November 23, 2022 SENATE DEBAT 1

Wednesday, 23rd November, 2022

Clerk, do we have quorum? Kindly ring the Quorum Bell for five minutes.

We still do not have quorum. I order the Quorum Bell to be rung for five more minutes.

Hon. Senators, let us be seated. We do have quorum. First Order.

Hon. Senators, I would like to acknowledge in the Speaker’s Gallery the presence of Mr. Vincent Kipyator, Principal Security Officer from Nairobi City County Assembly who is at the Senate for an attachment. You may stand to be acknowledged in the Senate tradition.

November 23, 2022 SENATE DEBAT 2

November 23, 2022 SENATE DEBAT 3

Thank you, Mr. Speaker, Sir. I thank Nyandarua County Assembly and the County Government for this Petition. It is ironical that NEMA is using the Environmental Impact Assessment (EIA) as an excuse not to allow the road to pass through.

Mr. Speaker, Sir, you and I are aware that houses have been built on the river riparian areas in this city. If that road was allowed to pass in other counties, it would not undermine the wildlife ecosystem in any way. This is unfortunate and the people of Nyandarua should not continue to suffer.

November 23, 2022 SENATE DEBAT 4

Proceed, Sen. Methu.

Mr. Speaker, Sir, I thank you for this opportunity. First and foremost, I laud the County Assembly of Nyandarua for the resolutions that they made. I have kept myself abreast with the happenings on the tendering process of the Ndunyu- Njeru-Ihithe Road and now its cancellation.

For those who may not understand how and why that road is very important to the people of Nyandarua and Nyeri, is that as it is now, to move from Kinangop Constituency to Ihithe, you have to travel for 72 Kilometers to Olkalou, 36 kilometers to Nyahururu, 26 Kilometers to Nyeri and lastly 24 Kilometers to Ihithe. The road as it was designed, from

November 23, 2022 SENATE DEBAT 5

Next Order.

Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of this Senate, today, 23rd November, 2022-

November 23, 2022 SENATE DEBAT 6 VARIOUS REPORTS FROM THE EAST AFRICAN LEGISLATIVE ASSEMBLY

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

What is your point of order, Sen. Methu?

Mr. Speaker, Sir, it is really not a point of order per se. I seek for your guidance because every time, Sen. Cheruiyot keeps reminding us that we are young and learning. I have been patient and learning but at this point, I would really seek for your guidance.

I have read the second and third schedule of the Constitution of Kenya on symbols on national unity. I have also observed that all public and government buildings must have a portrait of the President because the presidency is a symbol of national unity and to some extent to show that he is the man who is in charge.

I have been at the entrance of the National Assembly and I have seen the portraits of former Speakers and that of the most recent Speaker is just next to the door.

I have looked at our entrance, and unless I have a problem with my eyesight, I have not seen your portrait. So, I wonder whether someone thinks that you are not in charge. If there is a problem in procurement, I have a good person who can do that portrait so, that we can advance the bottom-up agenda.

November 23, 2022 SENATE DEBAT 7

Sen. Methu, I have been really struggling to understand your point of order.

That is a point of concern and the concerned parties have taken note. Next Order.

November 23, 2022 SENATE DEBAT 8

Is Senator for West Pokot County, Sen. Murgor, and Sen. Mwaruma in the House?

November 23, 2022 SENATE DEBAT 9 ESTABLISHMENT AND MANAGEMENT OF SPORTS TRAINING ACADEMIES IN THE COUNTIES

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Labor and Social Welfare on the establishment and management of sports training academies in counties.

In the Statement, the Committee should -

Hon. Senator, you know very well that you can neither explain your Statement or debate it. You read it as you submitted and approved by the Speaker.

Thank you. Sen. Sifuna, what did say you?

Mr. Speaker, Sir, I am just seeking your guidance. I do not know whether I should proceed? I want to add one word to this.

You can do so, Senator.

I am very happy that this particular Statement is being sought. I am personally very passionate about sports and sporting facilities especially here in the city where we have a lot of talents. So, I will be looking forward to this Statement.

It continues to break my heart that we do not take sports seriously. We even have an ongoing problem which I have spoken to on this Floor. There is absolutely no support for the national teams.

Just this morning, I was informed that the women rugby national team is supposed to be going for the Dubai Sevens. However, they are unable to even afford tickets.

There is no support from the Government and no word from the Cabinet Secretary (CS) for Sports, Culture and Heritage and yet we had the Sports Fund that was supposed to sort out some of these issues.

I would encourage this Committee to give this matter the seriousness it deserves. Once we know the status of all these academies; the sports funds and the facilities in the counties and especially in Nairobi, we can then take it from there.

I thank you, Mr. Speaker, Sir.

Sen. Cherarkey, proceed.

Mr Speaker, Sir, thank you for this opportunity. Firstly, I thank Sen. Kathuri for this Statement. Where I come from, Nandi County, is called the ‘Source of Champions’. About 99 per cent of the youth there depend on sports. If you kill sports, you kill the youth in my county. We had sports funds. At some point during the last regime, it was diverted to fund Petroleum Development Levy

November 23, 2022 SENATE DEBAT 10

Sen. Crystal Asige, you may proceed.

Mr. Speaker, Sir, thank you for allowing me to contribute to this Statement. Sports should be seen from the lenses of Persons Living with Disabilities (PLwD) as well. I wish to inform the House and Kenyans that people with disabilities are very talented in many ways including sports. Right now, the sports fund is not supporting PLWDs in different fields and disciplines in the sporting world in Kenya.

On the 3rd of December, the Kenya Sports Federation of the visually impaired will run trials in preparation for next year’s games in Birmingham which is a prerequisite for the Paris Olympics in Paralympics in 2024. Right now, we do not have any funding at

November 23, 2022 SENATE DEBAT 11

Sen. Lomenen, you may proceed.

