Hon Senators, I wish to acknowledge the presence in the Speaker’s Gallery this afternoon of vising staff from Elgeyo-Marakwet County Assembly.

The staffers are visiting the Senate on a one week attachment programme. I request each member of the delegation to stand when called out so that they may be acknowledged in the Senate tradition.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 21st February, 2018:

The Commission on Revenue Allocation on recommendation on the basis for equitable sharing of Revenue between National and County Governments for the financial year 2018/2019.

Mr. Speaker, Sir, I beg to give Notice of the following Motion:- THAT, pursuant to Standing Order Nos. 181, 183 and 212, the Senate approves the following Senators nominated to serve in the Select Committees of the Senate as follows-

Mr. Speaker, Sir, I beg to give Notice of the following Motion:- THAT, this House adopts Sessional Paper No. 2 of 2016 on the National Slum Upgrading and Prevention Policy, laid on the Table of the House on Tuesday, 10th October, 2017.

Mr. Speaker, Sir, I beg to give Notice of the following Motion:- THAT, this House adopts the Report of the 8th Ordinary Session of the Forum of Parliaments of Member States of the International Conference on the Great Lakes Region (FP-ICGLR) , held on 5th – 7th

December, 2017, in the Central African Republic, laid on the Table of the House on Tuesday, 20th February, 2018.

Mr. Speaker, Sir, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Senate Delegation to the Women Political Leaders Annual Global Summit, held in Reyjavik, from 28th -30th November, 2017, laid on the Table of the House on Wednesday, 14th February, 2018.

Mr. Speaker, Sir, I beg to give Notice of the following Motion:-

AWARE that Article 27 of the Constitution of Kenya guarantees equality of every person in enjoyment of all rights and fundamental freedoms and prohibits discrimination against any person on any ground including disability and language; FURTHER AWARE that Article 24

(2)

(a)

of the United Nations Convention on the Rights of Persons With Disabilities prohibits persons with disabilities from exclusion from the general education system on the basis of disability, and that children with disabilities are not excluded from free and compulsory primary education, or from secondary education, on the basis of disability; ACKNOWLEDGING that Article 7 of the Constitution of Kenya provides for the national language of the Republic as Kiswahili and the official languages of the republic as Kiswahili and English; APPRECIATING that the Report of the Commission of Enquiry into Education in Kenya

proposed that Kiswahili language be taught as a compulsory subject both in primary and secondary schools in Kenya with the aim of making the language a vehicle for literacy works relevant to community work of various kinds; COGNIZANT that Kiswahili language has been recognized as a unifying language in the East African Community, hence making it a lingua franca in the region; CONCERNED that under the new curriculum of education in Kenya that is being piloted, learners with hearing disability are not offered Kiswahili language in primary schools, secondary schools and primary teachers training colleges; NOW THEREFORE, the Senate calls upon the Ministry of Education, Science and Technology and other relevant state agencies to:

What is your point of order, Sen. Faki?

Asante, Bw. Spika. Nilitaka kudandia Motion ya Sen. (Dr.) Musuruve.

Order! There is no Motion.

Hon. Senators, we will go to order No. 8 and come back to Order No. 7.

Next Order.

Hon. Senators, I direct that the bell be rang for three minutes.

Order Hon. Senators! Order! Order! I now direct that the bars be drawn and the doors be locked.

Order, Hon. Senators: We are now ready for voting and you may start voting now.

Order, hon. Members. Let the assisted voters come and vote.

Order, Members. The results of the voting are as follows:

Let us have, Sen. Mary Seneta.

February 21, 2018 SENATE DEBATES USE AND MANAGEMENT OF RIPARIAN AREAS IN KENYA

Mr. Speaker, Sir, pursuant to Standing Order 46 (2) (b) , I rise to seek a statement from the Chairperson of the Standing Committee on Lands, Environment and Natural Resources regarding the use and management of riparian areas in Kenya.

In the Statement, the Chairperson should state:

Thank you, Mr. Speaker, Sir. I rise to add on the Senators’ concern that has been expressed, highlighting various serious issues that are facing this country. I do not think that it is just a matter of riparian land. The issue of riparian land in itself is very serious because we all remember days when you could not have planted anything along the river bank and this country was well watered.

When Sen. (Prof.) Ongeri says, “I was in Kisii County sometime and I know it is not wet.” I can understand. It is not only in Kisii County, but, today, rivers are drying up

everywhere in Kenya. To some of us who were brought up in places where there were rivers flowing continuously, they started by shrinking and today they are drying up. We do not need bridges anymore to cross those rivers. Besides, even areas that were not arid now they are becoming arid.

Personally, I fear with the little knowledge that I have on the subject, that Kenya could be moving towards desertification if this process continues. This involves many other things like management of water courses and management of our water towers.

In answering this question let us, first of all, know what urgently is going to be done to ensure that the river courses in this country are well guarded. Furthermore, this must not only be about the riparian land. We all remember when there used to be terracing which was well managed. Today, you will find our rivers have turned brown. If you go to Sabaki River after a flood, you can see the brown colour has extended two kilometres into the sea. Therefore, this is subject not be looked casually but----

Senator, ride on the question; do not start to debate.

Mr. Speaker, Sir, I am extending because of the seriousness of the subject, I am not contributing.

In the response, let us know what is going to be done seriously and urgently to address the issue. Also, we should not be told that response will come in two weeks’ time, but should be done within a couple of days.

Thank you, Mr. Speaker, Sir, I would like to ride on the statement by the distinguished Sen. Seneta. The Chairperson of the Committee on Lands, Environment and Natural Resources, when responding, to tell us what the Government is doing in terms the people who plant tomatoes along the rivers. When you go to Narok County, the Mara River is actually drying up. Let us call it dry. Sen. Seneta should know that in the riparian lands there are many different specifies of animals that live and depend on water on that part of land and do not survive anywhere else. So, what happens to these mammals which are no longer there? Secondly, why are people allowed to cultivate the riparian lands?

Thank you, Mr. Speaker, Sir. I would also want to ride on the statement so that when the Chairperson of the Committee on Lands, Environment and Natural Resources is giving the response, he can also address the issue of acquisition of riparian lands. Much as preservation or conservation of the riparian land is very important, there are instances where the county governments and the national Government have acquired the riparian lands from individuals whether compulsory or otherwise, without compensating the people who own those lands. So, as much as we want to conserve, let us also know the recourse that the people who own the private land can take when their land is taken compulsorily to conserve the water catchment areas.

Mr. Speaker, Sir, I would like to ride on that question. Firstly, over a period of time, there has been progressive policy development on the use of riparian land such as the valley bottoms where people were encouraged to develop horticultural products. How much of that policy has eroded the policy on the conservation of the riparian land?

Secondly, is the Ministry concerned willing to revoke all the necessary laws that may have inadvertently come into force in order to reclaim the ecosystem and the

reservoir system of water in this country? Thirdly, what action are we taking as a country? I am talking about the inter-county relationship. What happens in one county affects the other county. To what extent are we able to moderate this intergovernmental relationship in terms of the riparian land?

Finally, this riparian land goes beyond Kenya. There are other riparian areas that affect this country in one way or the other. Is there a way that we can jointly work together in the East African Community for the conservation of the riparian area? I have Masai Mara ecosystem in mind. I am also thinking of the dam which is being built in Ethiopia. That dam is now affecting Lake Turkana and the flow of water to other areas. It is also affecting the ecosystem of the fish.

I would like the Chairperson of the National Land Commission to be seized of the issue that we have now reached at a level where it is an emergency for water provision. I never thought that we would be lacking water in Kisii at one stage. In Nyeri, there used to be a beautiful river when you are driving down through to the Senator of Nyeri’s home in Karatina and coming down. You would enjoy the ripples of that river. It is gone. Are we not self-destructive?

Thank you, Mr. Speaker, Sir. I agree that the question that the Senator has raised is very important. For the first time in this country, we are witnessing the drying up of rivers and many water sources.

We are having a lot of infrastructural expansion and sprawling urban centres and many developments that might affect the riparian areas. I would want the Chairperson to tell us what the Government is doing to ensure that we do not continue losing these riparian areas at the expense of bringing up new infrastructural developments and urban centres. These developments might have very dangerous effects to our generation and the future generation.

Thank you, Mr. Speaker, Sir. From my understanding of what riparian land is; it is supposed to be like a road reserve. For purposes of the river, it will be a water reserve to accommodate floods. Therefore, in Nairobi itself, riparian land has been grabbed to the extent that even the house that was collapsing in Mathare was on the river itself. There is one on Mbagathi Way where the river passes under the building. There are others on Argwings Kodhek and Brookside where the river passes under the buildings.

We would like to know who is in charge in terms of authority of riparian land in Kenya. What is the legislative or policy framework of riparian land in Kenya? What is the size of riparian land for us to determine whether there is encroachment in those premises? If you are going to make any recovery, up to what extent will you make that recovery? If that does not exist, they should propose a legislative framework where we can recover riparian land. That is the problem we have in Naivasha where flower farmers have planted all the way into Lake Naivasha.

Mr. Speaker, Sir, this will have to be a loaded Statement. I undertake that I am going to respond to all the questions asked by all the Senators. I will bring an answer to this House in two weeks’ time, if it is acceptable.

Are you okay with the period that you have been given, Senator?

Mr. Speaker, Sir, I am okay with the two weeks.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.46 (2) (b) to seek a Statement from the Chairperson of the National Security, Defence and Foreign Relations Committee regarding the rampant fire outbreaks in the informal settlements of Nairobi City County. In the Statement, the Chairperson should:-

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I would like to ride on the question. The issue of fire outbreak is so rampant all over. With regard to what Sen. Kwamboka has said, it is important to also investigate what happens to children and people with disability in the slums in the event of fire. There are some who are not mobile. What has the Government put in place to ensure that they are safe?

The issue of fire is also rampant in schools. Remember there was fire at Moi Girls, Nairobi High School. What measures has the Government put in place to ensure that children who are in schools for the disabled are safe in the event of fire?

