March 26, 2014 SENATE DEBATES Wednesday, 26th March, 2014

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

THAT, pursuant to Standing Order No.28, the Senate approves its Calendar (Regular Sessions) for the Second Session.

Order, Senate Majority Leader. There is something else you need to do.

Mr. Speaker, Sir, I hereby table before this House the Senate Calendar, Regular Session of the Senate, from February to December, 2014.

March 26, 2014 SENATE DEBATES RAID BY POLICE OFFICERS AT MASJID MUSA MOSQUE

Mr. Speaker, Sir, I have two statements to issue. The first statement regards supplementary information concerning the police raid on Masjid Musa Mosque in Mombasa County. This is as a result of supplementary issues that were raised and which I deferred last week.

Mr. Speaker, Sir, during the Senate debate on the statement regarding the police raid on Masjid Musa Mosque in Mombasa County on 20th March, 2014, the Speaker directed that I provide supplementary information on whether the Government is aware of a series of killings of Muslim and Christian clerics at the Coast and what is being done to address the issue.

Mr. Speaker, Sir, there have been a number of incidences where both Muslim and Christian clerics have been killed. Each and every case is under investigations on its own merit. Once completed, appropriate action will be taken against whoever is found culpable of such killings. Meanwhile, the Government is employing the following measures that are aimed at addressing extremism and radicalization in the country at large:-

organizations to develop initiatives to counter violent extremism in Kenya. Already, for example, there is a joint initiative by NCTC and the Danish Government in training prison and probation officers on early detection, reporting and handling indicators of violent extremism.

On point of clarification, Mr. Speaker, Sir. I want to seek clarification because in the initial statement, I asked whether the Government was aware of the systematic human rights abuses at the Coast and other areas that are predominantly Muslim. My clarification arises from the fact that in 2007, closer to the elections, the then President Mwai Kibaki constituted a committee calling it the Committee on the Special Concerns of the Muslim Community in Kenya under the chairmanship of Eng. Sharawe. The secretary is the now Cabinet Secretary for Foreign Affairs. My clarification is, whether the Government intends to make this report public or it has started to implement the recommendations of what is better known as the Sharawe Report.

Sen. (Dr.) Khalwale.

Mr. Speaker, Sir, I would like the Senate Majority Leader to clarify what heightened security measures the Government intends to give to churches especially in the terrorist prone areas over and above the request by some members of the clergy that they be given arms.

Mr. Speaker, Sir, in the Government’s raid on the mosque, some members of the public could not be accounted for after arrests were done. Can you

whether they are alive or not?

Senate Majority Leader, you may respond.

Mr. Speaker, Sir, regarding the first issue, yes, it is true the Government is in possession of the report that was handed over by a committee. That report was handed over to the President in the last months of the last administration. The operationalization of that report is taking place in accordance with Cap.102, which is the Commission of Inquires Act, and in accordance to the dictates of the new Constitution with regard to public inquiries.

On the second issue, it is true churches, mosques and other places of worship are increasingly facing dire security constraints and threats. Normally, the policy of Government in matters of security is that of providing armed security to institutions and persons; and it is normally assessed based on the needs that that person or institution is facing. So, I think it is expected, therefore, in light of what has happened in the last few weeks that churches, mosques and other places of worship will formally request the Inspector-General of Police to provide security in every institution of worship to avoid the kinds of things that we have seen in our country in the past few months and weeks, especially the latest incident. That will be a genuine and quite appropriate request. But it has to be done formally not in burial meetings and other public places because there will be no avenue for follow up. It is hoped that those institutions will formally request for that security.

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

Of course, Sen. Omar, the Speaker does not require information.

Mr. Speaker, Sir, the information is directed to Sen. (Prof.) Kindiki.

The information is accepted.

If Sen. (Prof.) Kindiki needs it; you can provide it to him.

Mr. Speaker, Sir, I want to commend Sen. (Prof.) Kindiki because of the information he has given. I want to share that some of these radical elements have even attacked mosques. In fact, none other than an hon. Member of the National Assembly, Hon. Hassan, the Member for Kamkunji was on a wheel chair for long because of a grenade attack in a mosque in Eastleigh. Equally, Muslim clerics have been subjected to the same treatment, including recently on 13th March, 2014, Sheikh Bakero was attacked by the same youngsters. I like the fact that the Senate Majority Leader generalized about places of worship because the threat is uniform.

