Wednesday, 23rd November, 2016

Order, Senators. I have a Communication to make on the Summit for Peaceful Elections, National Cohesion and Unity for Socio-Economic Development.

I wish to inform you that the Kenya Private Sector Alliance (KEPSA) has organized and invited all Senators to a leaders’ summit on peaceful elections, national cohesion for socio-economic development.

KEPSA’s key focus areas are:-

On a point of order, Mr. Speaker, Sir. When a matter is being referred to a Joint Committee, you normally read out the names of the Membership of the Committee. Secondly, this rejection comes at a very unique time when levels of corruption in our counties are now unprecedented.

Everywhere you go there is corruption. For example, in Bungoma, a governor took Kshs304 million and put into an account of some girl who was working in the county office. In Kakamega, Bukhungu Stadium worth Kshs1 billion collapsed. There are also many cases in Kilifi among other many counties. Only posterity will find that we were right when we wanted the Senate to be capacitated to have a more proactive role in pre-empting corruption rather than just wailing and crying about it.

Mr. Speaker, Sir, I followed the debate on this matter in the National Assembly. The committee which is looking into the matter should also look into the issues of the interpretation of the law because the argument was that we had used the wrong procedure to promulgate those regulations. The Chairman of the sister Committee to the Committee chaired by the Senator for Nandi explained that one or two Members opposed that interpretation but the Senate Majority Leader agreed with the interpretation of the law. It made me to think of how everybody could have gone wrong on the application of the law in this regard.

So, they should look into it carefully because it appears to me that therein lies our way forward; that the interpretation put on it was not made in good faith. It was merely to scuttle what we are trying to do and that should come out very clearly. They are using an interpretation of the law to scuttle what everybody had agreed on. So, the Committee should look into that.

Before I forget to respond to the one of Sen. (Dr.) Khalwale, I agree with the second one in its entirety because until some issues are seen in the context, then there will be those saboteurs. But on the specific one of naming names to the Committee---

I appreciate that Sen. (Dr.) Khalwale’s new party leader is in the House but I am here for now. When you addressed me, I listened to you attentively and now I am addressing you also.

We invoked Standing Order No.215, which I quoted in extenso, that it shall be referred to a delegated committee and it is this committee and the other delegated committee of the National Assembly.

This is a statutory instrument. We made a special consideration for it under that particular Standing Order but ordinarily, we are right because that is the way we have always proceeded. So, after I give the directions, the Senate Majority Leader will come with a Motion to form a joint committee. That is where the names will be and we will approve them.

Mr. Speaker, Sir, this issue has been a matter of concern for the Senate for many years. It is about building the capacity of the Senate so that we can execute our mandate of exercising oversight over the county governments effectively.

important that we discuss this matter critically. First, we have been let down by the leadership of this House. The Kenya National Assembly is known to all and sundry in this country to take instructions from the Executive. If the President of this country and his Deputy want to empower the Senate by giving Kshs1 billion, that directive will go to that House and the Bill will be passed in minutes. It has happened and it can happen. However, if the Executive is not keen, we will make a thousand regulations and send them to the National Assembly but they will never be passed.

I think Members of the National Assembly are clear in their minds. They do not want the Senate to be empowered. I think the reason is because they take instructions from the Executive which does not seem to take this House seriously. Therefore, it is time we now ask the hard questions. What exactly is the leadership of this House doing with regard to facing the Executive on this matter of empowerment of this House?

We are not asking for the National Government Constituency Development Fund (NGCDF) to build roads but we are asking for money to exercise oversight. They allocate Kshs300 billion to counties but the Auditor-General said counties cannot account for half of that money. This is a case of what the British call being pennywise and pound foolish. You cannot deny people to spend Kshs1 billion to look after Kshs300 billion but you are ready to lose Kshs150 billion.

Yesterday, governors issued a statement. They said that the Integrated Financial Management Information System (IFMIS) is responsible for the theft. How can the IFMIS be responsible for stealing money? It is individuals who manipulate the system. You cannot buy a bottle of water in any county in this country without the approval from the county governor and that is known. There is no County Executive Committee (CEC) member for finance or any Ministry that can buy a bottle of water without the governor knowing where the invoice is going to. There is no way you can approve any transaction in the IFMIS. In fact, even the signatories themselves said that they do not know who appoints signatories. Each CEC is required, through the governor, to submit in writing to the IFMIS Director Accountant General two names of the signatories.

Yesterday, they said that they do not know how that thing works and how money is stolen. They do not believe and trust the Auditor-General. They rubbish what the Controller of Budget and Senators say. They call Members of County Assemblies (MCAs) names. They now want the IFMIS scrapped. They are given Kshs300 billion but they transfer the money to their accounts.

Mr. Speaker, Sir, the President should be committed on this matter. If he wants us to save this country money, he must empower this House. The National Assembly takes instructions from only one person. Last time when they wanted to refuse to pass the Budget because of the NGCDF, they were called over lunch for a half an hour, just five minutes to time, and told to go and pass it or else they should know where they would go. They rushed to the House and passed the Budget. Therefore, if the President wants to save this country a hundreds of billions being stolen in the counties, he should empower the Senate. It has come to haunt us since money has disappeared.

Lastly, it is time our leadership played hard ball with the National Assembly. Some of us have suggested many times to go to court. Let us not have mercy on anybody. Let us go and stop the NGCDF. Let us go and stop all the money being put aside. In spite

makes them proud because they have got money that totals to almost Kshs500 million. They get the NGCDF, road money and other monies and they literally control every penny of national Government which goes to the constituencies. It is time we exercised our muscles and see who will lose. We should leave a legacy for this House. Otherwise, we shall put this House in the basket.

Mr. Speaker, Sir, thank you very much.

Mr. Speaker, Sir, this House has always played a fair game. We recognise that we have a bicameral Parliament and we have always acceded to and processed any Bills or business that comes from the National Assembly with the seriousness and urgency that it deserves. However, there has not been any reciprocity; not that we are asking for it as a favour but the Constitution says that institutions of Government must consult and cooperate. However, what is happening is total non- cooperation. The Constitution gives this House the responsibility to oversight counties and a function that has been given must be followed with resources. Resources follow functions. For the time that we have been here, this Senate has never been resourced enough. Instead, resources have been cut.

When the Senate started, we had adequate resources for the Committees for benchmarking, but that has also been reduced. We are asking for money to safeguard and oversight the counties; it is not to increase our salaries or remuneration. If we are denied this money, it means that devolution is at stake. Devolution cannot work unless there is oversight. That is what is in the Constitution.

Whatever is being done by the National Assembly is unconstitutional. It is unfortunate that the Constitution says that the Senate should not be involved in money Bills. That is where the problem started. We have to relook at the Constitution to ensure that the Senate participates in all legislations, including the so-called money Bills.

Mr. Speaker, Sir, it is time we asserted ourselves. We should not just amend the Bills that come from the National Assembly, but reject them. Some Bills that come to the Senate are subject to rejection, but we have taken time to amend and negotiate. Instead of the National Assembly asking us to sit together to amend anything that is not proper, they reject and use the words ‘rejected in totality,’ as you have read. The language is non- cooperative and provoking. It is time that we use the same comb whenever there are Bills that emanate from the National Assembly. We have to show that we have the authority in law to do whatever we do.

The National Assembly has been using the budgeting process to arm twist the Government to allocate them National Government Constituencies Development Fund (NGCDF) . I am not advocating that the Senate should take the same route, but it is time we looked at all opportunities, whether through the courts or other avenues, to ensure that the Constitution is adhered to. The NGCDF is an area that we should look at. We know that the Constituencies Development Fund (CDF) has assisted people and it is not the wish of the Senate to curtail it. However, we know that it is not in accordance with the Constitution. If these mere regulations are deemed not to be in accordance with the law; how about the NGCDF? This House should assert itself and not give up. We should pursue this matter now and in the future.

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, as I listened to you read the Message from the National Assembly, I could vision a dark cloud descending upon this House.

The Senator for Mandera County has said it all; that there is a grand conspiracy to frustrate this House, eventually kill it and destroy devolution. The conduct of the Executive towards Parliament starts from the issue of Women Representatives. We have distinguished women in this House like Sen. Zipporah Kittony. The Executive buys every Woman Representative in the National Assembly two four-wheel-drive cars, but does nothing for the distinguished women in this House who cover even larger areas and do greater work in the country.

Mr. Speaker, Sir, as they continue to belittle this House, we hear a lot of lip- service about fighting corruption. The Budget and Appropriations Committee in the National Assembly, chaired by a man called Hon. Mutava Musyimi, whom I always call the wrong reverend because he does the wrong things, sat down and allocated themselves - 52 Members of the Budget and Appropriations Committee - Kshs100 million each to take to their constituencies. If that is not corruption, then the word ‘corruption’ has no meaning. The Executive acquiesces to that and does absolutely nothing. Some were just hawking money in their constituencies. That is where we are.

We asked for a small fund and you personally called me to your office and requested me to sit on that Committee, which I agreed so as to give it the credence that it deserved. We did a lot of work and looked at everything. However, when the matter went to the National Assembly, they not only poured scorn on it, but rubbished it and insulted the Senate; that they are giving money to Senators to put into their pockets.