Mr. Speaker, Sir, I would like to ride on this question. Fire outbreaks are not peculiar only to Nairobi City County. We have these fire outbreaks in many of our county headquarters. One of the things that we want to know is with regard to the disaster management teams, whether in Nairobi City County or any other county is: What is the level of preparedness in terms of reaching at the site and what level of access do they have to any site? This is because it hinges directly on the quality of planning. Direct access to the fire site is important for one to prevent fire occurrence.

When I was the Minister for Local Government, we had encouraged the municipal councils to acquire the fire equipment including vehicles. We even made provisions at that time to get these vehicles from France. To what extent are counties equipped with firefighting equipment for them to respond effectively when an emergency that threatens the life of people arises?

Yes, Sen. Olekina.

Thank you, Mr. Speaker, Sir. I would like to ride on that Statement sought by the distinguished Senator. When the Chairperson will be responding to that question, I would like to get a definite explanation as to whether the City of Nairobi has a policy on how to acquire firefighting equipment and also where they are placed. Given that Nairobi is such a large city, I would like to know whether all that equipment is just placed at the City Hall or it is spread out in the suburbs of Nairobi.

It will also be important for us to understand whether the disaster management system which is national and the fire fighting systems which are for counties have in their budget, provisions to buy firefighting equipment and what they do. Are they only for water or do they have any chemicals, in the event that they run out of water?

Thank you.

Yes,

Thank you, Mr. Speaker, Sir. In answer to the distinguished Senator’s question, I would wish that the Chairperson also addresses this House and the nation on:-

Yes, Sen. Mutula Kilonzo Jnr.

Thank you, Mr. Speaker, Sir. While the Chairperson is going to present his response, we have proposed, together with the Vice Chairperson of the Standing Committee on National Security, Defence and Foreign Relations, the Disaster Management Bill which will, of course, address this concern.

However, for the purposes of the question, I am aware that the National Disaster Management Policy that was drafted in 2013 is still stuck somewhere on a shelf. The Chairperson should let us know, in his response, when that policy will be implemented or passed because it will then dictate or give life to the proposed legislation on disaster management.

Thank you.

Yes, Sen. Mwaruma.

Thank you, Mr. Speaker, Sir, for this opportunity. I would also like to ride on Sen. Kwamboka’s question and ask if we have any standard for firefighting or disaster preparedness. Whatever gets measured gets done. So, in my job as a Senator, to protect the counties and county governments, if I go to, for example, Nairobi or Taita Taveta, I can be able to say that they are prepared to fight fire.

In some counties, you will discover that we are not prepared at all to fight fire. You will find in a county, whatever they have for fire-fighting is a small Land Rover vehicle and a water boozer. Is that really a standard for fighting fire?

On what Sen. Wetangula asked, to what extent can we hold the officials who are given that chance to fight disaster culpable individually so that when a disaster occurs, we can identify the individuals who are criminally culpable?

In answering that question, let us be told some standards where if you go to the counties, you can say that this is the standard for fighting fire.

Thank you.

Let us hear from the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations.

Thank you, Mr. Speaker, Sir. For the Senator who is part of the Nairobi County Delegation, Sen. Kwamboka, thank you for bringing this issue to the Floor. This is a matter that is of great concern to the whole country just as much as Nairobi.

I am glad the other Senators have chipped in with the additional questions which I have noted. This is a matter that ideally - given the experience and what is happening especially in Nairobi - we will need, even as we get the responses, to deal with, together with the Standing Committees on Energy and Lands, Environment and Natural Resources.

In what we have seen as a practice in the situations we have been in, there are two major causes of these fires. The first one is the illegal electric power connections in a lot of informal settlements. Already we have been in discussion with the Kenya Power and Lighting Company (KPLC) on how we can properly provide electric power to people in the slums.

For the record of this House, we will now need to mainstream that discussion together with the Standing Committee on Energy. I know there was the Last Mile Project; we will talk as it is. So, we will come together. That is one of the major causes.

Secondly, we will need to liaise with the Standing Committee on Lands, Environment and Natural Resources.

As the Senate Minority Leader has properly posited before this House, a lot of these fires are caused by land grabbers. Let us call them what they really are. By way of causing a fire in a slum, these land grabbers want to evict people so that they can fence the place and go on with their developments. You will find that a lot of the fires are on disputed lands. So, ideally, it is a matter that we will need to get proper responses not just from the Standing Committee on National Security, Defence and Foreign Relations, but in working together with the Standing Committees on Lands, Environment and Natural Resources and Energy.

If I go to the additional questions, I do not know what to call them; the riders, there are many who have ridden on this question.

Mr. Speaker, Sir, on the issue of the Persons living with Disabilities (PWDS) , I would just like to mention that the PWDs in this country have a champion in this House. They must know that they have---

The Senate Minority Leader (Sen. Wetangula): Mr. Speaker, Sir, I like what the distinguished Senator of Nairobi County is doing. But is he responding to the questions so that we can interrogate what he is saying or is he preparing to give us a date when he will bring the answer?

This is because when an answer is brought to any Statement, the House is obligated to interrogate the veracity, content and facts in it. So, if he is giving the answer, then we will be allowed to interrogate what he is saying. What he is doing is good, but it is un-procedural.

Mr. Speaker, Sir, I am first giving the context that will determine how long it will take to give us an answer so that Members can understand when I say it will take three or four weeks. The first area that I have touched on is the reason why we will also need to interact in looking at this matter with other Committees, that is, the Standing Committees on Energy and Lands, Environment and Natural Resources.

So, I am doing the context to that. Allow me to proceed. I am not giving the answer; I am just giving that context to that.

There is a question on where the equipment is being placed by Sen. Olekina. That is important to understand, but he is specific to Nairobi County. That means that we are forwarding a question not just to the Ministry that deals with the disaster response, but also to Nairobi County government. We are also forwarding the question to the Standing Committees on Energy and Lands, Environment and Natural Resources. There is also the issue of the National Disaster Management liaising with the county; are they present in other counties? Another issue is on arson from Sen. Wetangula.

So, Mr. Speaker, Sir, all in all, we need some bit of time to deal with the issue comprehensively. We will give a response based on the questions asked which I am sure will be unsatisfactory if it comes in a short time. This is because Sen. Kwamboka has asked for five years of records.

In Nairobi, in five weeks, we will have a hard time to talk about the number of fires that we have every fortnight. I am sure that we will not get a response on a record of five years in terms of victims, compensation and the number of fires in this county. It might take more than a month to get that response. But I will try to persuade the good Senator to reduce the period under review from five years to since this county government took over; that is from August. We should look at that and get a response in the next three or so weeks. After that, we will sit down with the other Committees involved so that we can bring an end to the issue of fires in the county.

So, Mr. Speaker, Sir, I ask for three weeks and a review of the period in question from five years to about five or six months.

Mr. Speaker, Sir, the period under review should be for the last one year. The three weeks is okay.

Next Order.

Mr. Speaker, Sir, the period under review should be for the last one year. The three weeks is okay.

Next Order.

What is your point of information Sen. Wambua?

Mr. Speaker, Sir, I just want to correct the Senate Deputy Majority Leader that the Senator that we have in the House is the Sen. (Prof.) Malachy Imana Ekal and not Ekai.

Thank you, Senator for that information. Let me correct it once again so that it is corrected on the HANSARD.

Mr. Speaker, Sir, I just want to correct the Senate Deputy Majority Leader that the Senator that we have in the House is the Sen. (Prof.) Malachy Imana Ekal and not Ekai.

Thank you, Senator for that information. Let me correct it once again so that it is corrected on the HANSARD.

Hon. Senators, Sen. Judith Pareno was on the Floor and she completed her time. So any other Senator can contribute to the Bill.

Proceed, Sen. Cheruiyot Aaron.

but there are counties where people have not jelled and do not speak a homogenous language. Many times there are battles within the administration and leadership of county governments, where certain quarters of the population feel that they are left out.

When you set such ground rules from the onset, it becomes easy because one will only need to look at the results of the population census before determining what is a town or urban centre. If you meet the numbers that have been set out in this Bill, you will qualify to be a town or an urban centre. It is, therefore, a good thought not to leave it to the whims of politics or the determination of a county government. This is because there are certain counties that have unique challenges.

It is also important and imperative that, as leaders, we learn from our past experiences of the kind of unique challenges and the mistakes that have been made by counties like Nairobi City County, for example. It is quite unfortunate that many county governments today still do not learn from the difficulties and challenges that are being faced by a city like Nairobi. You will find the same mistakes that were made being replicated by counties when setting up either cities or urban centres. A few years down the line, the very challenges that we thought we were solving by setting up county governments will find root within counties.

Mr. Speaker, Sir, it is important that the drafters of this piece of legislation tighten every nut, as we give our thoughts. They should ensure that at the end of this wonderful piece of legislation, we have a good guiding system. We should know what is incumbent on a county governor of a particular county, so that as they do the urban planning of every town and centre within their county, they follow certain parameters. There should be certain things that a county government cannot run away from.

I have also seen a proposal in this piece of legislation - and this is something that must be lauded - to set minimum educational requirements on people that are being given various offices. I have seen different qualifications, the standard being that they have to be graduates from recognised institutions and have served a certain a number of years in either public or private institutions. This way, we will not end up with a situation like we had in the past where many of the people who were running our municipalities in the name of mayors were councilors.

There was no academic qualification requirement for one to be elected a councillor. As a result even a Class Two drop-out could be elected as a mayor of a municipality and be in charge of a huge population. They may not have gotten a chance to get proper education, but there are certain levels that they should not rise to, for example, urban planning. This is a complex duty. World over, this is a problem that even the most developed democracies struggle with.

I remember that in certain countries, like China, that have made mistakes in the desire to rapidly develop and catch up with the West, they have ended up clogging up their systems and affecting their environment. There is a province in China called Guiyang that they have developed to be their dream city. This is the city that the rest of the provinces are supposed to visit and borrow a leaf from on how to manage the environment, because that is their desire and dream.

It is my sincere hope that upon the passing of this legislation, many of our county governments, and up to and including the national Governments, will be able as well to

set good precedence that we can borrow from each other. If you listened keenly to the many of the contributions that have been made in this House, it is becoming clear that environmental degradation is becoming a matter of great national concern to all the Senators. Hardly does an afternoon pass without somebody rising to ask a question about the need to vary boundaries of a forest or how to protect our riparian lands and so on. When we have a proper city and center managers, as has been proposed in this Bill, these will be things of the past.