Mr. Speaker, Sir, I support the Statement by the Deputy Speaker. I would like to inform the relevant Committee in charge of sports that in the county where I come from, warriors have excellent talents. We have persuaded them to go to church. They have reformed from killing people, raiding livestock and killing women on the highway. Instead of them running fast with cattle and camels, we urge the Government through the Ministry of Sports, Culture and Heritage to include these people in athletics. They will be swift runners in 100 metres. We will thus have many gold medals in this nation instead of them raiding other people’s livestock.

Moreover, it is also a concern that most of these marginalized people do not even know what is happening in the nation. They are not aware of sports opportunities. They also do not know people who should promote athletics and sports. They are only busy herding. It is a high time this House took time to educate these people on the right things to do. For example, in Turkana County, they can scheme and plan for sports either quarterly or annually to encourage these people to come and participate in sports and athletics. I am sure that we will have wonderful sportsmen and women while reducing the killing and rape incidents on highways.

Mr. Speaker, Sir, I urge and request the Committee on Labour and Social Welfare to consider the reformed warriors to be people who are supposed to assist this nation in athletics.

Moreover, I would also like to inform Sen. Cherarkey that there are youth in Turkana County that are very good athletes but their names have been changed from Turkana to Nandi names.

An example is Erupe. Instead of being called Erupe, he is called Cheruiyot. How do you indulge in such issues? It is not a point of order but rather a point of information to know that we must have specific talents in specific areas in the talents we are tapping. This is so that we do not commit a fallacy of generalization.

In Kenya, it is said that anybody who knows how to run comes from Nandi County or Elgeiyo Marakwet County. Not everybody who runs comes from Elgeiyo Marakwet County. They could also come from Garissa or Nyandarua counties.

November 23, 2022 SENATE DEBAT 12

Sen. (Dr.) Khalwale.

Mr. Speaker, Sir, just to echo what the Senator of Nairobi City County said. Sports is a major industry that offers very high paying jobs all over the world.

I request the Committee to take a holistic approach to this problem. For example, you need to speak to the Ministry of Education and see how the education system is going to be tweaked so that children have time for sports. At the moment, children have only time for studying and preparing for exams. If this is addressed, then the centres that were serving as football academies in this country will be revived. Examples are Musingu High School of the “scorpions”, Kakamega High School of the “Green Commandos”, Itierio Boys in Kisii County, Kisumu High School, Mombasa High School and finally, Upper Hill High School.

We need to address this. In the process of wanting to train for the usual professionals, we are losing out on professionals in sports.

It is important that we alert Sen. Cherarkey that human trafficking is punishable under our penal code. So, if it is true that you have trafficked young people from Turkana County to Nandi County and you are calling them---.

Sen. (Dr.) Khalwale.

Mr. Speaker Sir, I am sorry to address him. I started feeling as if I was addressing a criminal. He is not a criminal. He could easily hit me from the back that is why I was looking at him.

It is important that we free our children. Talent is got from the youth. We constructed a make shift stadium in Malinya. Thanks to that stadium, children are emerging from that little stadium to join football clubs here in Nairobi City County. It shows what could happen if we put facilities in our regions so that children can get access to these high paying jobs.

That Statement is referred to the relevant Committee for consideration.

Sen. Crystal Asige, please proceed.

Mr. Speaker Sir, I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Health regarding the Ministry of Health strategic plan 2018-2023, specifically regarding Persons with Disabilities (PWDs) .

In the Statement, the Committee should-

November 23, 2022 SENATE DEBAT 13

Sen. Cheruiyot, please proceed.

Mr. Speaker, Sir, I have a comment on this Statement by Sen. Crystal Asige. Sen. Crystal Asige continues to distinguish herself as an indefatigable defender of PWDs or differently gifted persons.

As her colleagues, we must continue to commend, support and join her as partners to see persons gifted differently enjoy their rights as enshrined in Article 54 (2) of our Constitution.

The Constitution expects us to enact legislation and to pursue continuously until such a time as when those persons will be at least five per cent of all elective and appointive bodies in the country.

I do not have the statistics right. I may need to check later. I believe that the population of PWDs as a percentage of the entire population is actually higher than that five per cent. Sen. Wamatinga says it is 11 per cent, therefore, even five per cent is just to demand half of what is their rightful share.

The Statement that she has brought this afternoon is something that I will follow with keen interest when the Committee on Health returns a report before this House.

Hospitals and their health care facilities are facilities that are used by all of us. We must continue to push and demand from the Executive, our county Governments, institutions such as Parliament and all public institutions that they continue to be PWD compliant in their trainings, facilities that are available and wholesomely as an institution.

This is, therefore, a very progressive Statement. We must commend and support her. Finally, at the end of last term before this House adjourned sine die, I had sponsored a Bill together with Former Senator (Dr.) Isaac Mwaura that was meant to help PWDs enjoy all their constitutional rights.

We had cleaned up the various legislations that exist in the country to ensure that we progressively walk towards achieving this constitutional target. Unfortunately, that Bill lapsed with the lapse of that House of Parliament.

I want to encourage Sen. Crystal Asige to get a copy of the particular Bill together with other legislations that we may be working on already. Many of us, myself included,

November 23, 2022 SENATE DEBAT 14

Sen. Osotsi, you have the Floor.

Thank you, Mr. Speaker, Sir. Allow me to say something on the Statement sought by the Deputy Speaker regarding the sports academies.

Sen. Osotsi, kindly yield and take you seat. Hon. Sen. Wamatinga, you may proceed.

Thank you, Mr. Speaker, Sir. I rise to support the Statement by Sen. Crystal Asige.

We should not only stop at ensuring that health facilities are accommodative of the People with Disabilities (PWDs) but we should go a step further and start having a candid conversation on mainstreaming PWDs into the main schools.