Mr. Speaker, Sir, I know the membership of this House. Sen. Karaba from Kirinyaga can be equated to Caesar’s wife in terms of probity, and so are other Senators. There is no single Senator who wants this money to put in his pocket. You preside over a House which has no comparables. North Horr Constituency in Marsabit County, which is represented by Sen. Hargura, is physically larger than the former Western, Nyanza and Central provinces put together. Sen. Hargura is supposed to go round the county and even educate the people on what devolution is all about and how money must be accounted for. Instead of him being given a partly Kshs20 million, which he would have probably used to buy one four-wheel-drive vehicle and use the rest on fuel, we are told that Senators want to pocket the money. All this is happening because the Executive is not interested in this House. We are an appendage to an institution called Parliament.

Mr. Speaker, Sir, sometimes I feel for you as the leader of this House. We have over 25 Bills pending and gathering dust in the National Assembly on the shelves of a man called Hon. Duale. We have our representatives in the House Business Committee (HBS) in the National Assembly. However, when any matter comes from the Senate, he simply tells them to throw it away and that is where it ends.

This frustration is what causes lethargy in this House. Every time, we say Members must come and vote. I have no business whipping my Members to come and vote for Bills that will go to gather dust in the office of Hon. Duale. We pass Bills here. The only Bill that we pass that was going to give meaning to devolution brought by the distinguished Senator for Nandi County, it went to the National Assembly, they

devolution, the Judiciary, was waiting.

Mr. Speaker, Sir, the Bill goes there and I am sure the judge who struck down that Bill did not read it. I have no doubt because if that judge took time to read through the Sang Bill and the Sang Act as it was, he would never have shot it down because that Bill was not unconstitutional. If there is anything unconstitutional, it is an act called the National Constituencies Development Fund. It completely runs contrary to the principles of devolution. It is there and money is allocated.

Mr. Speaker, Sir, we have now reached a level where we have to ask – and I am happy that my brother who is the Senator for Tharaka-Nithi has walked in - he leads the troops on the side of the institution that is anti-devolution. I want to encourage him, when Sen. Billow said the leadership has failed us, he omitted to say that the leadership on the side I sit – I have nothing to do with the Jubilee leadership. They are the ones who are pressing buttons and the National Assembly jumps.When he comes here---

What is your point of order, Sen. Billow?

On a point of order, Mr. Speaker, Sir. The minority leadership cannot escape that responsibility because the Members of Parliament who vehemently opposed the Kshs1 billion are from the Coalition for Reforms and Democracy (CORD) . Many a time, we have asked him to engage their own leadership in that House. So, you have some responsibility and a role to play.

What is it, Sen. Hassan?

On a point of order, Mr. Speaker, Sir. We have watched the proceedings in the National Assembly and some of the Members vehemently supported. Members like Hon. Wandayi and Hon. Midiwo who are members of CORD. The responsibility in the National Assembly is that they are people who refuse to grow up to see what this Senate is supposed to do.

Mr. Speaker, Sir, to that extent, Sen. Billow’s information may be right but the voting majority in the National Assembly, the so called “tyranny of numbers” coined by a man who has now disappeared from the national stage because of probity, is with Jubilee. Even if Hon. Wandayi and Hon. Midiwo or whoever spoke with vitriol, if the Jubilee side wants to vote in anything, they will. We are in a position – I implore my brother Sen. (Prof.) Kindiki, and I have no doubt he is an effective leader in this House – if those people who caused you to be in this seat listen to you, I want to encourage you to talk to them and tell them we did not create devolution for governors to steal public resources. Devolution and the Senate were created to make sure that we oversight them so that they do not steal money.

Mr. Speaker, Sir, yesterday, in a petition in the Committee chaired by Sen. Billow, I could see the horror on his face when the statement was brought that a governor has wired Kshs314 million which is public money to an account of a girl. What we are saying is that we want to enable the Senator for Bomet County to go and find out what is happening. We want to enable the Senator for Kakamega County to go and check why a governor would put Kshs1 billion in a stadium and as soon as they finish welding, it all comes down. We want to enable the Senator for Tharaka-Nithi County to go and check why his governor starts naming streets at night. We want to enable the Senator for Nandi

which can cost Kshs1 million, cost Kshs27 million.

All these things are a catalogue. I want to urge this House now more than ever before, in unison and in a bipartisan manner, to stand and defend the integrity of this House, the future of this House and in the process, you will be defending devolution.

Mr. Speaker, Sir, as I finish, I would like to say that some of our governors out there think they want to have responsibility without accountability. That is not possible in a democracy. Responsibility carries accountability. You give them public funds but when you want to oversight them, they behave like rogue buffaloes, like we saw the Governor of Murang’a County. Sen. (Prof.) Anyang’-Nyong’o sometimes uses hard language but he never insults people. I think we all know this. Those of you who studied humanities must have been students of, or read books written by Sen. (Prof.) Anyang’-Nyong’o. This rogue governor comes and throws his little weight around the room.

In the animal kingdom, the most decent and polite animal is the elephant and yet it is the largest. When you find some paper tigers roaring around and telling everybody who they are; it is a sad day for this country. We must stand up to be counted, we must act in unison and as our Speaker, you must take the lead. You have a duty to face the executive and tell them the Senate is not a rubber stamp, the Senate is not a nuisance, the Senate is not an appendage and the Senate is an institution that is here to stay because the people of Kenya believe in the Senate.

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I have listened to your directions and the first direction is that the Delegated Legislation Committee will have 21 days under Standing Order No. 215 to report to the Senate whether they agree or disagree with the resolution of the National Assembly. I do not expect the Delegated Legislation Committee of the Senate to disagree with themselves about their recommendations.

Mr. Speaker, Sir, this is my proposal; you have given them 21 days which goes beyond the period within which we will be sitting as a Senate. I thought you would use your Standing Order No. 1 and discretion available to you to ask the Committee led by Sen. Sang to have a report here on Tuesday next week which will cause the Joint Committee to start sitting under Standing Order No. 216. Otherwise, we risk that this is going to become an academic exercise in February. What will be the point of having a Joint Committee sitting in February, 2017?

What is worse, Mr. Speaker, Sir, there was a public display of mockery of this Senate. It is not possible that this House of review, of eminent legal scholars can make the sort of mistakes they purported we were making. Therefore, just like Sen. Billow has said, I would suggest that there is failure somewhere. That was an excuse to deny the Senate those funds and I am aware that there were consultations that were done before those rules were tabled in the National Assembly. The wisdom of the Supreme Court - for you to appoint three persons who would seek to sit with the National Assembly cannot be overstated. We have lamented so much about our problems.

Sometimes I think as we sit here every day, we are signing our death warrants and wishing this Senate away just like the first Senate of this Republic. It would be a bad history if that were to happen. For once, I know you have pleaded and said that you are a gentleman. If somebody slaps you, you do not slap them back. However, these are

are seeing in the counties cannot continue unabated. You and I will be at the centre of history; the infamous history of being the Senators who will be recognised for having supervised the death of devolution in this country.

Mr. Speaker, Sir, looking at the Communication that you made, I have no doubt that my Committee will not take more than three days to report to this House. The Standing Order No.215 indicates this must be done within 21 days. I am sure by Tuesday next week, we will be able to have that report.

However, it is important to refresh ourselves on the journey that we have taken on these regulations so that we appreciate that this is not a matter of legality, but it is about politics. You will remember that the first Kshs1 billion that was allocated to us courtesy of negotiations between this House and Parliamentary Service Commission (PSC) was taken away by the National Assembly when we undertook our constitutional responsibility of increasing resources to counties. That is where the rain started beating us.

Subsequently, we had protracted discussions and negotiations with the National Assembly to the extent that we agreed that we publish regulations pursuant to the Parliamentary Service Commission Act. This was a recommendation by them. We did exactly that only for them to reject the same regulations and tell us that we needed to publish them under the Public Finance Management Act. Again, we considered, worked together with them, they rejected it and they took us back to the PSC.

Further, they told us that we needed to discuss with the National Treasury. I remember, led by Sen. Kiraitu, we went and met the Cabinet Secretary for National Treasury, Mr. Henry Rotich, who agreed and allocated resources. The National Assembly again rejected this.

I chair the Delegated Legislation Committee. When we sit down to consider regulations, we have never had an opportunity to even annul a single regulation in this House. This is because where we have issues with regulations we invite the regulation making authority and tell them that we have issues with “x”, “y” and “z” and they agree to review and we proceed on. When there are issues with one or two of the regulations that were published, they had the opportunity to invite the Kiraitu Murungi led Committee and tell them we have issues with “x”, “y” and “z”, but they refused to do that. They went ahead and annulled the entire regulations in totality. It has nothing to do with the law because they even broke the procedure.

We, as House, would be naïve to imagine that it is anything to do with the Public Finance Management Act or that there is a problem with the law. The problem that we have between us and the National Assembly is a political question.

tyranny of numbers that we have used on several occasions, we would pass these regulations. So, whereas the responsibility lies on both sides of the divide, the Jubilee side definitely has a higher responsibility to ensure that this House is supported.

