committee on Justice, Legal Affairs and Human Rights, is a seasoned petitioner.

On the issue concerning Inua Jamii Programme, we have done. Mr. Isaak Nyakeriga is another individual on non-payment of salary and failure by county government and we have done.

On recruitment of Early Childhood Education and Development (ECDE) teachers, we have done and I have laid the report. On an individual called Mr. Isaac Matendechere concerning unfair dismissal by Broadways Bakeries, we have done.

Mr. Temporary Speaker, Sir, I said that the elections is in 250 days, six hours 14 minutes and nine seconds. You cannot stop it. In terms of hours, it is 6,006 hours, 360,374 minutes. If you count from one to 21.6 million, we will be on the Elections Day. The inquiries we have had under the period of review, we did, resumed and concluded an inquiry on labour migration and gave a landmark report tabled in this House.

The report was tabled on the 2nd November, 2021. It was debated and adopted. This is a serious report. We have lost more than 100 girls in a year going to look for work in Saudi Arabia and coming back in a casket. They are going to look for work outside the country, just to feed their families and fend for themselves, and they are coming back in a

casket. We looked at all the issues including labour attaches, the kind of arrangement between Kenya and Saudi Arabia on the bilateral labour agreements and the need for skilled labour agreement.

Mr. Temporary Speaker, Sir, we looked at the need for safe houses and more labour attaches. There was only one gentleman driving the whole of Saudi Arabia. We need eight on Riyadh and eight in Saudi. We gave a list of recommendations and said that until the Government demonstrates movement towards that, we suspend all labour migration. That is a report that has been adopted by this House and transmitted to the Head of Public Service and the CSs. If any of that is going on, it is illegal.

I know certain unscrupulous people who do not care about our girls. They care about business. They have gone and approached the National Assembly in the same committee to tell them to change the outcome. How do we have two committees doing two different reports? They approached the leadership there. We know people in high positions in this country who are exporting our girls like potatoes. We will name them.

Mr. Temporary Speaker, Sir, let the Government just demonstrate how they are dealing with that. These are people’s mothers and sisters. Even just today, in my group from school, I am seeing distress calls. I am not a labour attaché, but there are so many distress calls. We must stand our brand as the Senate. We voted by delegation a resolution of this House suspending that labour migration.

If they demonstrate in a week, we will open it up. If they do in two weeks, we will open it up, but will not allow our girls to go. Every agent, when they send a girl out, gets round USD1500. Instead of seeing a human being, they are seeing USD1500. That we will not allow.

My colleagues in the National Assembly, Kenyans are looking at you. Do not do business with our girls. Just look at our Report and adopt it. There is nothing new. In fact, we asked some of the people we met in Saudi to come and see you. There is nothing new you are going to do. We are more thorough, but let us work together. Ideally, we should have gone together on this inquiry. Let us not sacrifice the lives and livelihoods of Kenyan girls at the altar of money.

We concluded our inquiry in the creative industry. We looked at the issues in the creative industry. Recently when I was one of the guests when KTN News was relaunching, I asked the media houses to pay artists their royalties. Musicians need to get their royalties. We sat with the Creative Society of Kenya, the Ministry of ICT and Youth, Communication Authority of Kenya (CAK), Kenya Copyrights Board, Media Owners Association, like Sen. Olekina here, is one of them, Safaricom and content managing organisations.

Mr. Temporary Speaker, Sir, we agreed and I am glad about the journey we started in around 2015 with President Uhuru Kenyatta and my late friend, Bob Collymore. At that time, an artist was getting less than 10 per cent of their own work when you buy a Skiza tune. We moved it up to 30 per cent thanks to the efforts of

President Uhuru Kenyatta. From there, now, it has gone up to 41 per cent. They have promised--- in fact, I need to call Ms. Sylvia Mulinge and Mr. Ndegwa now. They said that we are going to have a Christmas gift, and most likely, it can go up to 50 per cent. That is joy and the biggest.