Mr. Speaker, Sir, as I draw to a conclusion, Section 9 (13) of the 2011 Act that is being amended by this Bill states that:

“A town is eligible for conferment of municipal status under this Act if the town satisfies the following criteria.” This follows a very good debate that we have had within our country. We know that we have three cities; Mombasa, Kisumu and Nairobi. Many times certain people do not agree with the criteria of upgrading a municipality to a city. From now henceforth, that will be a thing of the past.

At the county level, as the governor budgets and sets up departmental budgets, say the Department of Housing and Urban Upgrading, there is a set criteria. For example, if a certain center meets certain requirements, including a working water system and good sewage system that is functional, then it can be upgraded from a center to a town. That will motivate many people to develop their center to meet these requirements. There should be a motivation. For example, if you qualify to move from a centre to a town, it should improve your allocation from the county government of urban planning and management kitty.

That will encourage many county governments to take into consideration this matter of great national importance.

Mr. Speaker, Sir, it is not proper to set the criteria of how county towns can qualify to be upgraded to municipalities and the very office that is supposed to do oversight in counties - either the office of the Member of County Assembly (MCA) or that of the Senator - is not represented in those boards. It would be ideal if either the MCAs or representation from the office of the Senator sits in some of the boards.

If this is not done, we will end up with a team of people who are nominated by the county governor determining who gets to be upgraded or downgraded. I urge the drafters of this Bill to involve other leaders who understand the operations and the work of county governments in these boards. This will give the boards a better meaning and understanding of the work they are supposed to do.

With those few remarks, I support.

set good precedence that we can borrow from each other. If you listened keenly to the many of the contributions that have been made in this House, it is becoming clear that environmental degradation is becoming a matter of great national concern to all the Senators. Hardly does an afternoon pass without somebody rising to ask a question about the need to vary boundaries of a forest or how to protect our riparian lands and so on. When we have a proper city and center managers, as has been proposed in this Bill, these will be things of the past.

Mr. Speaker, Sir, as I draw to a conclusion, Section 9 (13) of the 2011 Act that is being amended by this Bill states that:

“A town is eligible for conferment of municipal status under this Act if the town satisfies the following criteria.” This follows a very good debate that we have had within our country. We know that we have three cities; Mombasa, Kisumu and Nairobi. Many times certain people do not agree with the criteria of upgrading a municipality to a city. From now henceforth, that will be a thing of the past.

At the county level, as the governor budgets and sets up departmental budgets, say the Department of Housing and Urban Upgrading, there is a set criteria. For example, if a certain center meets certain requirements, including a working water system and good sewage system that is functional, then it can be upgraded from a center to a town. That will motivate many people to develop their center to meet these requirements. There should be a motivation. For example, if you qualify to move from a centre to a town, it should improve your allocation from the county government of urban planning and management kitty.

That will encourage many county governments to take into consideration this matter of great national importance.

Mr. Speaker, Sir, it is not proper to set the criteria of how county towns can qualify to be upgraded to municipalities and the very office that is supposed to do oversight in counties - either the office of the Member of County Assembly (MCA) or that of the Senator - is not represented in those boards. It would be ideal if either the MCAs or representation from the office of the Senator sits in some of the boards.

If this is not done, we will end up with a team of people who are nominated by the county governor determining who gets to be upgraded or downgraded. I urge the drafters of this Bill to involve other leaders who understand the operations and the work of county governments in these boards. This will give the boards a better meaning and understanding of the work they are supposed to do.

With those few remarks, I support.

to be a town and becomes a municipality. This will affect the ownership of land in Narok County. For example, if I own a freehold land, the moment this town turns into a municipality, that land will become a leasehold land. That will bring in a lot of problems to our people.

In my view, what this Bill ought to have looked into is maintaining small cities in this country. We are still grappling with issues of devolution. Many people are spending a lot of time arguing whether we should have 47 counties or not. Here we are saying a town with a population of 250,000 be converted into a municipality. The moment it has 500,000 people then it becomes a city. How many cities are we going to have in Nairobi County?

The problems we are now experiencing in this city are enormous. When you go to Kileleshwa, for instance, there are a number of highrise apartments coming up. We are not talking about provision of services to them. Karen, for example, was zoned for one residence per hectare. There will be a lot of pressure such that those zoning laws will be disregarded. People will be putting up apartments on one hectare.

The drafters of this Bill ought to have looked at the provision of services and how devolution would work effectively. Earlier on, a statement was sought here by the distinguished Senator with regard to firefighting machines. There are a lot of problems we are facing with them. Why do we not address ourselves to basic needs?

In this Bill, there are so many good things. They look very good here on paper. That so long as a town has 500,000 people, it can become a city. I am sure Kisii Town has more than 500, 000 people. So, it will become the City of Kisii. I am sure the distinguished Senator from Kisii County will be very happy to have a city. What about essential services?

I am concerned about land ownership. I want to encourage more services to go to the rural areas rather than trying to push and have more cities in this country. I would rather even encourage the reverse.

Instead of rural-urban migration, there should be migration from urban to rural areas because devolution is supposed to really help us.

I do not want to deliberate on these issues, I oppose it based on the issue of the ownership of land. Talking about converting Narok Town into a municipality, I am very concerned just like other residents there. I own land next to the town. Now I will be told that my freehold land will be converted into a leasehold land. Those are the things that I am worried about. Until the time we can adequately manage the provision of basic services like water in a city like Nairobi, there is no point for me to stand here and talk about creating more cities in this country.

Around the world, cities have millions of people. In fact, I know a city that has about 20 million people. There are millions of people in some cities in Japan and Brazil. This Bill is completely ill-advised. We need to consider getting certain things right first. I would have been happy to support this Bill if we were talking about creating suburbs. If we say that Karen is a suburb of Nairobi City, I would support it. When we talk about a population of 10,000 people, that should be a suburb or a town. My only worry is that when you talk about a city having 500,000 people, Narok Town will never become a city because we are sparsely distributed.

Mr. Speaker, Sir, with those few remarks, I oppose this Bill.

The Senate Minority Leader (Sen. Wetangula): Thank you, Mr. Speaker, Sir. This is a very strange Bill. I do not know why it is here. I do not know who brought it. It is a total misplacement of priorities. What is a city? What is a municipality? What is a town? The Oxford English dictionary describes a city as a large town –a big human settlement. Period! A municipality is a component of one that I have described. A town is a human settlement with a big cluster.

There is no evidence brought here in the Bill or elsewhere, that the cities, towns and municipalities we are talking about, which are based in counties; that there is any contribution from the Council of Governors (CoG) or country representation to define what they want. Whether you are talking of Nairobi or not, it is not in the hands of the national Government. Mombasa and Meru are not in the hands of the national Government. They are all in the hands of county governments that should be the engineers for such a Bill.

A Bill like this would be more helpful to this country if it is focused on planning, bringing sanity and order, and provision of services that either can be provided by the private sector or mandatorily provided for by the management of the cities. The Bill is just giving us a litany of issues that they say will qualify a town to be a city. They do not make sense. A population of 500,000 people do not really matter.

If you go to the United Kingdom, Cambridge is a city. It is just a university town. At any one time, the population of Cambridge City never goes beyond 50,000 people. It is just students, their teachers and service providers, yet it is a city. If you look at Norwich; it is a city. It does not have even a population of 500,000 people. It is what you want to be called and want to be. As far as I am concerned, Ongata Rongai and Ruiru are cities on the outskirts of Nairobi City. You do not need any legal definition to call it a city. It is what it has grown to be.

What we should be doing is to define and obligate the national Government, in collaboration with the country governments; more particularly, given the fact that the bulk of state resources are at the national Government, to support each other in planning and provision of services.

Today, if you go in all our counties, the mushrooming urban centres are just growing as slums because there is no planning or industrial area. The planners of this city were great men and women. Today, you go to Industrial Area; an asbestos factory has a residential estate next to it. You go to a factory emitting dangerous fumes and smoke; they have licensed the construction of apartments.

Mr. Speaker, Sir, as we were growing up, it was very clear. There was Industrial Area in Nairobi and residential areas. Each residential area had a shopping component and so on so forth. This is what planning is all about. Now you go to some places in Nairobi—there is a place we used to go with some friends called Shauri Moyo that has 23 shops. Sixteen are bars while the remaining are butcheries to service the bars. The place has therefore become a den of iniquity. Nothing else goes on there. Why would anybody license 23 bars in a square kilometre for heaven’s sake? This is what we should be addressing.

The ridiculous thing about the Bill is that it says that for you to be called a city or municipality, you must have “water and sanitation.” That is available even in our private

homes. It does not create a city. You then go on and find things like a “national school, a polytechnic, a stadium, and an airport.” How can you say that an airport is a criterion for having a city? If you go to Germany, Bonn which is the former capital city of the Federal Republic of Germany has no airport! Why? This is because Frankfurt is next door. For you to go to Bonn you land in Frankfurt and you go to Bonn. If you go to the former Czechoslovakia and want to go to Blaslaviain Slovakia, they have no airport. They use Vienna because it is next door. For example, there is a new airport in Nanyuki, does Meru need another airport? They can use Nanyuki.

Why would we obligate cities to now go through mega projects to be conferred the status of a city?

It says that we either have an airport/airstrip, theatre, a library service and an administration seat. All these are driven by the private sector. You cannot force anybody to come and put a financial hub in Bungoma or any part of the country if the market does not demand and support it. Yet, you can be a city because of your unique circumstances.

Mr. Speaker, Sir, we have other qualifications such as; “vocational institutions and a primary or high school.” Surely, how can a primary or high school help you to be called a city? These institutions are everywhere and the Government is no longer building serious schools in urban centres. They have left it to the private sector and it is profit and demand driven.

Whoever has brought this Bill, I want to advise my colleagues across the floor. I saw the distinguished Senator for Nakuru looking very frightened and agitated when the last Bill met the fate it did. However, it is because of lack of consultations and proper coordination. These Bills are good for the country and for everybody. It does no harm at all for the side across the Floor to ask you as the Leader of this House to call a Kamukunji and we look through these Bills and see that one, our primary duty under Article 96 of the Constitution is to defend and protect counties and their governments.