Mr. Speaker, Sir, thank you for this opportunity. I want to add my voice to this very important debate. When all these issues started, we were told time and again that this is sibling rivalry. We accepted it at the very beginning that it was sibling rivalry because all of us either we were being born or reborn in the framework of a new Constitution. We are at a situation where one of the siblings continues to refuse to grow up. It cannot be sibling rivalry throughout. There is a point at which you must cut these issues and start to internalize the Constitution and its mechanics.

Consistent and persistent denial of the fact that there is a House called the Senate and no Member of the National Assembly or any other State agency, can do anything against it is to deny that there is new a Constitution that is in existence. The Senate is here to stay. Nobody would be able to undermine the authority of this Senate. Despite all these challenges, this Senate has done so well.

Today, Senators individually are themselves a one-man army when it comes to oversight. When Sen. (Prof.) Kindiki speaks in Tharaka-Nithi County, the county and the nation listen. With or without the oversight funds, we have shown the National

speaks, Kakamega County comes to a standstill.

Mr. Speaker, Sir, initially, he had blamed the stadium and now he has blamed the Governor.

Order, Sen. Hassan! The challenge was that your party leader should speak against corruption in CORD counties. It was not to blame a person.

Proceed, Sen. Hassan.

Mr. Speaker, Sir, thank you for that clarity. Some of us have tracked some of these issues and some of them have come to reality. Today, just to inform Sen. Wetangula, there has been a Committee on County Public Accounts and Investments reports for 2014/2015. The same queries that were raised in 2013/2014 are appearing again in 2014/2015.

the former Prime Minister said these audit reports are merely opinions. They are not. We also at times question the suitability of Jubilee Government based on reports of the Auditor-General. These are not mere opinions. If it is bad in Jubilee, it has to be bad in CORD. If it is bad in CORD counties, it is bad in Jubilee counties. It is not right. So, when the Auditor-General has written something and CORD---

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

Okay, inform me.

Order, Sen. Hassan! You have to wait for me to allow him. That is equally corruption.

Mr. Speaker, Sir, let me inform the Senator that in that press statement by Hon. Raila Odinga, he actually rubbished the Auditor-General and accused him of being biased against CORD counties in publishing the audit reports. It is in the newspapers now.

Mr. Speaker, Sir, I can say with sadness that that is not the position of the Wiper Democratic Movement (WDM) which is guided by the audit of the Auditor- General. That is why we want Gov. Mutua to pay for his crimes. We also want any other governor that has been adversely mentioned in the Auditor-General’s report to surrender to audit and arms of investigation so that they can be prosecuted.

I hope this oversight fund will help us to lift this country out of corruption.

Sen. Hassan, conclude.

Mr. Speaker, Sir, let me conclude with what I said in our retreat although some of you were not there. Just because the National Assembly has allegedly nullified these regulations, that is not the end of it. Even if we do not enjoy this Fund, we must do everything reasonable and possible to ensure that the next batch of Senators enjoy this fund. The Fund is not only about Sen. Hassan, Sen. (Dr.) Khalwale or Sen. Khaniri because they serve at this point in time. It will be for Senators across the board and then for posterity. Therefore, even if we have lost this first little tussle, we should not drop the ball to ensure that every Senator is given the benefit of and capacity to oversight.

May God bless Kenya.

On a point of order, Mr. Speaker, Sir. Did you hear Sen. Hassan say that CORD is just as much to blame for corruption for doing nothing as is Jubilee? Is he in order to mislead the country when the country knows very well that the county assemblies of Jubilee have done a sterling job? All the impeachments that have taken place in this House are from the Jubilee county assemblies. It is time Sen. Wetangula, hon. Musyoka and hon. Odinga also demonstrated that their governors will not continue holding their Members of County Assemblies (MCAs) captive. Is he in order to mislead the House?

Mr. Speaker, Sir, since I have been challenged, I agree with you.

Order, Members. On that good note where the one who has been challenged agrees with the challenger, allow me to interrupt these very interesting interventions in order to introduce a distinguished delegation from the Republic of Poland led by none other than the Marshal of the Senate of the Republic of Poland, Mr. Stanislaw Karczewski.

Thank you, Mr. Speaker, Sir. On behalf of the Government side, I welcome the Senators from the Republic of Poland. I also thank the Marshal of the Senate of the Republic of Poland for marshalling his troops to Kenya and this Senate. We are honoured with your visit.

Poland is a country with a long history of friendship with our country. Therefore, their being here goes a long way in cementing that history and deepening the friendship between the two countries. I take this opportunity to wish them well in their stay in Nairobi and hope that there will be more of these visits. Perhaps, one of the lessons learnt would be to amend our Standing Orders, so that we refer to our Speaker as the ‘Field Marshal’ of Senate of the Republic of Kenya.

Thank you, Mr. Speaker, Sir.

Let us continue with the points of order on the earlier Communication.

Bw. Spika, mbiu ya mgambo ikilia, kuna jambo. Seneti hii imelia kwa miaka minne. Tumewaeleza wananchi wa Kenya vile mambo yalivyo. Bunge la Kitaifa linataka kuua ugatuzi na faida yote iliyotokana na ugatuzi.

Bw. Spika, stakabadhi ambazo zimetolewa na Bw. Ouko zinaonyesha kuwa Kaunti ya Migori hutumia Ksh2 milioni kwa mishahara ya ziada na Kaunti ya Kisumu hutumia karibu Kshs600 milioni kwa mishahara ya ziada. Hiyo ni kulingana na ripoti ya

unaofuata wa 2015/2016.

Seneti hii inahitaji pesa za kuwapa uwezo maseneta kuzuru kaunti zao ili kuthibitisha ikiwa maendeleo yaliopo yanalingana na pesa ambazo zimetumika. Hata hivyo, kwa sababu ambazo hatuelewi, Bunge la Kitaifa limekataa kata kata kutenga pesa hizo. Tunajua kwamba kupitia Kipengele cha 96 cha Katiba, Seneti hii imepewa majukumu ambayo lazima yaambatane na pesa.

Wakati Bunge la Kitaifa wanafanya hivyo, Wabunge wamejitengea mamilioni ya pesa kupitia Hazina ya National Government Constituencies Development Fund. Wametoa sababu zisizotosha za kukataa kututengea pesa. Sio lazima tuwe na tabia kama yao, kama vile ilipendekezwa na mwenzetu awali. Sio lazima uwe mshenzi ili ukabiliane na mshenzi. Ni lazima uwe na utu na hekima. Labda hatua ya kwenda mahakamani inafaa. Lakini bado tuna nafasi ya kuteua kikundi kingine ili kishiriki kwenye majadiliano.

Viongozi katika Seneti hii, hasa Kiongozi wa Wengi na wale ambao wako na nafasi ya kumwona Rais wa nchi, wanafaa kutumia wakati huu kumwueleza Rais kwamba iwapo Seneti itashindwa kutekeleza wajibu wake katika nchi hii, basi yeye pia atapata lawama kutoka kwa wananchi. Hii ni kwa sababu Wakenya wanajua matunda ya ugatuzi.

Seneti inapigwa vita kwa sababu tuliamua kuongeza pesa zinazoenda mashinani kupitia ugatuzi. Kule Migori ilisemekana kwamba mimi kama Seneta sionekani. Siku moja nililazimika kusema kwamba mimi sikuchaguliwa kama Seneta ili niwe nikienda kuhudhuria mazishi kila mwisho wa juma. Siwezi hata kwenda kuangalia maendeleo yanayofanyika mashinani kwa sababu sijatengewa pesa za kufanya hiyo kazi. Hicho ndicho kilio cha Seneti. Wananchi wanafaa kuelewa kwamba Seneta hajapewa uwezo wa kuzuru Kaunti kila wakati; sio ulaghai wala uzembe. Tumenyimwa uwezo huo na Bunge la Kitaifa. Huo ndio ukweli ambao wananchi wanafaa kujua.

Imebaki chini ya mwaka mmoja kabla ya uchaguzi mwingine. Wabunge na magavana wamejificha kwa ulafi, ufidhuli kwa kutumia hela za umma vibaya. Sisi hatuna uwezo hata wa kumuajiri karani mtendaji anayeweza kuangalia stakabadhi za hesabu vijijjini. Ndicho kilio kilichoko katika Bunge hili la Seneti. Nawasihi wale tutakaoteuliwa kuenda huko, waangalie sheria kwa undani sana wasije wakatumia sababu kwamba sheria haikuundwa wala kuandikwa vizuri ilhali siku zinayoyoma.

Order, Sen. (Dr.) Machage! You may conclude.

Sen. Cheruiyot, I will give you two minutes. I will then allow Sen. (Prof.) Kindiki to conclude.