Mr. Speaker, Sir, I thank Sen. Hassan for that information.

week, I said that the position of the Ministry of Interior and Coordination of National Government is that it is true that a number of people escaped from lawful custody in between the time of arrest and the time they were booked in the police station. The whereabouts of those people are not known. The most constitutional and lawful thing to do so that we get at the bottom of this matter as raised by the Senator for Migori County, Sen. (Dr.) Machage, is for members of the public who cannot trace their loved ones, their relatives, friends, sons and daughters, to make a formal report. This is the only way we can be able to know how many people are still outstanding, so that we can account for every person who might have been involved during this raid.

Senators, this was supplementary information, the substantive one was dealt with last week.

The Senate Minority Leader (Sen. Wetangula) : Yes, we are aware, Mr. Speaker, Sir.

So you have more supplementary questions to the supplementary?

Yes, we are aware, Mr. Speaker, Sir.

So you have more supplementary questions to the supplementary?

It is a clarification.

Order, Sen. Hassan Omar. I think you have had your fair share. Let me give this chance to Sen. Mutula Kilonzo Jnr. and finally to the Senate Minority Leader.

Mr. Speaker, Sir, the point of clarification that I need to seek is this: The recent reports on Mombasa and the coastal area are generally very disturbing particularly on the issue of attacks in places of worship. Recently, we had persons who were arrested carrying bombs and other items that would otherwise harm the public. It is also in the public domain that in the raid of the mosque, over 200 people were arrested and they are facing court charges. Similarly, the people who were arrested with explosive materials are also facing charges. These incidences are obviously causing anxiety to the people of Mombasa County, this include the investors and people who look up to this country for security. What measures is the Government taking to ensure that these people are tried as soon as possible? Does the Government intend to set up special courts for prosecuting people like these ones, so that justice can be dispensed and so that the people in this country and investors can have confidence that we have a justice system that is working as quickly as possible so that we can have security in Mombasa? The Senate Minority Leader (

On a point of order, Mr. Speaker, Sir. We have to be told exactly the English words that Sen. Wetangula has used. Did you hear him talk about “dogs barking to a new moon?” That is not a metaphor; it is a direct insult to the Government.

The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, the distinguished Senator for Kirinyaga County has repeatedly boasted on the Floor of this House that he was a teacher.

Government, every time we have a security challenge, they come up behaving like dogs barking at a new moon and shouting at the top of their voices that they will leave no stone unturned until they get the criminal. The stones remain exactly where they are. Could the Professor assure this House what concrete---

On a point of order, Mr. Speaker, Sir. We have to be told exactly the English words that Sen. Wetangula has used. Did you hear him talk about “dogs barking to a new moon?” That is not a metaphor; it is a direct insult to the Government. The Senate Minority Leader (

the Senate of the Republic of Kenya.

Mr. Speaker, Sir, on the second issue on the Sharawe report, my understanding of the Constitution is that when reports by commissions of inquiry under Cap.102 are presented to the President, they are supposed to be made public at the time of presentation. There have been so many reports which have been presented in the past even after the entry of the Constitution but which were not made public, which in my view is unconstitutional. Likewise I want to make an undertaking before this Senate that immediately, we will communicate to all the Government departments involved to ensure, not only the Sharawe report, but also any other reports of inquiry which may have been submitted to Government after the new Constitution which demands their publication, that the Government complies with the rule of law and with the Constitution of our country.

Finally, Mr. Speaker, Sir, concerning the grave issue of insecurity and the mindless violence that we have witnessed in the past few weeks in our country, I would like to say the following; everybody is affected by this issue. It is in that context that one of the things that the President of our nation has decided to highlight in his address to the Joint Sitting of the two Houses of Parliament tomorrow is the state of security in our country. I am sure that, perhaps after his address, this House will have three days to see whether, perhaps, that will be an opportunity to respond to the things that have been highlighted by Sen. Wetangula. He will be addressing the issue of insecurity in one bulletin.