How do these Bills impact on counties and their governments? We sit together, talk and agree if that enhances or claws back devolution. Then we are able to move as a Senate team. I would hate to see this Senate divided on everything because we are a House of reason, reference, appeal; where reason overrides emotion.

We want to see that the Government side does not embrace the arrogant attitude of saying that they will bring and railroad it through. Sometimes you may not manage to do it while at other times you may railroad and go and meet resistance in your own counties because people will ask questions on how you passed such a law.

I want to urge this House and the Government side that instead of us haggling over a Bill that does not look like one anyway, to withdraw it and take it back to the drawing board. Give it the Committee and let us go through it thoroughly and bring a reasoned report telling us what it wants to achieve. If it is the county governments that are to appoint the managers of Kajiado, Kitengela, Ngong or Kiambu town, why would the criteria be set by the national Government without consulting those who will do it?

Mr. Speaker, Sir, these are the big questions. As Senators representing the interests of counties and their governments, we have a duty not just to our narrow partisan interests but to the broader common good of what we came here to do: to strengthen devolution, make it work, benefit the people of Kenya and make it possible for

us in the laws we pass to arrest rural urban migration particularly the stream of people coming into Nairobi, Mombasa with the hope that there is better life.

However, when you come to Nairobi, in fact there are more poor people than in any county in this country. This is because we have piled up people in slums with no facilities or services; and now we want to create board to put Principal Secretaries, Deputy Principal Secretaries and other people who just go there every day, sit, yawn and go home with allowances when the poor are growing poorer and poorer.

Mr. Speaker, Sir, this is not a good Bill and I want to urge the Government side to rethink the philosophy in it and to see whether it is helping this country or just creating eating chiefs in terms of board and organisations where they start putting their wives, girlfriends, brothers, cousins and yet people are still languishing in poverty.

I oppose.

homes. It does not create a city. You then go on and find things like a “national school, a polytechnic, a stadium, and an airport.” How can you say that an airport is a criterion for having a city? If you go to Germany, Bonn which is the former capital city of the Federal Republic of Germany has no airport! Why? This is because Frankfurt is next door. For you to go to Bonn you land in Frankfurt and you go to Bonn. If you go to the former Czechoslovakia and want to go to Blaslaviain Slovakia, they have no airport. They use Vienna because it is next door. For example, there is a new airport in Nanyuki, does Meru need another airport? They can use Nanyuki.

Why would we obligate cities to now go through mega projects to be conferred the status of a city?

It says that we either have an airport/airstrip, theatre, a library service and an administration seat. All these are driven by the private sector. You cannot force anybody to come and put a financial hub in Bungoma or any part of the country if the market does not demand and support it. Yet, you can be a city because of your unique circumstances.

Mr. Speaker, Sir, we have other qualifications such as; “vocational institutions and a primary or high school.” Surely, how can a primary or high school help you to be called a city? These institutions are everywhere and the Government is no longer building serious schools in urban centres. They have left it to the private sector and it is profit and demand driven.

Whoever has brought this Bill, I want to advise my colleagues across the floor. I saw the distinguished Senator for Nakuru looking very frightened and agitated when the last Bill met the fate it did. However, it is because of lack of consultations and proper coordination. These Bills are good for the country and for everybody. It does no harm at all for the side across the Floor to ask you as the Leader of this House to call a Kamukunji and we look through these Bills and see that one, our primary duty under Article 96 of the Constitution is to defend and protect counties and their governments.

How do these Bills impact on counties and their governments? We sit together, talk and agree if that enhances or claws back devolution. Then we are able to move as a Senate team. I would hate to see this Senate divided on everything because we are a House of reason, reference, appeal; where reason overrides emotion.

We want to see that the Government side does not embrace the arrogant attitude of saying that they will bring and railroad it through. Sometimes you may not manage to do it while at other times you may railroad and go and meet resistance in your own counties because people will ask questions on how you passed such a law.

I want to urge this House and the Government side that instead of us haggling over a Bill that does not look like one anyway, to withdraw it and take it back to the drawing board. Give it the Committee and let us go through it thoroughly and bring a reasoned report telling us what it wants to achieve. If it is the county governments that are to appoint the managers of Kajiado, Kitengela, Ngong or Kiambu town, why would the criteria be set by the national Government without consulting those who will do it?

Mr. Speaker, Sir, these are the big questions. As Senators representing the interests of counties and their governments, we have a duty not just to our narrow partisan interests but to the broader common good of what we came here to do: to strengthen devolution, make it work, benefit the people of Kenya and make it possible for

us in the laws we pass to arrest rural urban migration particularly the stream of people coming into Nairobi, Mombasa with the hope that there is better life.

However, when you come to Nairobi, in fact there are more poor people than in any county in this country. This is because we have piled up people in slums with no facilities or services; and now we want to create board to put Principal Secretaries, Deputy Principal Secretaries and other people who just go there every day, sit, yawn and go home with allowances when the poor are growing poorer and poorer.

Mr. Speaker, Sir, this is not a good Bill and I want to urge the Government side to rethink the philosophy in it and to see whether it is helping this country or just creating eating chiefs in terms of board and organisations where they start putting their wives, girlfriends, brothers, cousins and yet people are still languishing in poverty.

I oppose.

Thank you Mr. Speaker, Sir, for the opportunity to speak on The Urban Areas and Cities (Amendment) Bill (Senate Bills No. 4 of 2017) that has been brought to this House.

From the onset, I concur with a lot of the sentiments by Members from both sides. It is difficult to understand the real rationale behind this legislation, given the fact that the Urban Areas and Cities Act as it exists today is not being implemented. The priority at this point and, of course, we will support the Bill because I do not believe in throwing out the baby with the bath water as it has been done on the Irrigation Bill, which now even if we agree cannot come back until six months are done.

We will need to be convinced as to why we need to make these amendments yet for the past few years that we have had the Urban Areas and Cities Act in operation, a lot of the provisions therein have not been implemented.

Mr. Speaker, Sir, if you look at the Urban Areas and Cities Act as it exists, we have provisions within the Act that provide for the better management of Nairobi, Kisumu, Eldoret or Nakuru? Which is the third city? Mombasa City is also a city county. Devolution is based on a principal called subsidiarity where a service is best offered in the lowest area that is compatible with the benefit area of that service.

With that in mind, by now we would have expected a City like Nairobi to have city managers or a division of boroughs from which members or residents can access services. You would have Nairobi south, north, east and west with the same number of services as provided for in the Urban Areas and Cities Act. This is now the sixth year of devolution and we have not seen any implementation.

This is a Bill that was passed before the first governors came on board. We would have expected at this point that if you are in the rural parts of Kisumu you will access the same level of services as somebody at the centre of the city because the subsidiarity principle would have been followed and the services would have been offered where they are required.

Sen. Sakaja.

Thank you Mr. Speaker, Sir, for the opportunity to speak on The Urban Areas and Cities (Amendment) Bill (Senate Bills No. 4 of 2017) that has been brought to this House.

From the onset, I concur with a lot of the sentiments by Members from both sides. It is difficult to understand the real rationale behind this legislation, given the fact that the Urban Areas and Cities Act as it exists today is not being implemented. The priority at this point and, of course, we will support the Bill because I do not believe in throwing out the baby with the bath water as it has been done on the Irrigation Bill, which now even if we agree cannot come back until six months are done.

We will need to be convinced as to why we need to make these amendments yet for the past few years that we have had the Urban Areas and Cities Act in operation, a lot of the provisions therein have not been implemented.

Mr. Speaker, Sir, if you look at the Urban Areas and Cities Act as it exists, we have provisions within the Act that provide for the better management of Nairobi, Kisumu, Eldoret or Nakuru? Which is the third city? Mombasa City is also a city county. Devolution is based on a principal called subsidiarity where a service is best offered in the lowest area that is compatible with the benefit area of that service.

With that in mind, by now we would have expected a City like Nairobi to have city managers or a division of boroughs from which members or residents can access services. You would have Nairobi south, north, east and west with the same number of services as provided for in the Urban Areas and Cities Act. This is now the sixth year of devolution and we have not seen any implementation.

This is a Bill that was passed before the first governors came on board. We would have expected at this point that if you are in the rural parts of Kisumu you will access the same level of services as somebody at the centre of the city because the subsidiarity principle would have been followed and the services would have been offered where they are required.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Bill. If amended to factor in all the proposals that a number of my colleagues have talked about, it will be a very good Bill. You realize that we have already devolved over 47 centres that are going to be urban centres and the Governors have to be guided on how to implement this. Light should be shed on the policy in terms of managing, organizing and even planning for those particular cities. In any case, I love it because of the fact that the Bill is giving a guide on the type of people who will manage those centres. In my view, there is no better Bill that is going to guide the counties like this Bill.

Mr. Deputy Speaker, Sir, we have been complaining about congestion and non- collection of garbage in Nairobi City. The facilities in Nairobi are already overstretched. There is rural-urban migration of people in search of jobs who, upon arriving in the city, find no places to stay. That is the reason why we have very big slums surrounding Nairobi. In addition, we have a lot of congestion not only in housing, but also in traffic, which causes pollution. A lot of basic facilities are being overstretched. For instance, we stay in houses where there is water shortage, sometimes there are power blackouts and so many basic and necessary services like medical facilities are also overstretched.

Mr. Deputy Speaker, Sir, our country has been independent for over 50 years and we have areas that have been marginalized because they have never been considered in terms of proper infrastructure. For example, they do not have electricity. If this Bill is passed, it will give guidance to those areas to receive the necessary infrastructure, proper schools, recreational centres and medical facilities. This way, we will be assisting to decongest the big cities and people will be looking for jobs around those centres. This Bill is worth supporting.

Thank you, Mr. Deputy Speaker, Sir.

Thank you. Proceed, Sen. Moses Kajwang’.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. First of all, I want to congratulate you because this is the first time I have caught your eye since your elevation to the very lofty position of Deputy Speaker of this august House. Allow me to congratulate you and to wish you all the best in your current endeavours, in your future endeavours of building schools, supporting education and in your future ---

Thank you, Mr. Deputy Speaker, Sir.