We know that PWDs are highly stereotyped in the society we live in today. This is because we do not know how to treat them right from the word go. Therefore, it will be important for us to have PWDs in the mainstream schools for our kids to learn how to deal with them. When people learn how handle and live with PWDs, it will help them to feel that they are not different from others.

I, therefore, support the Statement and as it has been said by the Senate Majority Leader, it is a walk that we, as a nation, must walk to ensure that even PWDs feel part and parcel of this nation as enshrined in our Constitution.

I thank you.

Sen. Madzayo, please, proceed. The Senate Minority Leader (Sen. Madzayo) : Ahsante, Bw. Spika. Kwanza, ninataka kupatia dada yetu, Sen. Crystal Asige, kongole kwa taarifa hii ya walemavu.

Walemavu wako katika aina mbalimbali. Utapata kuwa kuna walemavu wa macho ambao hawawezi kuona, kama dada yetu, Sen Crystal Asige, kuna walemavu hawawezi kutembea, wale ambao hawawezi kusikia na kadhalika.

Ni muhimu sana kuona ya kwamba tumeweka mikakati ya kutosha katika hospitali zetu ili walemavu waweze kuwa na njia ya kupitia. Nimekuwa katika hospitali yetu ya Kilifi na sijaona mikakati mzuri ndani ya hospitali ya kuwezesha walemavu kupita katika zile njia bila kupata taabu.

Ukienda upande wa ngazi, walemavu wanakuwa na shida wakiwa na magari ya kutembeza kwa mkono ilhali ni lazima wapate matibabu. Utapata ya kwamba wanaenda kumuona daktari wakiwa wamebebwa na watu ilhali walikuja na gari. Gari yao huwa inapandishwa ngazi ndiposa wapelekwe kwa daktari.

Kamati ambayo itashughulikia hili jambo lazima izingatie wale watu ambao ni walemavu. Kuna wale watu ambao wanatafsiri; kwa njia ya mikono na wale wanaotafsiri kwa kuongea. Hao pia wapewe nafasi.

Itakuwa vyema iwapo walemavu watashughulikiwa katika michezo pia. Stadium ambazo tuko nazo zinafaa zitengenezwe kwa njia ambayo inaangazia mahitaji ya watu walio na ulemavu.

Ahsante.

We will now move to the next Statement. Hon. Sen. (Dr.) Khalwale, please proceed.

Ahsante, Bw. Spika. Kwanza, ninataka kupatia dada yetu, Sen. Crystal Asige, kongole kwa taarifa hii ya walemavu. Walemavu wako katika aina mbalimbali. Utapata kuwa kuna walemavu wa macho ambao hawawezi kuona, kama dada yetu, Sen Crystal Asige, kuna walemavu hawawezi kutembea, wale ambao hawawezi kusikia na kadhalika. Ni muhimu sana kuona ya kwamba tumeweka mikakati ya kutosha katika hospitali zetu ili walemavu waweze kuwa na njia ya kupitia. Nimekuwa katika hospitali yetu ya Kilifi na sijaona mikakati mzuri ndani ya hospitali ya kuwezesha walemavu kupita katika zile njia bila kupata taabu. Ukienda upande wa ngazi, walemavu wanakuwa na shida wakiwa na magari ya kutembeza kwa mkono ilhali ni lazima wapate matibabu. Utapata ya kwamba wanaenda kumuona daktari wakiwa wamebebwa na watu ilhali walikuja na gari. Gari yao huwa inapandishwa ngazi ndiposa wapelekwe kwa daktari. Kamati ambayo itashughulikia hili jambo lazima izingatie wale watu ambao ni walemavu. Kuna wale watu ambao wanatafsiri; kwa njia ya mikono na wale wanaotafsiri kwa kuongea. Hao pia wapewe nafasi. Itakuwa vyema iwapo walemavu watashughulikiwa katika michezo pia. Stadium ambazo tuko nazo zinafaa zitengenezwe kwa njia ambayo inaangazia mahitaji ya watu walio na ulemavu. Ahsante.

We will now move to the next Statement. Hon. Sen. (Dr.) Khalwale, please proceed.

November 23, 2022 SENATE DEBAT 15 THE CONSTRUCTION STATUS OF HEALTH FACILITIES IN INFORMAL SETTLEMENTS IN NAIROBI CITY COUNTY

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 53 (1) to seek for a Statement from the Standing Committee on Health on the Construction Status of Health Facilities in informal settlements in Nairobi City County.

In the Statement, the Committee should -

November 23, 2022 SENATE DEBAT 16

Mr. Speaker, Sir, I would like to request for a Statement on the planned importation of 10 million bags of duty-free maize by the Ministry of Agriculture and Livestock Development.

Mr. Speaker Sir, I rise Pursuant to Standing Order 53 (1) , to seek a Statement from the Standing committee on Agriculture, Livestock and Fisheries on the planned importation of 10 million bags of duty-free maize by the Ministry of Agriculture and Livestock Development and also the Ministry of Trade.

In the statement the Committee should -

Mr. Speaker, Sir, I would like to request for a Statement on the planned importation of 10 million bags of duty-free maize by the Ministry of Agriculture and Livestock Development.

Mr. Speaker Sir, I rise Pursuant to Standing Order 53 (1) , to seek a Statement from the Standing committee on Agriculture, Livestock and Fisheries on the planned importation of 10 million bags of duty-free maize by the Ministry of Agriculture and Livestock Development and also the Ministry of Trade.

In the statement the Committee should -

Thank you Mr. Speaker, Sir, for giving me an opportunity to thank Sen. Cherarkey for the Statement on maize importation.