Mr. Speaker, Sir, this is a very interesting day in the Senate. When you see CORD Senators party hierarchy speak and the Jubilee Senators speak to the executive and tell them that they are wrong on this, then it tells you that there is great hope for this country. Political expediency is what has gotten us into this problem. We have had opportunities to engage Members of the National Assembly and ask them why they are doing this to Senators. Sometimes I am embarrassed especially when those of us from the Jubilee side imagine that when Kshs1 billion goes to the Senate, they imagine Sen. (Dr.) Khalwale with Kshs30 million and Sen. Mutula Kilonzo Jnr. with Kshs20

Government. This is ---. I was about to use a very un-parliamentary word. Forgive me, Mr. Speaker, Sir.

Sen. Melly, I will give you one minute.

Mr. Speaker, Sir, a minute is not enough but I will try. I want to point out two issues. First, the public is watching. It is now very clear who is promoting corruption in this country. It is saddening and unfortunate that this Committee of the Senate having struggled all this time to ensure that we have money to oversight, has lost it. I encourage them to move forward because we still have time. My worry is about the Senate that is coming after this Senate. If we are unable to fix this problem as at now, then the subsequent Senate will face the same problem. It might take time and effort, but I encourage Members not to rest until this matter is concluded.

Lastly, I do not see the reason why this House keeps on allocating billions of money to counties yet we cannot account for even 5 percent through oversight. I suggest another radical decision; that if possible, from the same money that is allocated to counties, the Senate should be given a percentage to oversight the same funds, otherwise we will continue grumbling here without a solution or a way forward as a Senate.

Sen. (Prof.) Kindiki, conclude.

Mr. Speaker, Sir, I wish to donate one minute of my time to Sen. Haji.

That is okay.

Mr. Speaker, Sir, what the National Assembly has done is a criminal act.

For the last three or so days, newspapers are inundated with a serialization of the horrors of corruption during the second year of the devolution system, 2014/15. If we thought 2013/14 was anything, 2014 and 2015 is just like a horror movie. We cannot continue like this. The Senate cannot continue to be taken like trash to be used when it is convenient. As a Senator for Tharaka-Nithi, I cannot continue to see plunder of public resources.

Two weeks ago, the Deputy Governor of my county was caught carrying money in sacks in his car. Part of that money was stolen by his own bodyguard. We cannot continue like this. In short, my proposal is that we suspend all businesses. We should not introduce party politics here. This is about devolution, the future of the Senate and the future of our country.

Mr. Speaker, Sir, there was Kshs1 billion which was allocated to this House. That money has been squandered by Members of the National Assembly. These people are thieves.

Members of the National Assembly are very irresponsible. They are criminals. If Kenyans are mindful of their welfare, they should take these people to court. Where is the civil society? I plead with the reporters in the Public Gallery to report what I am saying.

Order, Sen. Haji! You are completely out of order. Finally, Sen. Kembi-Gitura!

Mr. Speaker, Sir, first of all, thank you for giving this debate ample time for the Senators to express themselves. It is a very serious issue. I had the privilege of sitting in the committee that was negotiating the rules and regulations. I am a bit saddened that Sen. Murungi is not here because I know the amount of work and time he has put into this issue with a view to bringing it to fruition.

The last meeting we had with the Members of the National Assembly, they agreed with us that all the regulations were in order after we had sat and changed them to suit the requirements that they had in line with the law, including taking it to the Parliamentary Service Commission.

I, therefore, agree with my colleagues here in the Senate who say that this has absolutely nothing to do with the law. We are lawyers. We sat there with the other lawyers from the counterpart committee and went through each and every legal aspect of the regulations and agreed that everything was in place. Where these things changed later, we can only leave that to conjecture. It has nothing to do with the law. It has

to do what is right.

It is only yesterday that we were discussing the behavior of my governor in a committee of the Senate. Governors have become violent. We have to bring that impunity to a close. I thought this was only in Murang’a but it is virtually everywhere now, there are large big billboards which are campaign tools. Governors advertise their counties every day on radio stations and on national television. When this is happening, the local hospitals are closed because doctors are on strike for lack of pay, some mortuaries are not working and yet we are spending so much public money on advertising.

Senators are not able to raise these issues all the time---

What is it, Sen. Sang?

On a point of information, Mr. Speaker, Sir. It is not just about the billboards, we see adverts by governors telling owners of properties in counties that they have provided a waiver as governors. How is it possible that a governor can provide a waiver for payment of rates and rents to individual owners of properties? Of course, it is the county government that provides waivers not the governor himself. Therefore, these campaigns are beyond the billboards.

Mr. Speaker, Sir, that is very useful information. That is the point; these billboards and those waiver things all bear the picture of the governor and contain campaign slogans within them. These are the issues that even the committee that investigated the impeachment of the Governor of Murang’a County made clear. They said that no governor has the right to put his image or campaign slogan on any billboard or other material that uses public financing. It is going on with impunity.

The reason why these things are happening is because the Senate has been rendered so impotent that we are unable to deal with every aspect of oversight that Article 96 bestows upon us. Therefore, this is important. I do not know what a joint committee will achieve. However, out of self-worth, we must go beyond that point and do what is right. We have elections next year. Come the next Parliament, we must have a Senate that is able to deal with matters of oversight much better than we have been able to.

I plead with my fellow Senators who want to become governors. They must remember that we passed the Bill by Sen. Sang into law. They do not have to be reminded once they become governors that we do not need the law to actualize the tenets of what the Sang Bill meant. They can still run their counties when they become governors using the tenets and the ambience that we put into that Bill. That way, we can have oversight even without the law because the National Assembly will make every effort to frustrate what they will do once they become governors.

We have a role to play. We have learnt in the last four years and we will learn, going forward to the elections, that it is for this country that we say the things we say and pass the regulations that we pass. Our aim is having oversight as part and parcel of devolution. Devolution is the future of this country. We must, therefore, nurture it to the best of our knowledge and ability rather than destroy it.

Thank you.

Mr. Speaker, Sir, I rise to table a petition to the Senate on behalf of residents and flower farms in Naivasha Sub-county of Nakuru County on poor working conditions in flower farms.

Mr. Speaker, Sir, this Petition touches on critical issues.

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

What is it, Sen. Mutula Kilonzo Jnr.?

Mr. Speaker, Sir, in view of the numbers that we have, I propose, under Standing Order No.39, that you order that we do the six divisions before Senators leave. I have done a rough calculation and established that we have numbers.

Order, Members, I direct that we put that particular matter in abeyance and proceed to division because we have a feel for the numbers.

Let the Division Bell be rung for a minute.

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

What is it, Sen., Mositet?

ringing.

Mr. Speaker, Sir, from the contribution of the Senate Majority Leader, we had agreed to suspend anything to do with voting for the Bills and all that.

Order, Sen. Mositet! Both of us were in the House and I heard the Senate Majority Leader clearly. He said after the Kamukunji and this is not a kamukunji.

Order, Senators, obviously, Sen. Mutula Kilonzo Jnr. did not do his arithmetic well. We are unable to raise the numbers. So, I will not invoke Standing Order No.39 but we will go back to where we were. That is Order No.4 which is Petitions. Order, Members, Sen. Wangari presented a petition. Under Standing Order No.2, I will allow comments, clarifications and observations on the same.

Order, Sen. Moi! Hon. Senators, pursuant to Standing Order No. 227 (1) , the Petition stands committed to the relevant Standing Committee, in this case, the Standing Committee on Labour and Social Welfare. In terms of Standing Order No. 227 (2) , the Committee will be required in not more 60 days from the time of reading the report, which is today, to respond to the petitioners by way of a report addressed to the petitioners and laid on the Table of the Senate.

On a point of order, Mr. Speaker, Sir. You have ordered that the Petition, through Sen. Wangari, be brought to the House in 60 days. That is exactly what you have ruled in more than a 100 petitions that are still pending one or two years later. The people who make these petitions, like the flowers pickers in Naivasha, must have a good reason why they seek the intervention of the Senate to deal with their case. They believe and trust that we will come up with a solution for them. It is, therefore, frustrating when it takes two years or goes beyond the Session and nothing happens.

I kindly and humbly request you to make a ruling to the committees that are dealing with the petitions to adhere to the Constitution and our own Standing Orders, to make sure that the reports on the petitions are laid on the Table of the Senate in good time or give a reason for not tabling the reports and then seek an extension, assuming that it is possible to give an extension under the Standing Orders. It is frustrating to the people who seek answers from us and not get them.

Mr. Speaker, Sir, would I be in order to suggest, the same way we suggested to the Senate Majority Leader and he partially complied, that a tracker on the pending petitions be presented on Thursday? I am aware that the Committee on Legal Affairs and Human Rights has cleared its deck on all petitions.

Order, Members. Obviously, that has nothing to do with this particular Petition because it has already been committed. However, for purposes of the way we deal with petitions, I will take the suggestion by Sen. Mutula Kilonzo Jnr., so that we have a record of the correct position. On that basis, we will interrogate, but suffice to say that we have already raised the same concern that has been raised by the Deputy Speaker with all the committees that have the business of petitions pending for far too long. I am also aware that there are more petitions than we had anticipated, and because of workload concerns, they have not been able to prosecute them.

It is true that the country looks up to you when they bring the petitions; they are looking for remedies. We should not delay them because justice delayed is justice denied. I appeal to the committees to take petitions seriously and device mechanisms to expedite them, like the Committee on Legal Affairs and Human Rights. I want to commend the Committee on Legal Affairs and Human Rights for that assurance and expediting all the petitions before them. That should apply to all the other committees, in particular, the Committee on Labour and Social Welfare.