Thank you. Proceed, Sen. Moses Kajwang’.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. First of all, I want to congratulate you because this is the first time I have caught your eye since your elevation to the very lofty position of Deputy Speaker of this august House. Allow me to congratulate you and to wish you all the best in your current endeavours, in your future endeavours of building schools, supporting education and in your future ---

Order! Order, Senator! Proceed with the Motion.

and town managers. The Mover of this Bill must tell us what is in it for the people who sit out there in the counties rather than jobs for boys and girls who perhaps supported us in the last elections.

This Bill touches on the question of Nairobi. I am glad that Clause 6 of this amendment Bill attempts to address the issue of Nairobi. It affords or accords Nairobi an interesting status; Nairobi is called a county city.

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“The review of the Act was necessary since the criteria provided in the Act are not achievable by the county governments under prevailing circumstances unless the law is amended.” I have a problem with this. We came up with an Act of Parliament in response to a constitutional requirement. However, four years down the line we are saying that, that Act is not achievable unless the law is amended. Why are we lowering standards instead of raising them? Is four years sufficient time for us to say that the Urban Areas and Cities Act is not achievable? On what basis are we making this recommendation?

Has the Senate come up with a Motion, report or study that has looked at the implication of this Act, for us now to spend valuable man hours trying to amend the Act? I have a problem with the rationale and justification that has been put in the Memorandum of Objects and Reasons for this particular Bill.

Mr. Deputy Speaker, Sir, the effect of this Bill, as has been reported even in the media---

In fact, when you discuss this Bill there could be citizens sitting in Eldoret Town or Nakuru Town who expect that this amendment will lead to conferment of city status on those two great towns. You know Eldoret Town very well and when I talked about your passion for education, I meant that we were together at a university somewhere in Eldoret. Given the kind of facilities and investments that have gone into Eldoret Town, probably it deserves to be a city. Nakuru Town was once the cleanest town in East Africa. It probably deserves to be a city.

When you change the population requirements for determination of a city from 500,000 to 250,000, you might find that there are certain areas like Kakuma that might claim to be cities by that definition. Thankfully, the Bill attempts to introduce other criteria for consideration. Further, when you change the threshold for municipalities from 250,000 to 50,000, then we should expect to end up with a lot of municipal councils in this country.

One of the problems that I have encountered in my home county of Homa Bay is that Homa Bay County was cobbled up from about seven or eight municipalities and town councils. As a result, you will find eight people doing the same job because they used to do different jobs in eight different municipalities. But when it was merged you find eight people doing the same job. Therefore, you have got redundancy to the power of eight. If we go ahead and implement this lower threshold we will end up with a lot of municipalities. I pray that, that will not increase the redundancies that currently exist at the county level.

The biggest question that this Senate should ask on behalf of the people that we represent is: How will this Bill and change of the threshold and proposals that have been put in here benefit the common person out there? My colleague, Sen. Olekina, has already educated us on what the implication will be on issues of land; from freehold to leasehold. The people out there must be educated, so that the benefits of this amendment will not only go to the people who will sit on the boards.

In this country we are very good at coming up with legislations that create positions for “the boys” to be appointed. In fact, it is usually the best way for politicians to solve problems. Instead of bringing tangible development we want to create bodies and boards. We are now talking of city boards, municipal boards, city managers, municipal managers

and town managers. The Mover of this Bill must tell us what is in it for the people who sit out there in the counties rather than jobs for boys and girls who perhaps supported us in the last elections.

This Bill touches on the question of Nairobi. I am glad that Clause 6 of this amendment Bill attempts to address the issue of Nairobi. It affords or accords Nairobi an interesting status; Nairobi is called a county city.

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It is a city county.

plants or they are irrigated using sewage. Things are happening that you do not want to imagine would be happening to people.

Even though the effect of this Bill would be to elevate Eldoret and Nakuru into city status alongside other numerous municipalities, let us support the respective counties to ensure that Clause 5 which is proposed to be amended is achieved. These cities should have good waste disposal systems, capacity to generate revenue to run their operations and have capacity to deliver the services that are laid in the First Schedule of the mother Act.

I will not declare whether I support or not support this Bill. As I had said, it is strange, it is---

Thank you, Mr. Deputy Speaker, Sir. When it is hot, we eat a lot of watermelon. I will support this Bill subject to amendments that will come to the Committee stage and at the Third Reading.

I support.

Very well. There being no other interest, I now call upon the Mover to reply.

Thank you, Mr. Deputy Speaker, Sir. Before I respond, I must say one or two words on what happened to the Irrigation Bill this afternoon.

We cannot be crying as a Senate and requesting for Bills to be introduced first in this House before they go to the National Assembly. I believe this is an initiative by one side of the Government. You cannot say that let us be nonpartisan as the House of the Senate when you have one card on the table and the other one under the table. I regret what happened this afternoon.

Order, Senator! Are you on a point of order or are you replying on this Order? We have two things. If you want to reply, you should address yourself to the Bill. In the context of that reply, you can now see how you can comment on other things. This is because your debate around a Bill can be generalized, but you cannot start by addressing us to an Order which is already closed. Reply to the debate on this Motion.

In the context, if you want to comment about other things, of course within the constraints of the Rules of Relevance, you can still do what you are doing. However, you should first address yourself to the reply on this Motion.

Thank you, Mr. Deputy Speaker, Sir. I wish to respond. I thank all the Members who have contributed to and against this Bill. That is within their mandate. From my personal view, I believe that this is a useful document. As some of the Senators have said, this is just an improvement of an already existing Bill.

I know very well that cities and municipalities were earlier created through political interest or influence. However, if we now have a criteria established, I believe that it is the right way. I believe that this Bill will be useful in that area. This is because it clearly shows the delineation of the urban cities and areas. I believe that is a criterion that is useful. It also sets out the standards for eligibility of an area to acquire conferment of

Very well. There being no other interest, I now call upon the Mover to reply.

cities and town status.

Again, a standard for eligibility of an area to acquire conferment of municipal status is also quite useful.

Mr. Deputy Speaker, Sir, all is not lost because we can clearly amend what has been contested in this particular Bill at the Committee stage. So, I believe clearly pointing out what happened this afternoon that the Bill that was actually voted against or thrown out through the window hurts the Senate. I believe this particular one should not undergo that particular course because---

What is it, Sen. Olekina?

On a point of order, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No. 90 (2) which states as follows: “It shall be out of order to introduce an argument or any specific question upon which the Senate has taken a decision during the same Session, except upon a Motion to rescind that decision made with the permission of the Speaker.” Is it in order for the hon. Senator to discuss a matter that has already been disposed of?

Thank you, Mr. Deputy Speaker, Sir. I believe I am just responding to this particular Bill in reference to what happened this afternoon. So, Sen. Olekina, kindly bear with me because what happened this afternoon is really hurting, not to the Government but to the Senate.

It is not really right for some Members to say that this is trash because it is not a useful Bill. I believe there is a way, at the Committee level, that we can amend or, maybe, improve on the Bill as it is. However, all is not lost. So, I support this particular Bill and I wish Members should take that particular direction to make sure that we, as the Senate, can generate Bills from our level and push it to conclusion, instead of us just allowing Bills to come through the National Assembly to our end.

For our side, we will introduce as many Bills as possible. We need to get serious as a House to see that the Bills introduced in the House go through for the benefit of everybody. This is because we have a committee level where we can bring on board also the members of the public to strengthen these particular Bills. We cannot just say that we have lost it; we have all opportunities to make sure that we strengthen this particular initiative.

So, I request our brothers and sisters on the other side that it is not really good to hurt this particular Senate. It is not for anybody’s interest. Let us contribute to the business of this particular House and make sure that the Senate stands together whenever issues happen.

Thank you, Mr. Deputy Speaker, Sir.

Please, move the Motion. Order, Sen. Dullo! Move the Motion.

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

Order, Senator! I have already guided Sen. Dullo on the constraints of how much she can talk about what happened this afternoon. So, we should just allow her to conclude. If I sense in any way that she is going out of the constraints, I will be the first one to stop her.

Thank you. Sen. Olekina, Sen. Dullo was making was a general point on Bills for the good of the House. I remember, in the last Parliament – you were not with us here – but for those of us who were here, I was the Senate Majority Leader and we really struggled to convince the Executive that Bills should come to us. So, the point she is generally sending without, of course, trying to impinge on the legislative powers and discretion of the House, is that if there are things in the Bill that can be tackled through our Committee and without losing a Bill, that could be a better way than to just throw away Bills and then we go back to where we have come from. We really suffered.

However, we have made tremendous progress and I think that now almost all Bills that should be coming here are coming as a matter of right without having to struggle. So, it was just a general comment but you are also right that if the Senate has made a decision, it must be respected. Debate cannot be opened unless through a Motion which is specifically approved by the Speaker.

Please, move the Motion. Order, Sen. Dullo! Move the Motion.

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

Mr. Deputy Speaker, Sir, I just want your guidance because the Senate Deputy Majority Leader has gone on record when she was moving the Motion and the record will indicate that, perhaps, there was a decision that was made in a very partisan manner that a section of the House could have acted in a manner that was not proper for the good of this House.

I would like to go on record that as a Senator elected through the Orange Democratic Movement (ODM) Party and being part of the National Super Alliance (NASA) , when I come to this House, my first and primary responsibility is to devolution and to the people who elected me. When the records are being examined, it should come out from the sentiments and the comments of the leadership of this House that this House attempts to put devolution first rather than political parties.

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

What is it, Sen. Kajwang’? I hope it is not about building schools.

You cannot bring a point of order when the Senator has already concluded.

Thank you, Mr. Deputy Speaker, Sir. I am guided and thankfully on record.

Sen. Dullo, do you want to contribute on the same subject matter?

Mr. Deputy Speaker, Sir, it is on another subject matter.

On another subject matter? Very well, proceed.

Thank you, Mr. Deputy Speaker, Sir. Pursuant to Standing Order No. 55 (3) , I request you to defer putting of the question to another date.

Right. I direct that the putting of the question be deferred to Wednesday, 28th February, 2018.

Next order!

Mr. Deputy Speaker, Sir, it is on another subject matter.

Thank you, Mr. Deputy Speaker, Sir. I wish to move this Bill. I would like to start with the background.