Mr. Speaker, Sir, I thank Sen. Ong’era for her concern and point of order. I am glad she has used the correct title. Unlike her colleague, Sen. Wetangula, who has problems addressing the Senate Majority Leader by the title of his office, he keeps on saying: “The Professor” yet there are many professors in this House.

the Senate of the Republic of Kenya.

Mr. Speaker, Sir, on the second issue on the Sharawe report, my understanding of the Constitution is that when reports by commissions of inquiry under Cap.102 are presented to the President, they are supposed to be made public at the time of presentation. There have been so many reports which have been presented in the past even after the entry of the Constitution but which were not made public, which in my view is unconstitutional. Likewise I want to make an undertaking before this Senate that immediately, we will communicate to all the Government departments involved to ensure, not only the Sharawe report, but also any other reports of inquiry which may have been submitted to Government after the new Constitution which demands their publication, that the Government complies with the rule of law and with the Constitution of our country.

Finally, Mr. Speaker, Sir, concerning the grave issue of insecurity and the mindless violence that we have witnessed in the past few weeks in our country, I would like to say the following; everybody is affected by this issue. It is in that context that one of the things that the President of our nation has decided to highlight in his address to the Joint Sitting of the two Houses of Parliament tomorrow is the state of security in our country. I am sure that, perhaps after his address, this House will have three days to see whether, perhaps, that will be an opportunity to respond to the things that have been highlighted by Sen. Wetangula. He will be addressing the issue of insecurity in one bulletin.

On a point of order, Mr. Speaker, Sir. Did you hear the Senate Majority Leader trying to preempt what the President will be telling the nation? Has he become the President’s speech writer?

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

Sen. On’gera. Is he in order?

Mr. Speaker, Sir, the Senate Minority Leader has heard.

Regarding what I have said, in the communication by the Speaker to this House that was issued last week----

What is it, Sen. Khaniri?

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

On the same or different matter?

On the same.

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

On the same or different matter?

On the same.

I am afraid, we have spent a lot of time on this matter. We need to proceed to the next matter.

Okay, let me allow you very briefly and in a professorial manner too, I suppose.

Thank you very much for allowing me to raise this issue and address the Majority Leader. Yesterday, on television, I do not know which channel, I listened to a senior police officer addressing the issue of insecurity at the coast. He said that if anybody sees one of the criminals, he should shoot on the spot. I think this is going to increase lawlessness in this country.

An hon. Senator: It was the county commissioner!

I am informed that it was the county commissioner.

Could the Majority Leader inform this House what measures the Government is taking to make sure that communication from the Government, particularly from senior persons, is done in such a way that it adds value to improving security in this country rather than improving the tendency towards lawlessness?

Mr. Speaker, Sir, with regard to the request for clarification from Sen. (Prof.) Anyang’-Nyong’o, first and foremost, according to him, this was in the media and we cannot rely on media reports but that notwithstanding, under the new Constitution, the police and law enforcement agencies or security forces are bound to operate within the four corners of the Constitution. The Senate Minority Leader (

Mr. Speaker, Sir, shooting suspects without due process is illegal, unconstitutional and unlawful.

Mr. Speaker, Sir, I had a second statement, which is a statement on the business of next week. It is very brief and with your permission, may I proceed.

Proceed.

Hon. Senators, pursuant to Standing Order No.45, I wish to present the business for the Senate for next week.

Next week on Tuesday, the Rules and Business Committee will meet at 12.00

Sen. Adan.

Mr. Speaker, Sir, I wanted to respond to a Statement that was requested by Sen. Murungi.

On 17th March, 2014, Sen. Murungi requested for a Statement regarding the delay in issuance of birth certificates in Meru County. The Senator sought to be informed on the following:-

Mr. Speaker, Sir, I want to thank my neighbour Sen. Adan for this almost good answer. A birth certificate is a constitutional right of every Kenya. It is a constitutional right of every Kenyan to be given a name and to be registered at birth. Many people in my county are being denied their constitutional right through neglect and inefficiency by this Government. Seven thousand certificates for nine constituencies is

Mr. Speaker, Sir, shooting suspects without due process is illegal, unconstitutional and unlawful.