Order, Members! I also have two other petitions.

Mr. Speaker, Sir, I may be late, but I want to makes some comments on the Petition by Sen. Wangari.

Order, Sen. Obure! I wish to confirm that it is not just ‘may be’; you are too late. This is not a forum for shopping for what to say. You must have the intention to do so.

Hon. Members, the Petition by Busia County Kengele Forum concerning abuse of office allegations against the Clerk of Busia County Assembly and the Members of the Busia County Service Board stands committed to the relevant Standing Committee, in this case, the Standing Committee on Labour and Social Welfare.

The Petition by former employees of Premier Oil Mills Limited stands committed to the same Committee on Labour and Social Welfare. In terms of Standing Order No.227 (2) , the Committee has not more than 60 days to report to the petitioners and to lay the report on the Table of the House.

Next Order!

Mr. Speaker, Sir, I was informed of the unfortunate situation where some pages of the statement are missing. I hope it was not an attempt to scuttle the issuance of that statement.

Order, Sen. Sang! That statement (a) will be issued tomorrow afternoon.

Mr. Speaker, Sir, I informed the Chair but I tried to look for the Majority Leader and I did not find him.

Order, Sen. Sang! Is your search and rescue mission not extending up to now? Your neighbour is confirmed to be the Senate Majority Leader.

Mr. Speaker, Sir, I kindly request for two minutes to inform the Majority Leader over the same.

Let us go to statement (c) as they consult although they have been here for the last three hours.Both the Chair and Sen. Khaniri are not there. We push it to tomorrow.

Mr. Speaker, Sir, I have been updated on the direction which the Chair had given yesterday on statement (b) . I undertake to inform the Chair of the Committee and in case he has any difficulties; I also undertake to support him so that we can issue the statement on Tuesday next week.

It is so ordered. Next order! What is it Sen. Cheruiyot?

Mr. Speaker, Sir,I want to seek a statement.

Proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 45 (2) to seek a statement from the Chairperson of the Standing Committee on National Security and Foreign Relations on the increased number of police check points along Mau Summit-Sotik road in Kericho County. In the statement, the Chairperson should address the following:-

Sen. Sang!

Mr. Speaker, Sir, this problem in Kericho County goes all the way to Nandi County, and I believe a number of the counties have the same problem. As a rider, could the Chairperson indicate all the gazetted check points with regard to Nandi County?

Chair! The Senate Majority Leader!

Mr. Speaker, Sir, we can issue the statement on Wednesday next week.

It is so ordered. Members, you will notice that Order Nos.8-22 are divisions. For Order No.20, there are still consultations going on the proposed amendments. Therefore, the Committee has requested it to be deferred. This matter must be concluded by Tuesday. This Bill must be disposed of on Tuesday. We cannot enter inconclusive discussions. The Orders I have read from No.8 to 19 will appear in tomorrow’s Order Paper.

arrests of innocent people by the police; FURTHER CONCERNED that a large number of those arrested are allegedly locked up in police cells without being recorded either in the Occurrence Book or elsewhere; DEEPLY CONCERNED that some of the arrested people disappear without a trace and that many who are subsequently traced are found dead away from where they were known to have been locked up; ALARMED by the recent incident where three young men were locked up for hours at Syokimau Police Post without any record indicating they had been at the police post, only for them to be found days later, in another area far from the police post, having been brutally killed; APPRECIATING that the Closed Circuit Television (CCTV) system installed by the Government in Nairobi has helped a lot in criminal investigations; NOW THEREFORE the Senate calls upon the National Government to-

Science andTechnology to conduct a countrywide audit on the distribution of teachers in allpublic schools indicating the requisite establishment per school and the corresponding number of teachers who are in-post and further that the Ministry submits a report to the House on the matter within ninety (90) days.

Mr. Speaker, Sir, I beg to move the following Motion:- THAT, the Senate do adopt the report of the Standing Committee On Roads and Transportation on a Stakeholders’ Forum held on 3rd February 2016 at Safari Park Hotel, Nairobi and laid on the table of the House on 14th April 2016. The report was as a result of the Committee performing its mandate. As per the Standing Order No.208 of the Senate, the Committee is mandated to consider all matters relating to transportation and roads, public works, construction and maintenance of roads, rails, buildings, air, seaports, housing and communication. It was due to this mandate given to us, as a Committee, that the Committee resolved on 9th July, 2015, to hold the said forum. This was after visiting various counties to oversee the work plans and everything that was being done by the various stakeholders dealing with our mandate. A general observation was that many stakeholders within the counties faced the same challenges and that is why we agreed to bring them together to avoid duplication of work and cut down on cost so that we forge the way forward.

At the forum, we observed that the national Government through the Cabinet Secretary for Transport and Infrastructure had spearheaded the classification of roads which resulted into various issues. There are various complaints that consultation was not done properly. The classification was not done in accordance with the Constitution thus it violated some of the provisions of the Constitution. The matter culminated to a suit at the High Court where the then Transition Authority (TA) was instructed to implement the findings of the High Court case so that they could deal with the road classifications properly and prepare a register which was to be handed over to the Ministry of Transport and Infrastructure.

a dispute on the delay at the National Assembly of the passing of The Kenya Roads Bill (National Assembly Bill No.26 of 2015)and the prolonged litigation and disruption of delivery of services. We also observed that there was failure by the Ministry of Transport and Infrastructure to honour agreements which were agreed through consensus by the Ministry and the Council of Governors (CoGs) regarding the roads functions. This is still a contentious issue. Even though The Kenya Roads Bill (National Assembly Bill No.26 of 2015)has been passed by the National Assembly and submitted to the Senate, we have still been engaging the various stakeholders, including the Council of Governors and other authorities like the Kenya National Highways Authority (KeNHA), Kenya Urban Roads Authority (KURRA) and the rest which according to the classifications, there is a dispute on which these authorities should be retailed and which should be done away with and who takes care of which road. We have seen the classification according to The Kenya Roads Bill (National Assembly Bill No.26 of 2015)has gone up to the national Government.

Thank you, Mr. Temporary Speaker, Sir. I second the Motion.

Mr. Temporary Speaker, Sir, thank you for giving me the opportunity to support the Report. The Committee has done a good job. This will draw a clear line between Members of Parliament (MPs) or the people in leadership who are entrusted with public funds to construct roads in this country. As it is now, it is confusing whereby you cannot understand who is to be held accountable for which road. When doing monitoring and evaluation in your oversight role as a Senator, you do not know who to hold accountable for a particular road.

It will also help in terms of decentralising County Roads Management Offices (CRMOs) to reduce the long distance that may affect people who want services. It will also enable legislation work in terms of roads management to be done in an efficient manner and promote further decentralisation of services as we implement the new Constitution.

Mr. Temporary Speaker, Sir, this will allow allocation of resources. It will also give the Senate power to allocate resources that will help to fund county governments to improve on road functions for the remaining or coming years. When we talk of giving access to persons with disabilities (PWDs), it is clear and the disability movement will know where to ask queries when it comes to giving access to PWDs. The manner I which roads are constructed in our counties and localities leave PWDs in a pathetic situation not knowing whom to complain to. This re-classification of roads will also improve on the type, quality and standards of roads within counties and reduce the push and buck within those entrusted with resources to give services.

It will also give us the standard of roads that is required within counties. With those remarks, I support.

Mr. Temporary Speaker, Sir, thank you for giving me this chance to contribute in support of the Motion on the infrastructural development, particularly in roads. My support is drawn from my vast experience in development, any kind of population expansion, urbanisation and industrialisation.

A road is a very important component of development. There is no way that we can do without roads and think of development. Roads are the inter-linking way of connecting either one town to another or a county to another. This can even be drawn in the parallel experience in the United States of America (USA) where you will find inter- state roads which connect one state to another. There are others called inter-continental roads which connect maybe USA and Canada. The roads are maintained by various governments responsible for them. In a state, you will find state roads. That is what should be happening here in Kenya, but it is not. Some roads are meant to be Class A roads like A1 from Namanga to Moyale and Addis Ababa, hence called the Great North Road. Others are in Category B and C. You realise that some areas have C roads which are more developed than B-roads in other counties.

Mr. Temporary Speaker, Sir, this Motion is trying to seek a way of upgrading roads. So, if it is an A road, all of them in Kenya must be tarmacked. If it is a B road, there is no way that we can tarmac C roads and leave B-roads. There must be a very good reason for that to happen. In Kenya, that is not happening. The Motion is very good because it will tell us which road will be tarmacked after the first one has been done. If it is A road to be done, B road will be done after that.