Order, Sen. Dullo. This is your second term in this House. Please, resume your seat for a minute. We need to up our game a bit. Perhaps, the first timers are still learning. You have not moved the Bill. You cannot start to talk about it if you have not moved it. In other words, you are supposed to say that this particular Bill be read a Second Time and proceed. This is a House of record.

Sen. Dullo. I am Sorry, Mr. Deputy Speaker, Sir. I must have had a long day today. I beg to move:-

THAT, the Warehouse Receipts System Bill (Senate Bills No.10 of 2017) be now read a Second Time.

Right. I direct that the putting of the question be deferred to Wednesday, 28th February, 2018.

Next order!

Thank you, Mr. Deputy Speaker, Sir. I wish to move this Bill. I would like to start with the background.

followed and accepted in a particular manner and somebody can claim accountability in future.

This part also provides for the establishment of warehouse registry to be managed by the Council. We must have a specific registry in place to help the warehouse run properly. Again, this part provides for the establishment of warehouse registry to be managed by the Council. It also designates the CEO of the Council as the registrar, whose role is to register any transaction with respect to warehouse receipt issued under the Act. All these provisions assist in keeping the records so that people can claim what is rightfully owed to them in case of any problem.

Mr. Speaker, Sir, Part V outlines the manner in which a warehouse operator should undertake functions with respect to the warehouse receipt system. This provision is also important for us to put in place certain structures to enable accountability. In particular, it requires an operator to deliver goods to the depositor of goods upon presentation of a receipt and prohibits the wrongful release of goods to a person who is not a holder of receipts. This also provides for accountability because there will be a record to show that someone deposited goods and he or she is the rightful owner to claim them.

There is also a provision in this part which provides attachment in case of garnishee, so that goods are taken care of.

Mr. Deputy Speaker, Sir, Part V also addresses the commercial or transaction concerns of negotiation and transfers of receipts as a negotiable instrument.

If we do not have this kind of a system in place, then you cannot negotiate. This part also allows for the transfer of ownership of agricultural commodities in the warehouse without having to deliver the physical agricultural commodity.

So, clearly, this is some kind of collateral instrument that we are providing for. Again, the receipt can be used as a negotiable instrument for one to get a loan. So, I believe that this will empower our farmers who have been facing many challenges without warehouses, especially the small scale farmers in our country.

Mr. Deputy Speaker, Sir, Part IV contains the penal and miscellaneous provisions of the Bill. This part sets out offences with respect to warehouse receipts, including the issuance of fraudulent receipts, receipts with fraudulent information or unlawfully issuing duplicate receipts. If we do not provide for this, it means we have not taken care of the interests of farmers. This part also imposes a fine not exceeding Kshs1 million or imprisonment for a term of five years or both.

There is also a provision for a general penalty of Kshs100,000 or imprisonment for a term not exceeding six months for other offences under this Act. Clearly, these are provisions found in various legislations in this country. Part VIII of the Bill provides for the making of regulations by the Cabinet Secretary (CS).This will enable operationalisation of the Bill in consultation with the Council. So, this is clearly a very straight forward piece of legislation. At the end of the day, if it is passed, we will have a legal framework where we can have a fallback plan to enable implementation of this particular legislation.

I believe that with this legal framework, we can assist our farmers to have better production and better grains which they can rely on in future to improve their personal

and group development. They will thus be in a position to assist each other and develop the country.

I beg to move. Mr. Deputy Speaker, Sir, I call upon Sen. Were to second this Bill.

You should finish by saying: “I second.”

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Bill unequivocally. This is because I was in the Committee on Agriculture, Fisheries and Livestock in the last Parliament and we did a lot of work coming up with a Warehouse Receipts Bill. I recall that the Bill went through the National Assembly, it came to the Senate and when we were about to finalise its processing, we came to the end of the life of the House. So, I do understand that this is a Bill in which a lot of work had already been put, in the last Parliament. It is to the interest of not just the Senate, but the farmers of this Nation if we fast-tracked the implementation of the warehouse receipting system.

Mr. Deputy Speaker, Sir, about three weeks ago, I attended a stakeholders forum with Sen. Waqo; that is Waqo with a “q”. This forum was to talk about the establishment of a commodities exchange in Kenya. The stakeholders included players in the agricultural industry, the finance sector, and the international and local traders. They said that we cannot have a commodities exchange in Kenya if we do not have a clean legislative framework for warehouse receipts. There was a facilitator who had come in from India who shared with us experiences from India. They shared that they established a commodities exchange which went a long way in helping to stabilize prices. A commodities exchange helps in price discovery and fixing prices for various products.

Mr. Deputy Speaker, Sir, if you move around some of the counties where potatoes are produced, and I do recall the former Sen. for Nyandarua County, Sen. (Eng.) Muriuki, came up with a very nice Bill – the Potato Produce and Marketing Bill. I also recall that some dark forces somewhere decided that the Senate was so idle that it was only discussing potatoes, forgetting that the potatoes we were discussing were directly relevant to the needs of hundreds and thousands of farmers.

However, the potatoes in Nyandarua County would fetch a different price from the potatoes in Nakuru County. We realised that in Nakuru County, especially going towards the Kuresoi side– I do not know whether that is the upper or the lower side – produces a lot of potatoes but there is a price difference. The potatoes from Nakuru County have something they call “chomelea”, which is an extra carriage that sometimes even has more than the actual gunny bag. Different prices, same product, same market. A commodities exchange helps in stabilizing prices for similar products in the same environment.

Thank you, Mr. Deputy Speaker, Sir. I rise to second the Warehouse Receipts System Bill that will help to streamline and structure the warehouse industry for agricultural commodities.

Thank you.

Mr. Deputy Speaker, Sir, for us to achieve that noble objective of price discovery and price setting for our farmers, we need to have a warehouse receipting system in place. My understanding of warehouse receipting system is that it takes care of the interest of farmers. We have seen in the past that when farmers make a bumper harvest – and I will give the example of maize farmers in places like Narok or Homa Bay counties

I second.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Bill unequivocally. This is because I was in the Committee on Agriculture, Fisheries and Livestock in the last Parliament and we did a lot of work coming up with a Warehouse Receipts Bill. I recall that the Bill went through the National Assembly, it came to the Senate and when we were about to finalise its processing, we came to the end of the life of the House. So, I do understand that this is a Bill in which a lot of work had already been put, in the last Parliament. It is to the interest of not just the Senate, but the farmers of this Nation if we fast-tracked the implementation of the warehouse receipting system.

Mr. Deputy Speaker, Sir, about three weeks ago, I attended a stakeholders forum with Sen. Waqo; that is Waqo with a “q”. This forum was to talk about the establishment of a commodities exchange in Kenya. The stakeholders included players in the agricultural industry, the finance sector, and the international and local traders. They said that we cannot have a commodities exchange in Kenya if we do not have a clean legislative framework for warehouse receipts. There was a facilitator who had come in from India who shared with us experiences from India. They shared that they established a commodities exchange which went a long way in helping to stabilize prices. A commodities exchange helps in price discovery and fixing prices for various products.

Mr. Deputy Speaker, Sir, if you move around some of the counties where potatoes are produced, and I do recall the former Sen. for Nyandarua County, Sen. (Eng.) Muriuki, came up with a very nice Bill – the Potato Produce and Marketing Bill. I also recall that some dark forces somewhere decided that the Senate was so idle that it was only discussing potatoes, forgetting that the potatoes we were discussing were directly relevant to the needs of hundreds and thousands of farmers.

However, the potatoes in Nyandarua County would fetch a different price from the potatoes in Nakuru County. We realised that in Nakuru County, especially going towards the Kuresoi side– I do not know whether that is the upper or the lower side – produces a lot of potatoes but there is a price difference. The potatoes from Nakuru County have something they call “chomelea”, which is an extra carriage that sometimes even has more than the actual gunny bag. Different prices, same product, same market. A commodities exchange helps in stabilizing prices for similar products in the same environment.

Mr. Deputy Speaker, Sir, for us to achieve that noble objective of price discovery and price setting for our farmers, we need to have a warehouse receipting system in place. My understanding of warehouse receipting system is that it takes care of the interest of farmers. We have seen in the past that when farmers make a bumper harvest – and I will give the example of maize farmers in places like Narok or Homa Bay counties

Thank you, Mr. Deputy Speaker, Sir, for the opportunity to also add a few remarks in support of the Warehouse Receipts System Bill (Senate Bills No. 10 of 2017) . It is a Bill that is very timely because of the issues that we have seen the farmers of this country face. It aims at helping farmers to manage the post-harvest losses and make profits. It will also help stabilize the food supply as well as ensure sustainability in food security in the country.

It will ensure that the farmers in Kenya make money from harvests as opposed to losing them. I have come across a study that shows that about 30 per cent of food is lost post-harvest. That is a very high percentage. Many of these farmers are generally small- scale farmers who probably do not have too much to rely on, other than the hard work they have put in through the year, so that they can sell their harvests and make ends meet.

As the Senator who spoke before me said, there is a lot of potato farming in Nakuru County, especially Molo and Kuresoi areas. Farmers work hard day in, day out, and they harvest a lot of potatoes. However, by the time they take their potatoes to the market, a lot of them get spoiled because of bad road systems in these rural areas.

As the Speaker in the County Assembly of Nakuru, we passed a law that required the weight of a potato bag to be no more than 50 kilogrammes. However, immediately we passed it, a person went to court to stop its implementation. We now have farmers sorting out their harvest, but instead of putting them in one bag of 50 kilogrammes, the bag is sewn into two so that you have a bag double my size. Sometimes, its size is more than 11 feet and it is sold at the cost of a 50 kilogramme bag. I believe this Warehouse Receipts System will help farmers to store their harvest, sell it at the right time and make more money.

This Bill will go a long way in developing an institutional framework that will also help in the improvement of food security as well as access to regional markets for Kenyan stakeholders. We are aware that Kenya is a member of the East African Grain Council, The Alliance of a Green Revolution in Africa (AGRA), Food and Agricultural Organisation (FAO), the World Bank food security sector, among other bodies.