Nowadays, you do not hear people talking about piracy because no one is buying CDs. It is on Skiza tunes and You Tube. That is the biggest income earners for our artists, more than even shows. We are going to push for that. I hope we will have 50 per cent. That is our biggest income earner for our artists, more than the shows. We will push for that. I hope we get to the 50 per cent. Ideally, we should have all of it. They used to say that there is an investment by Hauwei on this system that we need to pay off, but now it has been paid.

Mr. Temporary Speaker, Sir, we have had oversight and networking engagements. We have also done many county visits. I have also mentioned the issue of the Early Childhood Development Education (ECDE). We will get the scheme of service from the Council of Governors (CoG), so that we have a proper and standardised scheme of service for all ECDE teachers across the country. We cannot have one ECDE teacher earning Kshs10,000 and another one earning Kshs30,000 yet they are from the same school and teaching the same thing to our children. There must be a unified scheme of service. As a Senate, we will see how to bridge that gap for the counties that cannot afford that shift in budget.

Mr. Temporary Speaker, Sir, everywhere we go we sit with the counterpart county assembly committees. That is a habit that our committees should engage in.

On the future, we are focused on completing pending business. We have concluded all pending Petitions, follow up on implementation of our resolutions, including the County Governments Retirement Scheme Act. We will have an inquiry on the process. We passed that Bill. It took the Senate a long time to do it because the LapFund and LapTrust could not sit together. They now have to come together under one body. We are following up on this. We gave them a five year transition. We will do a review very soon. Sports development and management in the country and the transport workers sector is the next place we will look at.

Mr. Temporary Speaker, Sir, I would like to thank your office for the support that you have given this Committee. I am sorry I have taken long, but it is because the mandate of my Committee is extremely wide. I am blessed to have an amazing team of Senators, starting with my Vice-Chairperson, whom I will not visit his stadium because he did not visit mine, Sen. Mwaruma; Sen. (Dr.) Milgo, who was the former Vice- Chairperson, Sen. Mwangi Githiomi who is amazing. Despite challenges in the

Committee on Land, Environment and Natural Resources, he is always there to chair the

casket. We looked at all the issues including labour attaches, the kind of arrangement between Kenya and Saudi Arabia on the bilateral labour agreements and the need for skilled labour agreement.

Mr. Temporary Speaker, Sir, we looked at the need for safe houses and more labour attaches. There was only one gentleman driving the whole of Saudi Arabia. We need eight on Riyadh and eight in Saudi. We gave a list of recommendations and said that until the Government demonstrates movement towards that, we suspend all labour migration. That is a report that has been adopted by this House and transmitted to the Head of Public Service and the CSs. If any of that is going on, it is illegal.

I know certain unscrupulous people who do not care about our girls. They care about business. They have gone and approached the National Assembly in the same committee to tell them to change the outcome. How do we have two committees doing two different reports? They approached the leadership there. We know people in high positions in this country who are exporting our girls like potatoes. We will name them.

Mr. Temporary Speaker, Sir, let the Government just demonstrate how they are dealing with that. These are people’s mothers and sisters. Even just today, in my group from school, I am seeing distress calls. I am not a labour attaché, but there are so many distress calls. We must stand our brand as the Senate. We voted by delegation a resolution of this House suspending that labour migration.

If they demonstrate in a week, we will open it up. If they do in two weeks, we will open it up, but will not allow our girls to go. Every agent, when they send a girl out, gets round USD1500. Instead of seeing a human being, they are seeing USD1500. That we will not allow.

My colleagues in the National Assembly, Kenyans are looking at you. Do not do business with our girls. Just look at our Report and adopt it. There is nothing new. In fact, we asked some of the people we met in Saudi to come and see you. There is nothing new you are going to do. We are more thorough, but let us work together. Ideally, we should have gone together on this inquiry. Let us not sacrifice the lives and livelihoods of Kenyan girls at the altar of money.

We concluded our inquiry in the creative industry. We looked at the issues in the creative industry. Recently when I was one of the guests when KTN News was relaunching, I asked the media houses to pay artists their royalties. Musicians need to get their royalties. We sat with the Creative Society of Kenya, the Ministry of ICT and Youth, Communication Authority of Kenya (CAK), Kenya Copyrights Board, Media Owners Association, like Sen. Olekina here, is one of them, Safaricom and content managing organisations.