Feeder roads should also be classified on their own because they connect villages and they should be left to either county governments, MCAs or MPs. There must also be distinct classification so that we get to know which roads are supposed to be repaired and maintained by the area MPs, which ones are supposed to be done by the governor and the national Government in this case, the Senator. We should also make sure that the Senator has a role to play. Where anything reaches the national Government, let it be dedicated to the Senator because there is a Senator who looks and solicits for the funds of that county.

county. The governor will claim that the road is in his county or docket and any repair, even if it is one lorry of murram, will be dedicated to the governor. If it is a road passing through a constituency and is supposed to be maintained by the governor, the MP will also claim responsibility for that road. However, that is when it comes to payment of money, but not improvement. In the end, the roads are left without being improved. In fact, the MCA will claim that it is not his responsibility. The governor will say the same, but when it comes to national Government improvement of this the same road, everybody will claim responsibility and credit that they are in charge of those roads.

This classification is wonderful and people should be made to know that a certain road classification belongs to the MCA or the governor up to the national classification where the roads belong to the national Government, the Senator is supposed to be responsible.

Mr. Temporary Speaker, Sir, are we able to oversight what is in the counties? We cannot do so because we do not have the necessary funds. We cannot, therefore, even tell the people the difference between a path and a feeder road or a C road and an A road. Because of that we are losing a lot of money through embezzlement. The governor could claim to be in charge of a ‘C’ road, yet roads classified ‘C’ and above are national. A governor may also claim that he is responsible for maintaining a road that is supposed to be maintained by a ward representative. The effect will be cases of double payment or overpayment when it comes to the construction of some roads. To check on such incidents, roads should be cleared labelled, for example, “A Road, National – Senator is responsible.”

It is the mandate of the national Government to look for contractors, whenever there is road construction. However, we now have some crafty engineers who have registered companies. They go round and obtain tenders to construct roads in the counties. Since they have connections, they know the roads whose tenders will be floated. There is a vicious circle of corruption. The measures that have been raised in the Motion can minimise corruption on road improvement.

Mr. Temporary Speaker, Sir, there are specified areas that need good roads. For example, we have roads that lead to tea estates, which is a perishable commodity. The tea leaves needs to reach the factory within the shortest time possible. That can only happen if the roads are well done. Therefore, we should give priority to areas that grow tea, coffee and flowers. There are areas which do not have good roads yet they produce a lot of goods. The inter-territorial roads like the one linking Kenya and Ethiopia, Kenya and Tanzania should be maintained by the Government for other purposes apart from commercial purposes.

There are cases where a road is constructed and certified as completed, and after a month you will see potholes on it. The Ministry will not attend to that road until there is another construction works to be done. That is extravagance and misuse of funds. If there is a pothole, it should be filled within one season, like what happens in developed countries. During winter, it is a known fact that roads will be covered by ice. During the following season, all the cracks that will have developed are sealed. That will ensure perfect maintenance of the road. In this country you have to wait until the tender is awarded. The tendering process may take one year before it is approved. Before it is

starting, it will be three years.

Mr. Temporary Speaker, Sir, this procurement process, particularly with regard to roads, should be reviewed. We do not require all the procurement processes to repair a road. It should be done without further ado. There should be a fund reserved for repairs particularly during emergency times. Whenever a bridge is broken, we do not have to wait for one year for a procurement process to take effect. We should have ready money for repairs. We have cases where it takes up to a year to erect bumps. Is it difficult to reserve money for road repairs?

Marking of the road is another important aspect of the road construction. After the road is constructed, it is should be marked to show the edges of the road. When they are not marked and the road is black, the motorists will veer off the road and cause accidents. The issue of people vandalising road signs should also be addressed, so that motorists can be guided when they are approaching a curve or areas populated with animals.

Mr. Temporary Speaker, Sir, lastly, some developed countries have restricted construction of houses along the roads. There should be few houses constructed along the roads. There should also be points where the drivers can rest. That way, we will not have drivers who sleep while driving. Such drivers cause accidents because of driving for many hours without resting.

Kirinyaga County is enjoying good road construction works. I thank the Ministry for the tarmacking of Kianjege-Gatwe Road. The other road being tarmacked starts from Sagana all the way to Karatina. The other one is from Kutus all the way to Kianyaga, Kithure up to Embu. I thank the Government for that, and I hope that they will continue with the others.

I support.

Mr. Temporary Speaker, Sir, I would like to support the Motion for adoption of this Report of the Standing Committee on Roads and Transportation. As a Member of the Committee, I attended the workshop during the Road Stakeholders Forum which was held at The Safari Park Hotel on 3rd February, 2016.

The Forum was convened to address a very serious issue because as we know, for any country to develop, the infrastructure has to be in place. One of the infrastructures which have to be in place is the roads. In this case, we had to get the stakeholders together. These were the State departments concerned and the Council of Governors (CoG) which is the second level of government. The CoG has a stake in this because in the Fourth Schedule of the Constitution, the roads function is shared between the counties and the national Government and the Constitution defines roads in Kenya as national trunk roads and county roads. If I could remember, counties had agitated to have the roads function transferred to them.

We got 39 counties which asked that the roads function be transferred to them and the Senate instructed the Transition Authority (TA) to do the same. The TA had asked the Attorney-General to ensure that but since it was not done, the CoG ended up in court and the court instructed the same to be done. The TA has gazetted roads stating very clearly what county roads and national trunk roads are. The Gazette Notice states that Classes A,

roads.

There was also an issue of who does what. It was a case of county governments going to court because the Kenya National Highways Authority ( KeNHA) had put an advert concerning management of road reserves and it was very clear that some functions on any road--- Because they went to court and there is a court ruling to the effect that when it comes to street lighting, outdoor advertising and parking, even if it is a national trunk road within a county, it is the responsibility of the county government. So, it was very clear.

So, we got the stakeholders together to discuss how to move forward in the sector. One of the issues was the classification of roads because you will find that when the TA gazettes roads, a county government has issues because what is gazetted is a new classification. It was not what used to exist when the new Constitution was passed. That is an issue which we had to discuss and the Kenya Roads Board gave us a history of how that classification was done. It was a process which started way back in 2006. They were just giving us a new classification which I think is being introduced because by the time the Constitution was being passed, that classification was not in use. Right now, the new classification of roads is in place.

The issue of roads is contentious because in that forum, the stakeholders felt that The Kenya Roads Bill (National Assembly Bill No.26 of 2015)is being delayed unnecessarily and this could have sorted some of the issues. I do not want to pre-empt any debate because The Kenya Roads Bill (National Assembly Bill No.26 of 2015) is with the Committee and it is ready for tabling. That is why it was listed on today’s Order Paper.

Mr. Temporary Speaker, Sir, the roads sector is very important in this country and the players have to take it seriously. The national Government has to take into account that for Kenya to develop because we talk of the Vision 2030, this is one sector which has to be taken seriously because right now, more than 80 or 90 per cent of goods and persons are carried on our roads. One may wonder why a road like from Nairobi to Mombasa is still a single carriage 50 years down the line. We always have hold ups on that road. A vehicle will take eight hours from Nairobi to Mombasa, a distance of less than 500 kilometres. This country has never seen it as an urgent issue to widen that road to have a dual carriage so that we can move goods and persons from the Port of Mombasa which is not only used by Kenyans but also by our neighbours in the East African region. That is why our neighbours like Uganda and Rwanda who have been using the port are now moving to Tanzania. They are now opening up routes to use the Tanzanian ports because we did not open up the road.

We also have another road which leads us to our neighbour Uganda. We know that Uganda is our most important trading partner but look at the road to Uganda, it is a nightmare to move from here to Nakuru because 50 years down the line, we have not seen where our priorities are. That is the road from Mombasa-Nairobi-Nakuru-Eldoret to Uganda. If we are seriously targeting that market, we should have made it a dual carriage a long time but we have not done that. That shows we do not have our priories right.

We talk about the Standard Gauge Railway (SGR). We should have widen that road all the way from Mombasa to Malaba using less amount than the cost of doing the

way. We like experimenting things and that is why that road is still in that condition. Kenyans are still experiencing the kind of nightmares they used to experience. So, we need to have our priorities right at the national level.

Mr. Temporary Speaker, Sir, county governments also need to be serious. We have been having a lot of engagements from the CoG. The whole issue is that they want to exercise their function over all the roads minus those that are basically under the national Government. We need to develop and build roads. What is being seen here mostly is the money for maintenance. What Kenyans are being charged through fuel levy is what is seen by most Kenyans to be going directly to the roads; that is Kshs60 billion or so which is being handled by the Kenya Roads Board and that is what everybody is targeting.

That is why county governments want all Class C roads and below to be under their control and several authorities disbanded. At the end of the day, we will end up with the same issues we are in. They want to carry out functions yet they are not ready to be oversighted. We will end up with the same issues that we are in. Someone is given functions, but he or she is not ready to be oversighted. When audit reports come out, they rubbish them and blame the systems. We have to gradually develop our counties in terms of capacity, but also make sure that the monies allocated to the counties are used properly, especially this important sector.

Mr. Temporary Speaker, Sir, in the case of the national Government that gives the construction money, counties are expected to set aside money for construction of roads from the Kshs3 billion allocated to them. However, the national Government has a budget of about Kshs100 billion which is supposed to be used equitably to construct roads throughout the country. The re-classified of roads is futuristic. Roads and links that are missing are planned and classified accordingly. A non-existent road is given Class ‘A’ because of the function it is expected to perform. That is futuristic planning, but we expect them to develop the roads equitably across the country.