It is sad that we are back to the same problem that we were in three years ago when the current Speaker for the National Assembly and I had to investigate the very same issue of importation of maize when it was being harvested. Luckily, God has blessed us with productivity in the grain growing zones this time and there is bumper harvest in Trans Nzoia, Bungoma, Nandi, Uasin Gishu and the islands of Elgeyo Marakwet.

The harvesting is going on right now. We find a lot of lorries ferrying maize from Uasin Gishu to other places. You ask yourself, what really informed the decision to import maize now? Yes, maize may not be enough because most parts of the country were dry. We did not get as much as we would have gotten under normal circumstances in Meru and other places.

As I support this Statement, the Committee should also relook at the report that we developed after our investigations into the maize issue. What we realized was that

November 23, 2022 SENATE DEBAT 17

Thank you, Mr. Speaker, Sir, for the opportunity. I rise to support the Statement by Sen. Cherarkey on the issue of importation of maize.

I think the Cabinet Secretary for Trade Investment and Industry has been misled by cartels who have been in existence for a while in this country that farmers in maize producing counties are hoarding maize at the expense of Kenyans suffering from hunger. The farmers are not hoarding maize. In fact, we are in harvesting season. As the maize is being harvested, it is being sold to traders who are distributing across the country.

As we speak there are traders from Kitui, Isiolo, Marsabit and Samburu buying maize to take to the famine-stricken counties. The importation of maize that is sanctioned during the harvest season is meant to impoverish the farmers who have already suffered major losses. The Cabinet Secretary must be reminded that the situation we are facing, of low productivity, is as a result of bad politics in the agriculture sector.

As we may recall, the farmers in this country were not given any subsidized fertilizer to enable them produce food at an affordable cost. It cannot therefore be expected that the farmers are going to sell their produce at a lower price when the cost of production is very high.

It is unfortunate that some Statements from the Cabinet Secretary are likely to incite the farmers against other citizens of this country. That importation must be stopped or deferred until the maize in the country is mopped up. I do not understand the rationale of maize importation. I have checked the prices globally. Even the GMO maize will land in Mombasa at a cost of Kshs5200 for a 90kg bag of maize. If you add the logistical

November 23, 2022 SENATE DEBAT 18

November 23, 2022 SENATE DEBAT 19

Proceed,

Asante Bw. Spika. Nataka kumpa kongole ndugu yangu Sen. Chararkey, Seneta mchapa kazi wa Nandi.

Hon. Senators, you will notice that the Statement Hour is long spent. Therefore, for those Statements that we have not managed to call out, they stand deferred to tomorrow.

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November 23, 2022 SENATE DEBAT 21

November 23, 2022 SENATE DEBAT 21

Hon. Senators, we shall resume debate that was interrupted yesterday. Before the debate was interrupted, hon. Sen. Olekina, was making his contribution.

I do not see the Senator here. I guess he is in Juba. Therefore, any Senator wishing to contribute, kindly you may key in so that we proceed with debate.

Proceed, Sen. Osotsi.

Thank you, Mr. Speaker, Sir, for this opportunity to contribute to this debate on food security by my good friend, Sen. Gataya Mo Fire, the Senator of Tharaka Nithi.

Mr. Speaker, Sir, Sen. Cherarkey has just brought a Statement here regarding the issue of importation of food. As you are aware, importation of food is caused by scarcity of the product that we have in this country.

This Motion is very timely and the recommendations are also very timely in terms of having a well-coordinated strategic grain reserve across the country. This aspect of having a strategic grain reserve is a matter that the Government must give a lot of focus and emphasis.

This is because it appears that the policies and plan around having a strategic grain reserve have, over the years, not been adhered to. We expect that this Government will ensure that we have a well-coordinated and managed strategic grain reserve especially for stable food items like maize, beans and other kinds of foods that Kenyans eat, like rice.

He has also proposed that we need to develop livestock feeding programmes in arid and semi-arid areas. We have seen so many animals dying in those areas because of drought and farmers have had to bear huge loses because of the death of animals in Turkana, North Eastern and the Eastern part of the country.

Those are huge losses to the country which the Government could manage by providing foodstuffs to these livestock so that we have good quality livestock in this country.

Mr. Speaker, Sir, he has also proposed that the National Drought Management Authority should be doing quarterly reports. This authority is not doing its work very well. If they were doing their work very well, they would monitor drought situation in the country, advice the Government in time so that we do not run up and down during drought like in the moment. We should plan well in advance for our people.

November 23, 2022 SENATE DEBAT 22

November 23, 2022 SENATE DEBAT 23

Sen. Cherarkey, you may have the Floor.

Mr. Deputy Speaker, Sir, thank you for this opportunity. I do not know why my neighbor Sen. Osotsi is on fire. You need to direct the catering and facility services to investigate what Members are eating. This is because the Senator is on fire today which is unusual of him.

I rise to support this Motion. One of the people who suffer the most in this country is a farmer. We have left the farmers at the vagaries of demand and supply without protection mechanisms in place.

The reason the current president of Brazil - who defeated the Trump of South America- Jair Bolsonaro, has been reelected, is because, apart from doing affordable housing, he ensured that he protected farmers and they get value for their crop.

Kenya is an agro-economy country. Therefore, Lula da Silva, who paid a visit to this country a few years ago during President Kibaki administration has been re-elected simply because of standing with farmers and affordable housing. Therefore, we learnt a lot.

November 23, 2022 SENATE DEBAT 24

November 23, 2022 SENATE DEBAT 25

November 23, 2022 SENATE DEBAT 26

Thank you. Proceed, Sen. (Prof.) Tom Ojienda, SC.

Mr. Deputy Speaker, Sir, I also rise to support the Motion on Food Security. I will do it from a multifaceted point.

It is the duty of this generation, to ensure that for the sake of both intra- generational equity and inter-generational equity, we provide a basis that will ensure future generations in this country, are able not only to feed themselves but to have a foundation to feed themselves.