With the enactment of this Bill, we shall be able to tap more into other markets outside of our country. These markets will help our farmers reap more profits from their produce. Once our farmers deliver their produce, they will get receipts. They can use those receipts as their collateral and access credit facilities to improve their farming activities. This will be very helpful to small scale farmers who at the moment cannot access credit facility. What has been happening in our areas is cash-based activities. With the enactment of this Bill, farmers will access these facilities using their warehouse receipt as collateral.

The Bill will also help in making sure that when produce is stored in warehouse, its quality will always be maintained. At the time of sale, farmers will be able to get more from their produce than it is at the moment. When we talk about grain, we come across farmers who, for example, sell their produce maybe at ten or fifteen per cent below market value. This may be due to the moisture content in the grain because of poor storage facilities. However, with this system, we shall be able to avoid a lot of that and add value to the produce of the farmers of this Republic.

Mr. Deputy Speaker, Sir, the Bill will also eliminate the challenge of uneven distribution; from food oversupply during the bumper harvest to food scarce and insecure areas. With the system the Bill will create, it would be easier to maintain good quality as well as quantity of the stored commodity. This can be traded across the areas so that those that have overproduction can also supply to those that have scarcity of food. This should lead to a lot elimination of food insecurity that we have been facing as a country.

I support this Bill and look forward to a time when we, as a Senate, will put the interests of our farmers before party interests. We, as legislators, know very well that when we debate this Bill during the Third Reading or Committee stage, opportunities will be availed to us to bring any changes or amendments that will enrich this Bill. We should stand with the counties and support Bills that will help our people improve their livelihoods.

I support.

Very well. Let us have Sen. Pareno.

Mr. Deputy Speaker, Sir, I rise to support this Bill because it provides a legal formula outside the framework that we already have with the National

Cereals and Produce Board (NCPB). To me, this is some sort of liberalisation of the services of warehousing, especially when it comes to produce. A legal framework will ensure that we have an organised sector and that the farmers keep their produce in good shape.

The introduction of the Warehouse Receipts System gives the famer a sense of ownership of his produce. It is more trusting to talk to a farmer who has a receipt from a warehouse than one who has stored maize somewhere in the field. The receipt acts as proof of ownership of some commodity. It gives the farmer mileage in terms of negotiations. If you, probably, want some money you will be able to show this receipt. This is another level of upgrading the farmer when it comes to ownership. This receipt is proof of ownership that can used to trade and improve the livelihood of all farmers.

Mr. Deputy Speaker, Sir, sometimes the NCPBs warehouses are so much apart that it is not easily accessible by farmers. If we open up this sector through this Bill, private individuals will be licensed to open warehouses for farmers’ produce. This is because through this framework, there will be checks and balances.

The Bill provides for storage system. Currently, each and every farmer stores his produce in his own way. However, with an organised system of storage, there will be a proper record, inspection and even grading of the produce. This assures us in quality. We will trust more the produce that is in a warehouse, receipted, inspected and graded than produce that is delivered from the farm. This is organising further the farming methods of our farmers. We are providing them with a legal framework. It also guarantees quality. This quality will be maintained all the time in the warehouse.

Mr. Deputy Speaker, Sir, it also guarantees that the quality would improve with better warehousing than the quality used by our farmers today. It would be better handing of our produce. Therefore, the warehousing system is definitely going to be better for us. We have had very poor handling of our produce in the farms to an extent that some reports indicate that a lot of the food gets contaminated with aflatoxin right from the farm. We therefore end up having a lot of contamination and poor storage. We have witnessed a lot of deaths in this country occasioned by the poor handling of our produce.

I attended a conference sometime back where it was disclosed that most of the aflatoxin related diseases are so rampant to an extent that it is being suspected that a lot of cancer cases are arising out of the contamination of food. It goes a long way to have a proper system, ensure quality and help the farmers in handling of their foods. This Bill will address some of the problems such as the aflatoxin incidents that we have had. It also addresses the diseases that arise out of poor handing of food. According to me, this is a Bill that should have been there all along.

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

I see no further requests.

For the avoidance of doubt, I have just seen Sen. (Prof.) Ongeri’s request on my screen. Please proceed.

Mr. Deputy Speaker, Sir, I rise to support this Bill because it provides a legal formula outside the framework that we already have with the National

Order! Order! Sen. (Prof.) Ongeri, Senator for Kericho County, you know what you have not done. You cannot walk into the Senate as if you are entering Konoin or Sotik market, for that matter. Have a seat Sen. Cheruiyot.

Sen. (Prof.) Ongeri Proceed.

I see no further requests.

For the avoidance of doubt, I have just seen Sen. (Prof.) Ongeri’s request on my screen. Please proceed.

Mr. Deputy Speaker, Sir, initially, when Sen. Dullo asked me to second this Bill, I was not quite clear on the nature and direction that the Bill would take. However, now that I feel more educated and informed, it is quite clear that one of the most untidy business today is the produce coming from the farmhouse. The prices being offered at the farm gate houses or delivery centres including the ones at the National Cereals and Produce Board (NCPB) are appalling.

For instance, I have in mind one of the most precious commodities coming from my county, Kisii County, as well as Nyamira County; the production of avocado. Every time I have visited the small markets, it is very distressful that the avocado which is so cherished in hotels in Nairobi and export markets is being wasted away for Ksh5. When I am in a hotel in Dubai, the price of the avocado is about US$5. A poor farmer is being coerced because of the glut in the market of avocado fruit.

Mr. Deputy Speaker, Sir, I hope that this Warehouse Receipt System Bill will go a long way in addressing this important transient means of marketing some of these products that the farmers waste away. They put in so much energy and pressure in trying to grow these items yet they get wasted away.

The other commodity that I see is wasted away is the banana unless you have a value addition. I hope that these warehousing systems will also mutate or transform the farmer to go a step further so that the warehousing of these products will be semi- processed where they are processed partially for local consumption as well as export. It will be a stimulus for everyone to buy these commodities and items.

Mr. Deputy Speaker, Sir, during the contribution, I heard Sen. Poghisio or Sen. Kajwang say that this can act as a barter trade on commodities based on the expert advice that they got from India. Barter trade was at one time considered a very primitive way of dealing with trade. However, a time came when countries were stressed on the issue of foreign exchange reserves that they had no choice except to resort to barter trade. The trade had the element of defrauding the farmers and those who supply the commodities. I hope this warehousing receipt system will innovate on the crude barter trade system so that whatever is stored and the grading and the categorisation of the product will help to fetch a better price.

I am also wary about some of the warehouses; farmers in this country have lost products like coffee in the private warehouses. We must be very careful when we want to promote this kind of system without recourse to what has happened within this country. For instance, the cotton ginneries were one such example where farmers were lured into.

areas should be carefully examined so that farmers will be happy with the product that we are trying to give them; that is the legal mechanism through which they are going to operate.

Otherwise, I am excited about this Bill because I am a farmer. I have seen what farmers go through and the problems they have. We have talked of potatoes, tea, bananas, cashew nuts, avocados, sweet potatoes and many other products, including Miraa – I do not know if we are allowed to talk about this product in this House. But these are the issues that should concern us, as the Senate and the county governments that we serve. They are important because we can give them a better product. That will be important for us to do.

Sen. Dullo, you have my vote on this so long as you tie up those loose ends. Do not be disappointed about other votes because sometimes, it is important to clarify issues in a different way and you must accept it. This is because the only reason – and I do not want to go into a debate which is already closed – is that we want to examine these things in detail so that we are sure that the issues we have raised now in this debate will be replied to. We hope that when you come to reply, you will assuage the concerns and doubts that the legislators have raised on those matters in this Bill. Then you will have no difficulty getting the Bill through the Second Reading.

But if you will come and say that it is a give and take situation, then people will raise concerns. I raised a concern on a particular issue that has already been sorted out and those concerns were not replied to. So, my conscience has to bother me whether to vote for or against the Bill. I am now suggesting to the Mover of this Bill that when the time to reply comes, kindly scan through the concerns that have been raised and assure us that everything is in good order.

With those few remarks, I beg to support. Thank you.

Mr. Deputy Speaker, Sir, I have noticed something. When I walked in you looked a bit tired, but when it came to addressing Sen. (Prof.) Ongeri on matters miraa, your face brightened. I know that this is a topic you are extremely passionate about.

areas should be carefully examined so that farmers will be happy with the product that we are trying to give them; that is the legal mechanism through which they are going to operate.

Otherwise, I am excited about this Bill because I am a farmer. I have seen what farmers go through and the problems they have. We have talked of potatoes, tea, bananas, cashew nuts, avocados, sweet potatoes and many other products, including Miraa – I do not know if we are allowed to talk about this product in this House. But these are the issues that should concern us, as the Senate and the county governments that we serve. They are important because we can give them a better product. That will be important for us to do.

Sen. Dullo, you have my vote on this so long as you tie up those loose ends. Do not be disappointed about other votes because sometimes, it is important to clarify issues in a different way and you must accept it. This is because the only reason – and I do not want to go into a debate which is already closed – is that we want to examine these things in detail so that we are sure that the issues we have raised now in this debate will be replied to. We hope that when you come to reply, you will assuage the concerns and doubts that the legislators have raised on those matters in this Bill. Then you will have no difficulty getting the Bill through the Second Reading.

But if you will come and say that it is a give and take situation, then people will raise concerns. I raised a concern on a particular issue that has already been sorted out and those concerns were not replied to. So, my conscience has to bother me whether to vote for or against the Bill. I am now suggesting to the Mover of this Bill that when the time to reply comes, kindly scan through the concerns that have been raised and assure us that everything is in good order.

With those few remarks, I beg to support. Thank you.

Thank you, Sen. (Prof.) Ongeri. For your information, miraa is a crop under the Crops Act, courtesy of the hard work by Sen. Kiraitu Murungi, other colleagues and I in the last Parliament. So, you can comfortably categorize miraa with tea, coffee, bananas, cashew nuts, sweet potatoes and other potatoes that are not sweet.

Finally, the Senator for Kericho County.

Mr. Deputy Speaker, Sir, I have noticed something. When I walked in you looked a bit tired, but when it came to addressing Sen. (Prof.) Ongeri on matters miraa, your face brightened. I know that this is a topic you are extremely passionate about.

Order, Senator. Proceed.

decade ago; we began having this gender consciousness where we said that if it is our cabinet, it should not have more than two thirds from either gender.