Mr. Speaker, Sir, I had a second statement, which is a statement on the business of next week. It is very brief and with your permission, may I proceed.

and make sure that children are given certificate as they are being born.

The question I want to ask is; a birth certificate is just like a marriage certificate, even the quality of paper is the same. A marriage certificate is given by a pastor. Immediately you get married, you are called with your witnesses and given a certificate on the spot. Is it possible for this Government to delegate the same powers to Medical Officer of Health (MoH) in every hospital where children are being born so that immediately you are born, you get your certificate from the hospital and not from some bureaucrat sitting miles away from where you are born? Is it possible for us to get there?

Hon. Senators, pursuant to Standing Order No.45, I wish to present the business for the Senate for next week.

Next week on Tuesday, the Rules and Business Committee will meet at 12.00

Sen. Adan.

Mr. Speaker, Sir, I wanted to respond to a Statement that was requested by Sen. Murungi. On 17th March, 2014,

doing to enhance the activity at the Government Printer?

In saying so because it seems as if there is a backlog in all Government departments that require services from the Government Printer. Even this House, when Bills are published, first of all, they line up and take a long time. After they have been published, the publication loses meaning. The publication should imply that the documents are available to members to go through them before they are brought to the House. However, what is happening is that there seems to be serious backlog at the Government Printer. Even Bills that were due to come to this House, only two or three have been printed. So, the publication period ceases to have meaning because the backlog is too much. It seems as if the Government Printer is completely overwhelmed. Could the hon. Senator tell us what the Government is doing about the backlog? We are now talking about backlog in Meru, Nyandarua and many other places.

Thank you Mr. Speaker, Sir. I want to seek further clarification in respect of this very important document. A birth certificate is very important for various purposes. Identity cards, passports and marriage certificates are also very important. When will the Government consider establishing offices at the devolved levels?

The Constitution talks about the Provincial Administration conforming to with devolution. This should now be devolved to the ward level and there should be one office whereby birth certificates, identity cards, passports and even marriage certificates and company registration can be done. This has been done in other countries.

On a point of order, Mr. Speaker, Sir. Will I be in order to request that the Vice Chairperson is given time because this issue is raising a lot of interest? She should be allowed to go and research and even to consult with the Ministry of Immigration and Registration of Persons to enable her bring a comprehensive answer?

The Senate Minority Leader (Sen. Wetangula) : Has the Vice Chairperson of the Committee expressed any inability or disability to answer the questions? It is preposterous for the Majority Whip to stand up even before the Chairperson of the Committee utters a word, to presume that she cannot answer the questions we have raised.

Indeed, Sen. Elachi, I did not see you being enjoined in the responses, while you show your empathy. However, let us hear from the Chairperson first.

On a point of order, Mr. Speaker, Sir. This is on the same issue. I think it is better for her to get all our concerns regarding the matter. I want to add more issues so that she comes up with a comprehensive Report.

Sen. Chelule, I had already disposed of that particular matter. For you to revisit it is unacceptable. Secondly and more fundamentally with regard to the issues that other Members have raised, including what Sen. Wetangula has raised, we should leave the Chairperson to give the information sought and to handle

Mr. Speaker, Sir, when this matter came up, I tried to raise an issue and the distinguished Senator for Meru thought I was overloading his question. I still want to follow it up. The sequence of registration is; birth certificate, identity cards and eventually all the important documents like voters registration. The new Constitution has given the Independent Electoral and Boundaries Commission (IEBC) a responsibility to carry out continuous registration of voters. We are now into the second year since the last elections. Could the Vice Chair of the Committee tell us when the Government will decentralize registration of births as requested by Sen. Murungi to the lowest level possible? Two, when will they decentralize the issuance of identity cards? From as far as Moyale and Turkana where you come from, people have to bring documents to Nairobi to process identity cards in this day and age. Third and last, when will the IEBC commence registration of voters, to be carried out continuously up to the next elections?