This afternoon, I rise to speak as both the Senator for Kisumu County and a farmer. I am a small-scale maize and sugarcane farmer. I feed various people. I think it is the diversity of agriculture that will feed this country. The North Rift and other regions of the Rift-Valley, have been described as the food basket of this country. That is why Sen. Cherarkey is passionate about maize farming.

Mr. Deputy Speaker, Sir, to achieve sustainable food security, we need to have a number of sectors working properly for the sake of this country. For maize growing to

November 23, 2022 SENATE DEBAT 27

November 23, 2022 SENATE DEBAT 28

Proceed, Sen. Sifuna.

Thank you, Mr. Deputy Speaker, Sir. First, it is public knowledge that my ancestral home is in Bungoma where for a very long time we were sugarcane farmers. It was quite interesting watching my brother Sen. Cherarkey speak because they say if you watch or cheer as a crocodile feeds on the children of your neighbor, when it is done with those children, it will come for your own children.

For a very long time, the cries of the people of western Kenya who are sugarcane farmers have been ignored. We have been saying that we need to curb the problem of importation of sugar because it is killing our industries. However, because we are gracious people, we are not laughing at the farmers in the North Rift about what has befallen them now. In fact, we are crying with them because as it happens, we also grow maize in western Kenya.

Perhaps, we could start with understanding what food security is. A cursory search in Google will tell you that food security means when all people at all times have physical and economic access to sufficient, safe and nutritious food that meets their dietary needs, food preference for an active and healthy life.

If I break down those requirements it is actually possible for you to have physical access to food but you do not the economic access to that food. If you have a bag of maize that is going for Kshs10,000; you are physically near the bag but you cannot afford to buy it then there is no food security.

The second limb, is that it has to be sufficient and most importantly safe. This is where this entire discussion about whether Genetically Modified Organisms (GMOs) is the panacea to food security in this country cropping up. I am happy to hear Sen. Cherarkey, say that the President, in some private meeting with him, has assured the country that there will be a discussion on the move to lift the ban on GMOs before they are imported. I am a bit concerned because in my understanding, and we spoke about this yesterday, the Constitution requires that this discussion must be had prior to the decision to lift the ban.

It does not make any sense. Our greater concern stems from the fact that we are already hearing - even as Sen. Cherarkey tells us there is going to be a discussion on this matter - there are already ships docking in Mombasa carrying products that we do not know whether they are GMO or not.

The last limb is that the food must meet their dietary needs and food preferences. For us from the mulembe nation, our preference is ugali which is maize. It is actually possible to lock a Luhya man like myself in a store full of cooked rice and njahi for instance, enough for a year but you will find me dead from starvation after three days because that is not my preference. I do not consider that to be food.

All these criteria must be met to ensure there is food security.

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Sen. Wakili Sigei, you may proceed.

Thank you, Mr Deputy Speaker, Sir, for granting me this opportunity to support the Motion moved by Sen. Gataya Mo Fire on food security in the country.

Food is national security, energy, economy, employment and everything. When Sen. Gataya Mo Fire brought this Motion, he took the House through the challenges that have led to the situation that we are experiencing. Although he made reference to the economic and social rights under Article 43 of the Constitution, food security in agricultural production for human beings and livestock is a matter of justice.

Last week, we had a debate with Sen. Wambua of Kitui County about the security of the people that had been compromised by the neighbouring counties in search of pastures for their camel. This is a very important Motion that the Government should consider.

I applaud Sen. Osotsi for urging Hon. Senators to ensure that as we conclude on such debates, we do not just urge the Government or relevant Ministries to take a certain action, we should make resolutions that are binding to relevant Government entities and institutions. Otherwise, it will just be a mere debate and a conversation on what we feel as a House.

November 23, 2022 SENATE DEBAT 32

Sen. Lemaltian, please proceed.

November 23, 2022 SENATE DEBAT 33

Mr. Deputy Speaker, Sir, I also rise to support this Motion on food security by Sen. Gataya Mo Fire of Tharaka Nithi County. We must call a spade a spade and not a big spoon. It is never the wrong time to do and say the right thing.

It is very disheartening to learn that the country and the administration of His Excellency William Ruto is importing maize while they should be focusing on giving jobs and creating employment for the many jobless youth and women in this country who are very capable of taking part in various and diverse agricultural activities.

Mr. Deputy Speaker, Sir, according to a survey done by the Roots to Food Security Advocacy Group, it Showed that about over 50 per cent of Kenyans are not interested in consumption of Genetically Modified Organisms (GMO) foods. As you know, from Article 43 of our Constitution, our citizens have the right to access secure and adequate food.

I believe that the GMOs are a threat to our food and national security unlike what we are being forced to believe. I believe our nation should shift focus from poverty eradication to wealth creation in the sense that we have a very fertile country in terms of soils and productivity. We have a huge number of unemployed women and youth who are willing to go into agriculture. Case study is what Israel, China and Singapore did in utilizing the human resource within their nations to advance the interest and securing the economic stability of their nations.

Mr. Deputy Speaker, Sir, the leaders of Kenya and Africa at large, must shun the habit of making our countries dumping site of rejected items oversees. For instance, the company that bought the Monsanto Company which manufactures the GMOs is a German company. However, the whole of Europe, apart from Spain has rejected GMOs. Why is the German company going to sell their product to other countries especially targeting Africa yet even Germany itself has banned the GMOs?

We cannot afford to put the fate of Kenya’s food security in the hands of these monopoly, self-enriching, multi-national cooperations. It is a very funny coincidence that recently, the billionaire, Mr. Bill Gates who has a very keen interest in such firms and multinationals recently visited Kenya. Suddenly, the debate on GMOs is rising and is the topic of discussion in the whole country.

I believe that the administration of the day can do what they have to do to get---

Sen. Lemaltian, your time is up. Do not look at the microphone to know whether you have time. Look at the light in front of you.