The truth of the matter is that the gender that we are trying to protect is the women. I do not see why we should disenfranchise this council if we get to a point where we have two extremely brilliant women who both qualify to be chairperson and vice- chairperson. Why should we deny them an opportunity yet for the last 40 years, we were so comfortable having boards that were chaired by men alone. It is extremely wrong for us to say that the chairperson and vice-chairperson should always be from the opposite gender. We should say that they can come from either gender. However, if both are women, there is no problem about it. That is my thinking.

With regard to the Bills that will come before this House, I will continue to raise that point until a time when it will be accepted. In fact, if any of the Bills that I am working on should have a council or a board, as a drafter, I will put that provision. That will help us see those who will oppose it then we can know the enemies of women in this House.

What is it, Sen. Kajwang'?

Mr. Deputy Speaker, Sir, I do not think Sen. Kajwang' understood what I said. I tend to believe that he chose to misunderstand me. It is not that he does not get what I am saying. He is being cheeky. I do not think that I need to b labour the point further because I have made my point.

I was speaking about the issue of generic repetition of phrases that we keep on finding in many of our Bills that I feel our legislative drafting department need to take a keen interest on and perhaps, notice. Last week when contributing to another Bill, I did point out that many of our young people are jobless. I do not believe, as a legislature, that when given an opportunity to serve somewhere, you should seek to stay beyond the time mandated, either constitutionally or even do more than two or three terms. I do not like the phrasing that is used in many of our Bills where they say that:-

“The Chief Executive Officer (CEO) shall serve a term of three years and shall, subject to satisfactory performance, be eligible for reappointment for a further term of three years.” It is never put in black and white. Kenya is increasingly becoming a litigant nation and when things are not so clear and black and white, we have seen courts grant leave of thought to many of these things. That phrase as it is scribbled in this Bill does not qualify to tighten the noose such that as a CEO, once you have been appointed for a further term of three years after doing the first term; that it is clear that it is your final term. You can still be appointed for a further three year term.

I have actually seen, but I do not remember the court case number, somebody going to court to challenge this. Therefore, as we continue to draft some of these things, it should be clear. Why do we not expressly provide for it that the CEO can serve for a

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

maximum of two terms; one term of three years and if his or her services are found to be satisfactory, then he or she is given a further three year term?

Mr. Deputy Speaker, Sir, it is at least clear this time; just by listing some of the recommendations about what the council can do, it says that:-

“The council may suspend the operations of warehouse operators, inspectors, wares or graders operating under the Act---”

What is it Sen. Dullo?

Mr. Deputy Speaker, Sir, have you noticed that the Senate Minority Leader, Sen. Wetangula, walked into the Chamber without bowing? Is it really in order?

Mr. Deputy Speaker, Sir, maybe we need to define bowing because what I noted is that he nodded his head which is totally different from bowing. Anyway, let me go back to my contribution.

I was speaking about things that the council can do and something really pricked my thought and I was excited about it, that this council that is being proposed can actually suspend the operations of a warehouse operator, an inspector, weigher or grader operating under this Act for failure to comply with any of the provisions of this Act. This is really encouraging. Many of the people who, perhaps, are in this House and are not farmers may not understand why this is a big point. But let me shock you by telling you that today farmers in this country do not have direct access to the market despite the fact that we pride ourselves as being a free market economy.

It does not matter whether you are a sugarcane or a potato farmer, the minute you have your sugarcane or potatoes ready for the market, what I know and I have seen people doing is that you will get them to a lorry and transport to the market. But the minute you get to the market, you are not allowed to sell despite the fact that you may be the one who planted these potatoes. What people are normally told to do is that you sit aside and wait for people known as market brokers to get a price for you and they will be sold at the price that they feel is right.

If you go to Wakulima Market tomorrow morning and observe the farmers that are delivering their farm produce, from fresh kales to oranges and onions, you will realize that the farmers - who come at the back of the trucks because they cannot afford to have vehicles of their own - will be told to sit aside and wait for a farm broker who will sell the produce for them. The provision of the Council begins the important process in our agricultural sector where we are de-linking farmers and brokers and separating them.

What is it Sen. Dullo?

Mr. Deputy Speaker, Sir, I am the Senator for Kericho County. It pains me that tea farmers in my county at the end of day sell a kilogramme of may be tea for Ksh300. Sen. (Prof.) Ongeri and every other Senator who is here and represents tea planting counties knows this. What ends up in the pockets of the farmer is only about Kshs70 or Kshs80 at best. Kshs220 or Kshs230 ends in the pockets of these brokers that we are trying to get rid of through such a Bill and such thoughts.

I support this kind of thinking. It is my sincere hope that this is the beginning of better days for our farmers. If we begin to have this kind of thinking where as legislators we pay attention and listen to the keen demands of the people that elect us into office and generate such Bills, then this Parliament can redeem its glory. People will feel that we are not just grumbling about the attacks but we are rightfully doing what we are elected to do.

Mr. Deputy Speaker, Sir, another provision that I am happy that the drafter of this Bill included is the penalty provisions. For example, Section 39 of this legislation states that:

“A warehouse operator, any officer, agent or employee who issues or aids in issuing of a receipt knowing the goods for which the receipt is issued have not been received by the warehouse operator or are not under his actual control at the time of issuing the receipts commits an offence and is liable, on conviction to a term of imprisonment not exceeding five years and a fine not exceeding Kshs1 million” I want to suggest to you, Sen. Fatuma Dullo, that in my view, this is too lenient. This is a slap on the wrist. We are talking about warehouses that are storing goods worth hundreds of millions. When a person who has forged systems and aided the deception of systems is being fined Kshs1 million, they will comfortably participate in this crime because there is no proper mechanism for punishing them.

Mr. Deputy Speaker, Sir, I want to suggest that when you later retreat and as you rise to respond to us, you give us an assurance that you will keenly look into this and may be, propose imprisonment of ten years and a fine of Kshs5 million, then, you will win more of my support. Among other penal provisions that you have provided for, that is the kind of thinking that I feel should guide you when you respond.

In conclusion, as I was reading the final notes about the things that this Council may do, I also noticed that the Council that shall be set up has provided a forum for public participation. It states that the Council may invite any person to attend any of its meetings to participate in its deliberations but such persons shall not have a vote in any decision of the Council.

If you remember the history about how farming corporations went down in this country, the buildings that are on the end of Haile Selassie Avenue are a constant reminder of how we mismanaged agriculture in this country. These include the Coffee Plaza and the Kenya Planter's Cooperative Union (KPCU), which are shells of concrete. But back in the days, they used to be thriving businesses. But the reason they failed is because we allowed people who we sent into office to represent farmers in those institutions to stay in Nairobi throughout and forget the tribulations of the famers who sent them there; and we insulated them.

Actually, I did not notice because I noticed that he bowed. So, I did notice that he did not bow.

Sen. Dullo, I know that you have unresolved issues but as the Swahili say “Mgala muue haki yake mpe.”

Proceed, Sen. Cheruiyot.

I was reading the legislation that was available at that time in the 1960s and 1970s; I have discovered that a Coffee and a Tea Director were very senior people who could not even be touched by the District Commissioner (DC). They were even given security of tenure, but they sat in these offices and forgot about the plight of the farmers.

Mr. Deputy Speaker, Sir, when you include in such a Council that, from time to time, you shall invite members who have interest in this Council. These members will then come and give their views – it is not even a must that they vote – but just by speaking to these Council members and reminding them why they are in office every now and then, then we can redeem our agricultural sector that has been ailing for far too long.

With those many thoughts, I beg to support this Bill. I propose to the Mover and the Drafter as well to bear in mind the various contributions that have been made by different Senators as they retreat to draft. The reason we go through this phase of a legislative process is so that we can also share our thoughts and enrich your proposal. Like they say, a good idea must always give way to a better idea. This Bill is a good idea, but the proposals that have come from colleague Senators are even far much better ideas. It is my sincere hope and wish that the Mover of this Bill will encompass and include these deliberations in the Bill.

Thank you, Mr. Deputy Speaker, Sir.

Thank you, Mr. Deputy Speaker, Sir, for an opportunity to contribute to this Bill. Warehousing is one of the most critical components in commodity handling. In this country, we have statistics that show that post-harvest management of cereals and other products occasions farmers losses of up to 60 or 70 per cent. So, this Bill comes at a time when the country is devolving activities and where value addition is now the trend in the agricultural sector. So, it is important that order and sanity is brought to the management of warehouse products.

there is no water, yet nobody is bothering with areas where evaporation is at less than six per cent. Everybody is now in a mad rush. They know that if they set up a fish pond in Isiolo regardless of the weather, they will get their quick cut and leave. Mr. Deputy Speaker, Sir, if you fly over Narok--- You were part of the ‘sky team’ and I am sure you have seen all these empty---

Order, Sen. Wetangula! Which team is that?

Proceed without any further reference to that team.

there is no water, yet nobody is bothering with areas where evaporation is at less than six per cent. Everybody is now in a mad rush. They know that if they set up a fish pond in Isiolo regardless of the weather, they will get their quick cut and leave. Mr. Deputy Speaker, Sir, if you fly over Narok--- You were part of the ‘sky team’ and I am sure you have seen all these empty---

Order, Sen. Wetangula! Which team is that?

Proceed without any further reference to that team.

Mr. Deputy Speaker, Sir, in the last Parliament, there was a team that acquired some common notoriety called the ‘sky team’ that was all over with helicopters. When you fly over Narok you see a lot of empty ponds, with black polythene everywhere. In each one of those ponds, we have sunk Kshs3million or Kshs4 million of public funds. Why is that so? It is because somebody sits somewhere and says that since fish farming is good, they can make money. If they do 500,000 ponds and make Kshs1 million on each, that is a couple of billions. That is Kenya for you.

counties? How will it impact on counties? I do not believe that we can sit in Nairobi and somebody at the Ministry of Land, Housing and Urban Development---

Order, Sen. Wetangula! You will have a balance of 52 minutes when the debate on this Bill continues.

Hon. Senators, it is now 6.30 p.m. and time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow, Thursday, 22nd February, 2018, at 2.30 p.m.

The Senate rose at 6.30p.m