Hoja ya nidhamu, Bwana Spika. Kuhusu swala hilo, kuna kitu sijaelewa. Mtu akitaka cheti cha kuzaliwa, ni lazima apeane kitambulisho cha nyanya, babu, watu waliokufa zamani ambao vitambulisho vyao vilipotea? Ukiwa Mdigo, mtu ambaye anakufa kutokana na mkasa wa ferry, hauwezi kupata cheti hiki hadi upeane vitambulisho vya watu ambao walikufa zamani. Hivyo ni sawa?

Mr. Speaker, Sir, in giving this statement, Sen. Adan stated that a major part of the delay was occasioned by the Government Printer in printing the

doing to enhance the activity at the Government Printer?

In saying so because it seems as if there is a backlog in all Government departments that require services from the Government Printer. Even this House, when Bills are published, first of all, they line up and take a long time. After they have been published, the publication loses meaning. The publication should imply that the documents are available to members to go through them before they are brought to the House. However, what is happening is that there seems to be serious backlog at the Government Printer. Even Bills that were due to come to this House, only two or three have been printed. So, the publication period ceases to have meaning because the backlog is too much. It seems as if the Government Printer is completely overwhelmed. Could the hon. Senator tell us what the Government is doing about the backlog? We are now talking about backlog in Meru, Nyandarua and many other places.

Order, hon. Senator. You have made your point.

Thank you Mr. Speaker, Sir. I want to seek further clarification in respect of this very important document. A birth certificate is very important for various purposes. Identity cards, passports and marriage certificates are also very important. When will the Government consider establishing offices at the devolved levels?

The Constitution talks about the Provincial Administration conforming to with devolution. This should now be devolved to the ward level and there should be one office whereby birth certificates, identity cards, passports and even marriage certificates and company registration can be done. This has been done in other countries.

On a point of order, Mr. Speaker, Sir. Will I be in order to request that the Vice Chairperson is given time because this issue is raising a lot of interest? She should be allowed to go and research and even to consult with the Ministry of Immigration and Registration of Persons to enable her bring a comprehensive answer? The Senate Minority Leader (

Mr. Speaker, Sir, I said order and I quickly corrected it. I realized that I was directing that to the wrong person.

It is only fair to acknowledge that.

If Sen. Adan will do a comprehensive research as a follow up question to what Sen. Emma said, we took up this matter of being asked for extra documents to court when we were together at the Kenya National Human Rights Commission (KNHRC) . In fact, we got judgment to the fact that the extra documents are illegal by law. Further to that, the Minister for Immigration and Registration of Persons, none other than Sen. Kajwang, issued an administrative note that these documents should no longer be demanded based on that court ruling.

So, in your research, please, find out why they continue to demand for the documents despite a court order that exists to that effect.

You do not need to respond to that, Sen. Adan. You should just do what you had agreed to do. However, more important, Sen. Hassan, there is a reason why you did not get it right in the first place. Sen. Adan has already given us a period of two weeks. The information you have given us is something you could have taken to the Committee rather than speak after the event. We have allowed you but you should know that the window is being closed.

Let us move to the next business.

Chairperson is not able? So far, she has demonstrated extreme competence, capability and alertness to respond.

Proceed, Sen. Aden.

Yes, Mr. Speaker, Sir.

Let us first give a chance to Sen. Khaniri as we give Sen. Adan a break.

Two weeks from now is good, Mr. Speaker, Sir.

Are you a Member of the Committee, Sen. Khaniri?

I am not.

Since the Standing Orders took effect on the day we adopted that particular Motion, then it is only fair that the new Chairperson is given that opportunity to demonstrate his leadership to the Committee. So, I will defer it to Tuesday next week.

Mr. Speaker, Sir, thank you for the directive. Our Committee started work today and Sen. ole Ndiema, who was a Member of that Committee, was elected the Vice Chairperson of the Committee. The Committee decided that all the pending business, including that statement, will be handled by my Vice Chairperson, Sen. ole Ndiema. So, he is going to deliver that Statement on Tuesday.

Thank you, Mr. Speaker, Sir.

If Sen. Adan will do a comprehensive research as a follow up question to what Sen. Emma said, we took up this matter of being asked for extra documents to court when we were together at the Kenya National Human Rights Commission (KNHRC) . In fact, we got judgment to the fact that the extra documents are illegal by law. Further to that, the Minister for Immigration and Registration of Persons, none other than Sen. Kajwang, issued an administrative note that these documents should no longer be demanded based on that court ruling.