Alright. Thank you, Mr. Deputy Speaker, Sir. One minute please.

There is no indication that you are time banned. Unless you look at these lights at the Clerks’ Table.

Mr. Deputy Speaker, Sir, I am still learning the ropes; it is quite a dense forest.

We know that the GMOs pose a great risk to the bio-diversity of our environment. This is because, through cross pollination, we have super seeds. If there is pollination from GMO products to our natural organic products, it will be a threat to our natural eco system.

Mr. Deputy Speaker, Sir, Africa should not be used as a dummy to practice what is rejected within other countries. The super weeds are resistant to herbicides. What will

November 23, 2022 SENATE DEBAT 34

Sen. Tobiko, please proceed.

Mr. Deputy Speaker, Sir, I rise to support the Motion by Sen. Gataya Mo Fire. It is coming at the right time when the country is facing a very difficult situation of drought and climate change. It is coming at a time when everywhere in this country and maybe even around the globe, everybody is talking about food security and food scarcity.

I congratulate Sen Gataya Mo Fire for bringing a very timely Motion. This is about food production; food security and Agriculture holistically. It is not just crop farming but also livestock farming which at the moment is threatened. Right now, I believe we have lost around three quarters of our livestock.

This is the right time for Kenyans in this topic. It is not just the leadership, or the Senate, not the Executive but every Kenyan should be engaged on how to make Kenya food secure.

Currently, more that 4 billion Kenyans are facing starvation because of the drought. I agree with Sen. Gataya Mo Fire that our counties should be thinking very seriously and putting policies in place that will make our counties food secure and enhance food production.

The national Government should also be thinking about subsidising production and not consumption. We should be thinking about value addition on all livestock products and farm produce.

I know the Kenya Kwanza Government, before the General Election went around the country engaging all communities and all counties in economic forums. There was a fair participation by wananchi on what they wanted to see happening.

Today, what is being proposed by the Kenya Kwanza Government is what the wananchi have been engaged on. I remember the economic forum in Kajiado County

November 23, 2022 SENATE DEBAT 35

November 23, 2022 SENATE DEBAT 36

Hon. Senators, I can see we have three requests. We will start with Sen. Mumma.

Thank you, Mr. Deputy Speaker, Sir, for allowing me to contribute to this important Motion and congratulate Sen. Gataya Mo Fire for bringing up the issue.

Food security is the first line of defence for any country. It is the most important activity for any Commander-in-Chief. Hunger kills pretty much in a similar way as a person who invades the country with a bomb or guns. That is why countries that take the security of their citizens seriously ensure they invest adequately in food security.

I have listened to this debate, but it has been there before. If you review the HANSARD reports of both Houses, you will realise that we discuss famine, surplus maize from farmers not being bought and one man taking advantage of the drought situation to make themselves wealthy year in, year out. If you review our HANSARD reports, you will find that this debate happens every year in both Houses.

Even as I support the Motion, we need to introspect, as a House, and ask what we can do differently to resolve this issue. If you are speaking to a Government and complaining about corrupt ways of dealing with a disaster in a country, and you speak over it and the coming year you have the same debate and there is no change, it means we are doing the same thing over and over, knowing very well it is going to fail.

I am requesting that beyond what Sen. Gataya Mo Fire has asked, as a House that exists to defend and protect devolved governance, we need to know that the people of Kenya devolved agriculture, health and water services in order to take charge of matters affecting their livelihood. As a House, we must come up with resolutions that will help

November 23, 2022 SENATE DEBAT 37

November 23, 2022 SENATE DEBAT 38

Thank you so much, Senator, for your contribution.

Proceed, Sen. Veronica Maina.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. I rise to support this Motion brought to the Floor of this House by Sen. Gataya Mo Fire, on food security.

Food security carries a multi-dimension phenomenon that looks into certain aspects of factors that either contribute to support the food security or to bring about food insecurity. One of the underlying pillars that can bring stability to this issue is a food policy that is coherent and developed in a manner that is customized to meet the needs of every county in this country.

We need to ask ourselves very hard questions not just as Government, different actors or stakeholders but also as a Kenyan people. It is true that the Nation of Kenya does have arable land that produces substantial amount of food that can feed this Nation.

We remember with a lot of emotion the days when Nyandarua County produced excess milk and Kenyans watched this excess milk being poured because, for one reason or the other, that bounty harvest from their livestock could not be managed or harnessed in such a manner that it could be used one month later. This is when maybe the pastures were not as good as at the time when those cows were having bountiful production.

This issue has been discussed not just by this Parliament, but by previous Parliaments and one question we must ask ourselves is why it keeps recurring day in, day out, this season, that season following the weather pattern.

Indeed, this discussion goes as good as the weather patterns that we have in our nation. It either means we are managing the food security or the food insecurity or the weather pattern is the one that is in charge of managing our food pattern.

What is our trend from farming right up to production, storage, marketing and sales? How do we handle those sequence of events? I like the proposals that have been brought forth by Sen. Gataya Mo Fire.

In these propositions, we must be able, as a people, to now allow this function to be fully devolved; supported fully by the national Government, but devolved to the county governments. It should not stop at the level of the county, but cascaded down to the ward level, homesteads and households by engaging the citizens to be part of the solution in that food security.

Mr. Temporary Speaker, Sir, as I support this Motion, I would wish to note one big issue that we would spend hours here debating on this Motion. However, if we are not looking keenly at one of the factors that affect food security, being poverty or the amount

November 23, 2022 SENATE DEBAT 39

November 23, 2022 SENATE DEBAT 40

Thank you, Sen. Veronica Maina. We can now listen to Sen. Okiya Omtatah.

Mr. Temporary Speaker, Sir, I thank you for the opportunity to rise and support this Motion by my good friend, Sen. Gataya Mo Fire.