I will not miss to thank the national Government for opening up the northern part of the country. It has expended some substantial amount of money, not less than Kshs40 billion, to construct the road from Isiolo to Moyale, which now is fully constructed. Just last week, the last mile connectivity was launched. I would like to thank the national Government on behalf of the residents of Marsabit County and beyond because that road opens up a big market in Ethiopia to all Kenyans. In the same breath, I urge the national Government to develop similar links, for example, from Isiolo, Modogashe, Wajir, Mandera and Garissa-Liboi. These roads will provide for quick movement of goods and persons within the country. God willing, if a country like Somalia stabilizes, that road will be of international importance. It will link us to other ports, for example, in Mogadishu and Kismayu. We will be able to import goods from other countries through such ports.

I would also like the Government to implement some concepts like the Lamu Port Southern Sudan-Ethiopia Transport (LAPSSET) project which is an idea that has existed for some time. I do not know whether it will take off because countries like Ethiopia have already decided to construct their own rail system through Djibouti. Rwanda is constructing hers through Tanzania while South Sudan is not interested in doing any

take off. Therefore, we should implement the component of LAPSSET, which is of use to us. Oil is being produced in Turkana, but there is no infrastructure. It is not cost effective to give tenders to persons who own oil tankers to transport that fuel. We should have our pipelines in place so that we can have the part of the programme which targets the Kenyan economy.

Mr. Temporary Speaker, Sir, I would like to stop there and urge my colleagues to go through the report and adopt it, because we need to interrogate the sectors we oversight to make sure that we move in the right direction.

Thank you.

Thank you, Mr. Temporary Speaker, Sir. I have looked at the Report which the hon. Member has presented to this House and it is encouraging, and so are the last remarks by the Member of the Committee who has spoken before me.

Everyone is aware that we need roads in various places. The people who did projections did not envisage population growth. The roads that were tarmarcked by the Europeans who owned coffee estates are now dilapidated. At that time, the elites were settled at the central and traditional districts like Nyeri, Murang’a, Embu and Kiambu. All these areas are traditional districts which benefited a little. The black people could not enjoy good roads because most of them did not have cars. A good number of Kenyans are now educated. We should deal with the affairs and problems that we have based on international standards. There is comparative advantage for tourists and investors who visit our country. We need to construct good roads so that people can easily transport their produce to the market.

I found some ladies harvesting in their small shambas and they told me that they could not sell their produce because they cannot access the market. They also told me that middlemen buy their maize at Kshs2,100 per bag, which is less than the Kshs3000 per bag that they would get if they took it to the market. Our people are making losses yet they elected leaders to represent them in the National Assembly and the Senate.

Mr. Temporary Speaker, Sir, the things that are important to the people who elected us always take the back seat. It is so unfortunate and we should blame ourselves as Members of these powerful institutions because the people gave us the power to represent and defend them through these institutions. As a leader, you should help your people through good and bad situations. Therefore, the philosophy of road making did not just happen. It came about because of population growth. We need to construct good roads so that the local people are able to access the markets and sell their products.

In 2014 there was a problem between the county governments and the national Government on who should manage the construction of roads. In some areas, county governments pretend to have done some roads which were already done by the Kenya Roads Board (KRB) . The Committee on Roads and Transportation needs to investigate to make sure that county governments perform the roles that are set out for them.

County governments like Kakamega and Turkana which get about Kshs10 billion can afford to tarmac roads. However, counties like Laikipia, that get less than Kshs8 billion are not able to construct good roads. What kind of road can you tarmac with such a small amount? What kind of road can you open up other than following what you found? If you are following what you found, you assume this district remains stagnant

because everyone knows infrastructure development and the philosophy behind it is clear to all of us.

Even my own mother knows why she needs roads. She does not need to be explained that this road is good. She is the one who carries the biggest burden. Our level is when you get stuck with your car that is when you start talking English asking why those concerned do not do much. Were you elected to build those roads? You were elected to find out why you have been stuck and the road has not been done and you have been told there was no money. My road has become a political gimmick. When you go to a certain district, you tell them they will tarmac the road as from the next year. The road is not surveyed and not clear but you are told it will be done.

Mr. Temporary Speaker, Sir, I have been with Kenyans when they did not know it was politics. Now, they know you are talking about road making. They see right inside you that you are playing games with them. So, as we move on – I will not complain because that is why we are called developing countries - all countries developed the way we are developing. So, we should not blame ourselves. We are going through the main challenges that others went through. During our time, we have something to compare. We have produced things which cannot be consumed in Kenya but can be consumed out of the country. We have done so many things which should be an indicator that we are in the right direction.

Even if we are heading in the right direction, let us be fair to ourselves and make sure that our people will enjoy the roads which we have constructed. In 2014, everybody was asking who is going to do this and that. I told them that the Constitution is clear; feeder roads are for the county government but the roads which cut across the district, two or three county councils with the money we get here, we cannot make. So, they should not pretend that they are going to do anything concerning roads. Let them do the feeder roads and start new ones which will go direct to where people stay.

Mr. Temporary Speaker, Sir, we are now talking about security roads. It is not just roads between Isiolo and Moyale. Security roads should be considered critically because the small road you are talking about is the one that can help the ordinary person at home. It is the one which can assist ordinary farmers sell their produce where they want. It is the only way you can get a matatu coming to your place and pick a sick person to the hospital. All these roads are equally important. What should come first is what can promote your people to understand how the road between Nairobi and Kakamega works.

Mr. Temporary Speaker, Sir, I think the committee which produced this should make sure that our people do not get a raw deal in the construction of roads. When I talk about our people, I mean your mother and sister at home. Let your area become passable during the rainy and sunny seasons. For example, I have a road in a place called Kinamba which is only eight kilometers. The Government has sung about it for the last 10 years that they are going to make it. Until the person who is in charge of it will find something left in his pocket, that road will be made. But being too small that it will go for a Kshs1 million and you know Kenyans like to work for more than that, Kshs1 million is a peanut to a Kenyan especially those in high positions. They will want to make that small road with Kshs20 million.

Uganda and many other places. If we do not give them facilities, they will look for alternatives. They have looked for the alternatives already because of the cost oftransportation. Let us remain the way we used to be that we take care of our country and we shall be joined by others. Countries like Malaysia and Philippines used to get aid from Kenya in 1974. When Kenya realized how stealing and bribery works, everything disappeared. That is why we were left behind because the countries that I have mentioned have nobody that cannot be taken to court. They have done a lot of work. That is why you see situations have changed. We are now crying to them to give us technical advice.

Thank you, Mr. Temporary Speaker, Sir, I am much obliged.

Very well. May the Mover now reply since we have no other interest to contribute on this matter?

Mr. Temporary Speaker, Sir, I wish to thank my colleagues who have contributed and supported this Motion. We, as a Committee, appreciates that infrastructure is very important because it opens up many opportunities for our people. Definitely, an effective infrastructure will help us to improve our economic and social status. The Government is currently implementing devolution as it is anchored in the Constitution. Therefore, it is imperative that everything must be done and nothing should be left to chance. However, we have seen the duplication of roles that leads to wastage of resources in this country. For example, we have many authorities and bodies dealing with classification of the same roads. We saw it the first time we visited Makueni County. This happens also with the national Government. We have the Kenya National Highways Authority (KeNHA) , Kenya Urban Roads Authority (KURA) and Kenya Rural Roads Authority (KERRA) . These authorities duplicate their roles when dealing with roads in the counties and also at the national level.

Mr. Temporary Speaker, Sir, we had the famous Sang Bill which did not see the light of the day. Probably, this Bill would have dealt with those issues. These are the issues that we have to be clear with when dealing with stakeholders on the roads sector to ensure that there is harmonization in their duties. Therefore, we encourage having consensus other than having litigation as this wastes time.The stakeholders also proposed alternative dispute resolutions to assist them in handling some of these of petty issues that may arise.

The real bone of contention is devolving road services from the national Government to the county governments. We want more resources devolved at the county level so that county governments can do roads. We should not accuse them of failing to do their job of improving infrastructure in their counties. It is a pity that the national Government advises them to take one step at a time. Those are the things we are grappling with. We have held stakeholders’ meetings across the counties and we shall be reporting the progress in due course. We are moving in the right direction. Where we have failed to agree, we shall bring it to the Plenary so that more brains can help us.

With those few remarks, I beg to reply.

Hon. Senators, in accordance with Standing Orders No.72, I determine that this is a matter not affecting counties because it is a Committee report.

Mr. Temporary Speaker, Sir, I beg to move the following Motion:- THAT, the Senate notes the Report of the 133rd and 134th Assemblies of the Inter-parliamentary Union and Related Meetings held between 15th to 21st October 2015 in Geneva Switzerland and 17th to 23rd March 2016 in Lusaka, Zambia, respectively, laid on the table of the House on Wednesday, 8th June 2016. The Temporary Speaker, Sir, I would like to give the highlights of Inter-Parliamentary Union (IPU) , the world organization of Parliaments. It is a global forum for parliamentary dialogue, cooperation and action.The IPU advances democracy and assists Parliaments and parliamentarians throughout the world to fulfill their mandates. The IPU facilitates parliamentary debate, dialogue and cooperation and also promotes and defends democracy and the rule of the law while assisting parliaments in coping with an ever growing international agenda relevant to their duties. As a focal point for worldwide parliamentary since 1889, the IPU works towards peace, cooperation among peoples and for the solid establishment of representative institutions. Specifically, the IPU aims at-

Thank you, Mr. Temporary Speaker, Sir, for allowing me to second this comprehensive Report taken by our well educated Members led by the Speaker, Hon. Ethuro.