Mr. Temporary Speaker, Sir, we agreed and I am glad about the journey we started in around 2015 with President Uhuru Kenyatta and my late friend, Bob Collymore. At that time, an artist was getting less than 10 per cent of their own work when you buy a Skiza tune. We moved it up to 30 per cent thanks to the efforts of

Thank you, Sen. Sakaja. I am only concerned because you quoted the Bible, but your finishing remarks were “an eye for an eye” simply because your Vice-Chair did not visit your stadia. You said that you will not visit his stadia. It is not fair. May be you could reconsider.

Committee on Land, Environment and Natural Resources, he is always there to chair the

Proceed, Sen. Olekina.

Thank you, Mr. Temporary Speaker, Sir, for allowing me to make some brief comments on the work on the Committee on Labour and Social Welfare. Out of all the jobs that this Committee has undertaken, one really touched my heart. This is the one on the issue of former councillors.

I have hosted the former councillors in my home. I have also visited most of them in Kajiado. There are also others from Nakuru who came in. When you see the way these distinguished men and women are living, you really wonder if there is any need to become a public servant. You come here and toil, work hard, but when you go, unless you know someone or you are in a position to change the law, you are forgotten.

Therefore, I really want to appreciate the Committee. I attended several sessions with Sen. Sakaja, including where I personally called certain Cabinet Secretaries to appear. I was very happy when the CS for Labour and Social Protection appeared before the Committee. Ultimately, I was also happy because summonses were issued for the National Treasury Department to appear. I was in the Committee when they were doing it. These are the kinds of things we should do. We should give credit where it is due.

It is important for the people of Kenya to know the work that Sen. Sakaja and his Committee did to ensure that these people retire with dignity. In 2013, when the Transition Authority (TA) was put in place, they did not really care about those people who had served Kenyans for donkey years. Now, when the Members of County Assemblies (MCAs) retire, they are in a position to amend the law and ensure that by the time they leave, they go home with some gratuity and a pension. In fact, nowadays, because of political interests, they are able to get car grants when they come in, just like Members of Parliament. These are among some of the things that require commendation.

Mr. Temporary Speaker, Sir, it is likely that he did not visit my stadium because he does not believe in people visiting each other too much. Maybe if I go there, I will be offending him. Anyway, I will be very happy to go there. I love the people of Taita/Taveta. They are amazing people and we will do all we can to make sure that stadium is completed and done well. I will be glad to go there; it is beautiful land with beautiful people.

Proceed, Sen. Olekina.

Thank you, Mr. Temporary Speaker, Sir, for allowing me to make some brief comments on the work on the Committee on Labour and Social Welfare. Out of all the jobs that this Committee has undertaken, one really touched my heart. This is the one on the issue of former councillors.

I have hosted the former councillors in my home. I have also visited most of them in Kajiado. There are also others from Nakuru who came in. When you see the way these distinguished men and women are living, you really wonder if there is any need to become a public servant. You come here and toil, work hard, but when you go, unless you know someone or you are in a position to change the law, you are forgotten.

Therefore, I really want to appreciate the Committee. I attended several sessions with Sen. Sakaja, including where I personally called certain Cabinet Secretaries to appear. I was very happy when the CS for Labour and Social Protection appeared before the Committee. Ultimately, I was also happy because summonses were issued for the National Treasury Department to appear. I was in the Committee when they were doing it. These are the kinds of things we should do. We should give credit where it is due.

It is important for the people of Kenya to know the work that Sen. Sakaja and his Committee did to ensure that these people retire with dignity. In 2013, when the Transition Authority (TA) was put in place, they did not really care about those people who had served Kenyans for donkey years. Now, when the Members of County Assemblies (MCAs) retire, they are in a position to amend the law and ensure that by the time they leave, they go home with some gratuity and a pension. In fact, nowadays, because of political interests, they are able to get car grants when they come in, just like Members of Parliament. These are among some of the things that require commendation.

Thank you, Sen. Sakaja. Chairperson, Standing Committee on Land, Environment and Natural Resources, proceed.