Food security is a matter of choice. You can either choose to be food secure or food insecure. The leadership of this country has chosen that this country should be food insecure.

Right from Independence, we took over a country that had been designed for food security from the colonialists. You realize that we had institutions like the Agricultural Development Corporation (ADC) and the research institutions for food. However, the political elite, including some who are still in power today, were instrumental in dismantling these institutions.

A lot of land for ADC and others that were dedicated to research in agriculture and livestock was stolen. We ended up going back to peasant farming. To rub the salt in, the International Monetary Fund (IMF) came up with the Structural Adjustments Programmes (SAPs) where it forced this country to stop employing agricultural extension and veterinary officers and basically, consigning our agriculture. Sen. Veronica Maina, who spoke before me, said that poverty is a key driver in the complexities that define our food security. Therefore, if people are poor and expected to hire a veterinary officer, and agricultural extension officer, they will not be able to deliver.

In supporting this Motion, I also urge that among the key things that should be done, a conscious effort by the Government must be taken to restore the agricultural extension and veterinary officers. This is so that those farmers who produce can be guided on the scientific ways of production.

After the cartels stole the lands, there is another area where they have dismantled this country. As recently as last year, we had a very successful Strategic Food Reserve Trust Board (SFRTB) led by the Hon. (Dr.) Noah Wekesa. It was able to stabilize the price of food and buy maize from farmers at a very good price, until it was targeted and dismantled. The money it was holding on disappeared and they were then forced to leave office. The cartels then came in and began playing games with us.

It would be prudent that within this Motion, we need to have some input about what happened with the SFRTB.

We also have the perennial sinkhole called the National Cereals and Produce Board (NCPB) . These are the organs that have undermined our capacity to be food secure.

A debate of introduction to GMOs has been crafted onto this Motion by various speakers and it has been done in a manner that was very emotional. I urge that matters Science be left to the scientists, and Kenya does not have a shortage of them. We should be led by scientists on the question of GMOs.

November 23, 2022 SENATE DEBAT 41

Thank you, Sen. Okiya Omtatah.

November 23, 2022 SENATE DEBAT 42

Thank you, Mr. Temporary Speaker, Sir. I rise to support the Mover of this Motion, the good Senator for Tharaka Nithi, Gataya Mo Fire.

The issue of food security is a very pressing issue currently. The drought we are witnessing has not just affected the Arid and Semi-Arid Lands (ASAL) areas. In areas like Kisii and Nyamira where I come from, the rivers that initially had water are drying up. Women no longer go to the rivers because there is nothing to carry back home. That is how sad it is.

Women have to regulate their modes of eating, so that they can leave some food to their children. Young people no longer have anything to support themselves with. Looking at this issue, it tells you that women and young people are the most hit. Looking at the United Nations (UN) projections, young people in Kenya will be the largest populations in the coming 10 years, and this is something that should worry us as representatives of ordinary people in this House.

Mr. Temporary Speaker, Sir, secondly, issues of drought and climate change go together. I, therefore, support the Head of State’s call of action of tree planting. Apart from legislating, the House should take the initiative to educate the population on the importance of planting trees. I do not know whether I will be jumping ahead of what is to be brought to this House because I saw a Motion that is yet to be introduced by Sen. M. Kajwang’ on incorporating climate change education in the school curriculum.

In reference to that upcoming Motion, I would want to mention that in India, school children are brought up planting trees in school and when they go home, they go with seedlings. This is a culture they have been brought up with. People grow up knowing that it is their responsibility to plant trees and in doing so, you protect the environment, people can breathe clean air, remain healthy and illnesses that relate to climate change issues can be alienated.

Mr. Temporary Speaker, Sir, thirdly, food security needs to be addressed. The droughts that we are witnessing have even affected our good friends from the Rift Valley - our athletes - due to heat related illnesses. They end up performing poorly and that means that they cannot make a living out of running. The country is losing on that end.

We are yet to achieve Sustainable Development Goal No.2 of addressing hunger and making people food secure. This House needs to support initiatives by this Government to fight the issue of drought and support people to become food secure.

Lastly, Mr. Temporary Speaker, Sir, I see a lot of emphasis being put on drought mitigation measures to ASAL counties.

I think it should not just be Arid and Semi-Arid Lands (ASAL) counties. As I had mentioned, areas such as Kisii and Nyamira are witnessing drought.

Farmers who were growing and producing about 15,000 kilogrammes of coffee beans are now producing only 3,000 kilogrammes. It means that they are producing same amounts at the current cost of inputs.

I look forward to the Kenya Kwanza plan that we largely campaigned on before elections. It was to subsidize the cost of production, so that women, especially those in rural areas and young people, are able to support themselves.

Finally, this is a good conversation. Apart from just talking about it, we need to legislate, especially in the different counties. For my case, in Kisii, we need to protect

November 23, 2022 SENATE DEBAT 43

Thank you, Sen. Okenyuri. Proceed, Sen. Seki.

Thank you, Mr. Temporary Speaker, Sir. I rise to support this Motion by Sen. Gataya Mo Fire. Food security has affected this country, quite a lot. I rise to support by introducing a few issues, that if we look at carefully as the Senate, then we will secure this country. If we are not able to feed ourselves, then we cannot have a country.

If these issues are taken care of and observed carefully, then we will be able to have a country that can feed its people and the citizens will be happy. We will be comfortable being in this country. Most importantly, we now have new county governments. There are new governors and administrations coming in. Most of the things happening in Kenya and counties in particular, is planning and preparation of County Integrated Development Plans (CIDP) .

That will make them understand what they are required to do in the next five years. It will give them an opportunity to plan themselves, prepare budgets and introduce their wants.

Governments should introduce Motions such as this one, that will ensure food security.