So, in your research, please, find out why they continue to demand for the documents despite a court order that exists to that effect.

You do not need to respond to that, Sen. Adan. You should just do what you had agreed to do. However, more important, Sen. Hassan, there is a reason why you did not get it right in the first place. Sen. Adan has already given us a period of two weeks. The information you have given us is something you could have taken to the Committee rather than speak after the event. We have allowed you but you should know that the window is being closed.

Let us move to the next business.

Sen. Adan, you mean you have another statement?

Yes, Mr. Speaker, Sir.

Sorry, Sen. Musila; I was distracted by the gracious Senator, Sen. Elachi. What was your request; was it to defer?

Yes, Mr. Speaker, Sir; to defer the Statement since we could not conclude the matter yesterday, and we are going to continue with our consultations in two weeks. Therefore, I am seeking the indulgence of the House and, indeed, Sen. (Dr.) Khalwale, to wait until that time.

Mr. Speaker, Sir, yesterday, I gave a commitment that I would respond to the request of the Senator for West Pokot with regard to the Kenya Meat Commission, a statement he sought from the Committee on Agriculture, Livestock and Fisheries.

As per yesterday, I was still in the acting capacity as the Vice Chairperson of that Committee because they had not held their elections. I am made to understand that they had their elections today and we have a new Chairman in the name of Sen. Kiraitu Murungi. I take this opportunity to congratulate him.

I would just like to encourage you, Sen. Musila, and your Committee, to expedite this matter since it borders on some sensitivity which might require urgent attention.

Indeed, Mr. Speaker, Sir, we are taking it very seriously and we are making good progress.

Thank you, Mr. Speaker, Sir.

I am not.

Since the Standing Orders took effect on the day we adopted that particular Motion, then it is only fair that the new Chairperson is given that opportunity to demonstrate his leadership to the Committee. So, I will defer it to Tuesday next week.

Mr. Speaker, Sir, thank you for the directive. Our Committee started work today and Sen. ole Ndiema, who was a Member of that Committee, was elected the Vice Chairperson of the Committee. The Committee decided that all the pending business, including that statement, will be handled by my Vice Chairperson, Sen. ole Ndiema. So, he is going to deliver that Statement on Tuesday.

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, Sen. Abu Chiaba is the new Chairperson since yesterday.

Thank you, Mr. Speaker, Sir. I happen to be a Member of that Committee and I am sorry that my Chairperson has just gone out; I hope that he is coming back. I want to request Sen. Mshenga to give us one week; that is if my Chairperson is not coming back to this House before we adjourn.

Let me order that we have that Statement on Tuesday because Sen. Mshenga is talking of three weeks ago. So, really, whether new or not, there were some existing Committees before. You just have heard from the new Chairperson of the Committee on Agriculture; the only brief they have is on who delivers it, but the work has been done.

Sorry, Sen. Musila; I was distracted by the gracious Senator, Sen. Elachi. What was your request; was it to defer?

Yes, Mr. Speaker, Sir; to defer the Statement since we could not conclude the matter yesterday, and we are going to continue with our consultations in two weeks. Therefore, I am seeking the indulgence of the House and, indeed, Sen. (Dr.) Khalwale, to wait until that time.

Sen. (Dr.) Khalwale?

I am most obliged, Mr. Speaker, Sir.

I would just like to encourage you, Sen. Musila, and your Committee, to expedite this matter since it borders on some sensitivity which might require urgent attention.

Indeed, Mr. Speaker, Sir, we are taking it very seriously and we are making good progress.

Thank you, Mr. Speaker, Sir.

Order! Order!

Wednesday, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir.

Sen. (Dr.) Kuti?

Thank you, Mr. Speaker, Sir. I happen to be a Member of that Committee and I am sorry that my Chairperson has just gone out; I hope that he is coming back. I want to request Sen. Mshenga to give us one week; that is if my Chairperson is not coming back to this House before we adjourn.