Thank you, Sen. Olekina. It is true that the Committee has done a good job. From where I sit, when I listen to Sen. Olekina saying that the former councillors are living in abject poverty, for me, you are just preaching to the converted. I know this so well.

What is it Sen. Sakaja?

On a point of order, Mr. Temporary Speaker. I agree with what Sen. Olekina has said. I want to state something extremely important that I missed out, if you allow me.

I have mentioned everyone in my secretariat, but there is one individual who likes hiding because he deals with the media, so he is always behind the camera. Mr. Frank Mutulu has done an amazing work. The stories you have seen on the Senate are the ones he has done. I have had media officers before, but Frank writes the stories, does the pictures and all you do is send it to the media. That is why you find my Committee is always in the newspapers. So, I want to thank Frank very much for the amazing work he does.

Thank you, Sen. Sakaja. Chairperson, Standing Committee on Land, Environment and Natural Resources, proceed.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity.

I rise pursuant to Standing Order No.51 (1) (b) , to make a Statement on the activities of the Senate Standing Committee on Land, Environment and Natural Resources for the period commencing 1st July, 2021 to 30th November, 2021.

During the period under review, the Committee held a total of 28 sittings, conducted two inquiries, considered one legislative proposal, one Bill, seven Petitions and five Statements.

In respect to the Bills, the Natural Resources

(Senate Bills No.25 of 2020)

was considered by the Committee and a report tabled in this House.

Mr. Temporary Speaker, Sir, during the period under review, the Committee received legislative proposals from the Geology Society of Kenya (GSK) on 2nd July,

Committee on Finance and Budget has committed Senators who are always punctual. We

Thank you, Mr. Temporary Speaker, Sir.

I rise pursuant to Standing Order No.51(1)(b) to make a Statement on the activities of the Standing Committee on Finance and Budget for the period commencing 1st July to 30th November, 2021.

During the period under review, the Committee held a total of 32 meetings and considered various Bills, Statements and investigations.

On the matter of Bills, the Committee has considered and tabled reports on-

Committee on Finance and Budget has committed Senators who are always punctual. We

Thank you, Sen. Farhiya. Next Order.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to comment on the Presidential Address yesterday. As Kenyans have appreciated, in my personal capacity, I appreciate His Excellency Uhuru Muigai Kenyatta for steering this country in the right direction.

From the submission given by our President, you could see how much passion he has for this country. He is steering this country in the right direction. He has a commitment to this country. He cares about the future of this country. You saw how he read his Address. That was proof of all the development, which I will list here. Our country has developed in leaps, unlike other countries which have developed for 150 or 200 years.

If the right leadership takes over from our President, his legacy will not be taken down the drain. If we get the right President, who is corruption free and will steer this country in the right direction, this country will grow. The economy of this country will flourish. All the youth and everybody else will have employment. We have a young

growing population, and as a result of that, we need leaders who will take the development of this country forward.

During the time of our President, this country has gone from a developing country to middle economy. Let me give you one of the greatest achievements of President Uhuru Kenyatta. It is the tarmacking of roads. If I include the colonial government, imagine doing half of what four administrations have done in ten years.

Mr. Temporary Speaker, Sir, that is such a great achievement. If each and every President did that, we would be far by now in terms of development. The future is only brighter. The only thing that we need to consider as Kenyans is whom do we elect to take over from Uhuru Kenyatta who will take over his legacy and ensure that whatever gains he has made do not go down the drain.

As you are aware, Kenyans are hardworking and enterprising people. That is why our economy is ahead of most of the countries in this region. However, the cost of doing business is being made more expensive because of corruption. If this corruption continues unabated, it means that the development that we are gaining--- If our goods and services become more expensive because of corruption, then the development will start going down. I reiterate that when Kenyans vote, they should vote wisely, so that the right person takes over the reigns of power from President Uhuru Kenyatta---

Sen. Farhiya, you have a balance of 10 minutes when this Motion comes up again for debate.

Hon. Senators, it is now 6.30., p.m., time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow, Thursday, 2nd December, 2021, at 9.30 a.m.

The Senate rose at 6.30 p.m.