It is very important. It is the right time for the Motion to be introduced, and for us, as a country and as county governments, to introduce a way of feeding our own people. We know that the drought has really affected so many counties this time around particularly the Arid and Semi-Arid Lands (ASALs) .

These counties should learn from the situation that has affected our people. It is important for us to introduce more mechanisms and strategic plans, so as to put some good plans by the end of this Financial Year. If we do that, we will mitigate the issue of food security in the next three or four years.

I know that we have so many issues that are affecting food security. For example, the pollution of environment and subdivision of land in counties like Kajiado where I come from. People are subdividing land leaving no place to cultivate or farm. These are the issues that county governments need to look into, so as to see how they can protect the farmers from the onset.

We support this brilliant idea from Mhe. Gataya Mo Fire. Going forward, we hope to see an improvement on this Motion.

November 23, 2022 SENATE DEBAT 44

Thank you, Sen. Seki, for your contribution.

Senators, there are no more Members who are seeking to give further support for the Motion. I now call upon the Mover, Sen. Gataya Mo Fire, to reply.

Thank you, Mr. Temporary Speaker, Sir. I am extremely happy because of the rich contributions that have emanated from my fellow Senators. I am too passionate about food security in Kenya, having come from a humble background. I remember, at the age of 10, I was the one looking for food to feed my parents and myself. That is something that has lived with me for long and I find it very painful when I see people dying across the country.

It is 60 years down the line and this country has suffered for lack of proper policies. We have seen people die and children drop out of school because of lack of food. We have seen animals die and people trek long distances in search of water and food. It is high time this country gets serious. We cannot be talking the same language of food security 60 years down the line.

We have had droughts year in, year out. The first drought that I remember happened when I was eight years old; the 1976 drought. People suffered and died en masse. There was no mitigation. The other was the 1994 drought where people really suffered across board, especially the ASALs. There is a misconception on some of us who come from Mt. Kenya Region. It is important to note that some parts of Mt. Kenya, especially where I come from, are ASAL areas and we are subjected to a lot of problems.

We have seen these things and it is high time that the Government puts in place some strong policies like the ones I have highlighted.

Therefore, we need serious coordination between the national Government and county governments to get more funding, especially for Arid and Semi-Arid Land (ASAL) areas.

Recently, we have seen livestock die across the country. In Maasai land, you would even buy a cow at Kshs1,000, while in Mandera and Wajir, there is one livestock farmer who confessed that he was selling his goat at Kshs100.

Mr Temporary Speaker Sir, what we lack in this country are serious programs and policies. I have heard some confessions that some people have nowhere to take their maize, whereas others are dying of hunger in the same country. We have people who have a lot of potatoes like in Nyandarua where Sen. Methu comes from, while people are dying of hunger in the neighbouring County of Laikipia.

Therefore, I think that we need to harmonize some of these policies, so that we can have a united country where we have serious strategies, policies and discipline on what we do as a Senate. It would be a waste of time to come here and talk, yet these issues are not implemented.

Mr Temporary Speaker Sir, I want to sincerely thank my fellow Senators for giving this Motion the very best attention and consideration because the contributions that have been made in this House have greatly enriched this Motion. Along the way, we are going to develop a Bill to compel the Government to put in place policies and strategies to address these underlying problems that we have had for quite some time.

November 23, 2022 SENATE DEBAT 45

Thank you, Sen. Gataya Mo Fire. Hon. Senators, pursuant to Standing Order No.84 (2) , I make a determination that this matter, subject to this Motion, does not affect counties. I, therefore, put the question.

Next Order.

November 23, 2022 SENATE DEBAT 46

Mr. Temporary Speaker, Sir, thank you for this opportunity. I beg to move the following Motion-

THAT, AWARE THAT foreign workers from developing countries make up a large majority of the Gulf's labour, a trend driven in Kenya by the high rate of youth unemployment which stands at 34.21 per cent, forcing young Kenyans to continue to go beyond our borders in pursuit of lucrative employment opportunities; FURTHER AWARE THAT the Kafala or sponsorship system found in the Gulf Cooperation Council (GCC) countries such as Kuwait, Oman, Qatar, Saudi Arabia, the United Arab Emirates, Jordan and Lebanon, defines the relationship between foreign workers and their local sponsor, under which the state gives local individuals or companies, sponsorship permits to employ foreign labourers, covers travel expenses and provides housing, in the case of domestic workers in the sponsor’s home; APPRECIATING THAT the Kenyan recruitment process of domestic workers for Saudi Arabia involves a number of stakeholders, including the Saudi employers, the Saudi Arabia Employment Agencies, Ministry of Labour (Labour Department) , National Employment Authority (NEA) , National Industrial Training Authority (NITA) , prospective domestic workers, Kenya Private Employment Agencies (KPEA) , Saudi Arabian Embassy and the Immigration Department;

November 23, 2022 SENATE DEBAT 48

November 23, 2022 SENATE DEBAT 47

November 23, 2022 SENATE DEBAT 48

November 23, 2022 SENATE DEBAT 49

Proceed, Sen. Joe Methu.

Thank you, Mr. Temporary Speaker, Sir. I rise to second the Motion by the distinguished Sen. Veronica Maina, the Secretary General of the ruling party, on the plight of the Kenyan domestic workers in the Middle East.

November 23, 2022 SENATE DEBAT 50

November 23, 2022 SENATE DEBAT 51

Hon. Members, we shall resume debate on this Motion tomorrow. It is now 6.30. p.m., time to adjourn the House. The Senate, therefore, stands adjourned to tomorrow, Thursday, 24th November, 2022 at 2.30.

Hon. Members, we shall resume debate on this Motion tomorrow. It is now 6.30. p.m., time to adjourn the House. The Senate, therefore, stands adjourned to tomorrow, Thursday, 24th November, 2022 at 2.30.