The volume speaks for itself. This is a document rich in ideas and what was discussed in Geneva and Lusaka. The reason why Geneva was picked as one of the venues for IPU meetings is the significance given to the town and the country. That tells us a lot about how Kenya should be respected. Geneva is in Switzerland. According to what is known internationally, Switzerland is a no conflict country. It is neutral. During the two world wars, Switzerland never participated in any war. That is the reason why you find most meetings and conventions are held in Geneva, Zurich and Baan because of its neutral nature.

Mr. Temporary Speaker, Sir, Parliament was represented by a powerful delegation led by the Speaker of the Senate. I have read the Report. It is pleasing to note that all those who attended the conference were elected to various positions. Some were elected to be executive members, members of the various committees and rapporteurs.

for us that once we get to those conventions, they are easily elected and respected from the global observers. I laud the team which represented us. I also thank those who drafted this Report. I also thank the participants for not letting us down. I congratulate those who were elected.

This Convention is one of the high profiled conventions in the world in the Inter- parliamentary Union. Various parliaments have to gather to a consortium to discuss about parliaments of the world and come up with a way forward. If a parliament likes ours and others can gather, I am sure what they will come up with an important document, hence its significance. We are talking of the global brains having gathered in Lusaka and Geneva under the umbrella of the IPU.

Mr. Temporary Speaker, Sir, this is an important document. Since it has been sung to us- I have read it partially- I have seen the kind of deliberations which these members discussed. These deliberations are global. They aim at improving and strengthening democracy. They discussed issues like terrorism. Unfortunately, while they were meeting in Geneva, there was terrorism in Brussels and Belgium. So, you realise that this is something that is trying to give a warning to terrorist groups. It is a meeting which is held to discuss the benefits of peace and what the world should be.

In the absence of this meeting, we find the world facing doom. More so, the IPU founded in 1880s and coming almost 100 years after the American War of Independence of 4th July, 1776 and the French Revolution of 1889, this tries to capture the problems that we have in the world. These are things that can ail any country because they caused those countries to go to war and eventually led to revolutions. So, this is a warning by international communities. We should keep off some of the bad things and maintain true democracy as spelt out clearly in this document. Therefore, I support this document and the people who attended the meeting on our behalf. It is important for us to find out what we can do as a country. We need to know what particular issues that we need to observe in this document so that we fit into the global perspective.

Mr. Temporary Speaker, Sir, I need to stress that if we were do what this document is asking us to do, we will revert to the position we were in 1974 as we were told by Sen. (Dr.) G. G. Kariuki, the Senator for Laikipia. He said that when he was a Minister, Kenya was giving out loans to Malaysia and Philippines, and that is true. However, due to many other factors which are condemned in this document, Kenya cannot be compared with Malaysia.

I have been to Malaysia, Philippines and Korea. Some of the countries that are said to have been very backward in South-East Asia now tell a different story from what we can tell. We are backward because of the problems that we face and create in this country. The problems are compounded to the extent that we cannot move. Our democracy does not allow us to be steady or do what we are supposed to do. It also does not allow us to be industrial because we are faced with problems that are spelt out here.

Terrorism is well documented in this document. They addressed the problem of terrorism and said that it is here to stay. In fact, we have many problems. Our hotel industry in the coast region and even in the whole Republic is in ruins because of increased acts of terrorism. We can solve the problems facing us as set in the global conventions in Geneva and Lusaka. This is what Kenya should aim at. I am, therefore,

most Kenyans. Let us embrace democracy and exercise what is important as spelt out in this Report, and I am sure we will see the results.

Mr. Temporary Speaker, Sir, Kenya is well-located. It is a rich country and it is in the spotlight of Africa. The strategic position of Kenya both in East and Central Africa can tell it all. That is the reason most people come to see what is it. We have been hosting quite a number of people. They have been coming and promising to help us but sometimes, our democratic rights fail us. You will find people opposing ideas which are pragmatic and saying that they cannot work. That is called retrogression. The country will not move ahead. Whereas we have the opportunity of being the leading African country, apart from South Africa and Northern part of Africa, we should be given time and space to grow.

Mr. Temporary Speaker, Sir, the Standard Gauge Railway (SGR) is a key example. If we can broadly hold on to it and own it, we will be able to transport goods with ease from the Kenyan coast to our neighbours like Uganda and Tanzania. This will increase our per capita income and the Gross Domestic Product (GDP). This Motion touches on the World Trade Organisations (WTO), inter-territorial trade cartels, various treaty organisations and how we can enter into treaty organisations with other neighbouring countries like the East Africa Community (EAC) which was first founded in 1967. Therefore, we will move on just like the developed countries. If we embrace the recommendations and resolutions that have been passed by the international conventions in Geneva and Lusaka, we will be a country to reckon with in Africa and in the world.

Mr. Temporary Speaker, Sir, countries like Bulgaria, Hungary, Spain and Portugal in Europe are also struggling. They cannot be compared to South Africa which is rated number 10 in the leading countries in the world. We can also become powerful if we go by the recommendations that have been made in this Report. These are great ideas that we should adopt. We should study and practice the recommendations that have been stated in the Report so that we can be more developed than the South East Asia ‘tigers’.

With those few remarks, I second.

Mr. Temporary Speaker, Sir, I support the Report of the Inter- Parliamentary Union (IPU) . As I support, I want to register my concerns that I have identified some gaps within the Report that should be taken seriously. I tried to lobby while I attended the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) for persons with disabilities in Geneva so as to know why persons with disabilities are not part and parcel of the IPU.

There is a letter that came from Inter-Parliamentary Union (IPU) to the Senate requesting information on how far the Kenyan Senate and other member countries have reached. The reason why I want to raise this - and want to be part of the issues that can be taken back - is that when you talk about the Sustainable Development Goals (SDGs) , initially Millennium Development Goals (MDGs) left out persons with disabilities leaving them in poverty. Now, SDGs mention persons with disabilities 11 times showing there is some seriousness in including persons with disabilities in SDGs.

ensuring the implementation on the convention on the rights of persons with disabilities in connection with SDGs, is put into consideration. If IPU is not going to include persons with disabilities, it shows that even if we are mentioned there, we are not going to achieve the issues to be dealt with. We have a committee on women and youth. Issues affecting women and youth are triple for persons with disabilities. I wish to request that we have a committee on disabilities.

The slogan goes, “nothing about us without us”. When they are discussing issues and persons with disabilities are affected both socio-economically and politically, we are not going to achieve anything. Nobody can speak on our behalf. You can see from the Report that nothing is coming out on behalf of persons with disabilities because we are never mentioned or represented. I want this to be given consideration because it matters a lot as far as the inclusion is concerned. Kenya is one state party that ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It is an international instrument that guides the involvement and inclusion of persons with disabilities.

Thank you, Mr. Temporary Speaker, Sir.

Very well. Sen. Sijeny!

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to comment on this Motion. I wish to commend the team that went to the IPU Conference. This is a good practice and we should encourage it. When we send people to represent us, to engage, to learn and share the experiences with other like-minded countries, it is good they come and disseminate the information to us because all of us cannot travel.

I am happy that the team that went took leadership positions. They were not there for joyride but they became active and participated properly. The forum found it fit to elect one of our own, Sen. Mutula Kilonzo Jnr., who is the Vice President in the Wiper Democratic Movement, where I am a Member. He was elected as a co-rapporteur. That shows that they have faith in him. He showed skilled leadership and expertise. This helps me because we have been fighting for gender parity which is now being championed by one of our own and a man of the opposite gender. This means when I bring the Gender Bill or anything about women reproductive healthcare, people should not think I come from a different atmosphere. I am talking about the international discourse. These are things that are done by other nations. This will ensure we are not left behind.

Mr. Temporary Speaker, Sir, I wish to commend the people who represented us at the IPU Conference. I have gone through the Report, and I support it. Thank you.

Since there are no more interests, I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I must say I am proud because you have been part of the delegation to Geneva and you know what happens there. When we get there, we have to work hard to represent our country so that we give our country a good image. About the question of disability; we shall take it on board when we go to the IPU Conference next time and it will be among the proposed items that Kenya will take to IPU. Each time we go for the Convention, you propose an emergency item that you think is very serious. For example, last time we had terrorism, cyber-crime and many

going to propose that and the next meeting, maybe, we shall have someone representing people with disability from Kenya.

Hon. Senators, in accordance with Standing Orders No.72, I determine that this is not a matter affecting counties.

Hon. Senators, there being no other business, the Senate now stands adjourned until Thursday, 24th November, 2016, at 2.30