Let me order that we have that Statement on Tuesday because Sen. Mshenga is talking of three weeks ago. So, really, whether new or not, there were some existing Committees before. You just have heard from the new Chairperson of the Committee on Agriculture; the only brief they have is on who delivers it, but the work has been done.

But I hope, Mr. Speaker, Sir, that one week will be adequate for us to revisit the previous Committee Members.

In any case, your one week from today, Wednesday, is---

Mr. Speaker, Sir, it is Thursday.

Your one week from today is actually---

Okay; it can either be Wednesday---

Mr. Speaker, Sir, would I be in order to request the Chair to give communication with regard to a convention in which Senators have been invited to Mombasa in the coming week. The invitation is individual to each Member, although the list has all of us, but it does not seem to include or involve the administration of the Senate. Perhaps the Chair could give a communication as to how this is to be handled with regard to, maybe, attendance, facilitation, movement and also the mode of engagement in it.

I hope that is the end of Statements. If so, I also have some communications to make, but I will start by disposing of that matter raised by Sen. (Eng.) Karue.

We learned of that correspondence recently and we considered the matter before the Rules and Business Committee. So, we have asked our administration and the Clerk to engage the Governors so that we can find an appropriate way of participation. Since we will not be able to meet until then, we will communicate to you in other ways on the decisions we will have made, including the pertinent issues.

Hon. Senators, I also have a communication on marking the first Anniversary of the Senate.

Your one week actually agrees with mine. Tuesday afternoon?

Hon. Senators, as you are aware, the Senate held its first sitting on the 28th of March, 2013, following the general elections which, in essence, marked its reintroduction after a 47 year break since the first Senate of independent Kenya was abolished. You will undoubtedly recall that it was during that sitting that you were sworn in before participating in the election of the Speaker and the Deputy Speaker. This is, therefore, to notify Senators that Friday, the 28th March, 2014, will therefore mark the first year of operation of the Senate.

Sen. (Dr.) Kuti?

period for the Senate to critically examine its performance as well as to review and reflect on its first year of existence as it gears itself for the second year. It is a time to appraise our strengths and weaknesses as the guardian angel of devolution as set out in the Constitution.

Issue it on Tuesday. I am much obliged, Mr. Speaker, Sir.

You can be sure, Sen. (Dr.) Khalwale, that the Senate is very alive to the principles of public finance management. One of them is cost effectiveness, efficiency and frugality. We are going to minimize the activities without losing the need also to celebrate our existence.

Mr. Speaker, Sir, would I be in order to request the Chair to give communication with regard to a convention in which Senators have been invited to Mombasa in the coming week. The invitation is individual to each Member, although the list has all of us, but it does not seem to include or involve the administration of the Senate. Perhaps the Chair could give a communication as to how this is to be handled with regard to, maybe, attendance, facilitation, movement and also the mode of engagement in it.

I hope that is the end of Statements. If so, I also have some communications to make, but I will start by disposing of that matter raised by Sen. (Eng.) Karue.

We learned of that correspondence recently and we considered the matter before the Rules and Business Committee. So, we have asked our administration and the Clerk to engage the Governors so that we can find an appropriate way of participation. Since we will not be able to meet until then, we will communicate to you in other ways on the decisions we will have made, including the pertinent issues.

Hon. Senators, I also have a communication on marking the first Anniversary of the Senate.

Hon. Senators, as you are aware, the Senate held its first sitting on the 28th of March, 2013, following the general elections which, in essence, marked its reintroduction after a 47 year break since the first Senate of independent Kenya was abolished. You will undoubtedly recall that it was during that sitting that you were sworn in before participating in the election of the Speaker and the Deputy Speaker. This is, therefore, to notify Senators that Friday, the 28th March, 2014, will therefore mark the first year of operation of the Senate.

period for the Senate to critically examine its performance as well as to review and reflect on its first year of existence as it gears itself for the second year. It is a time to appraise our strengths and weaknesses as the guardian angel of devolution as set out in the Constitution.

Assembly. I do not know whether that drafting Committee is supposed to be a big thing, but whichever way you look at it, I want to congratulate all of them.

The Drafting Committee is even greater. As a lawyer, you appreciate drafting.

You can be sure, Sen. (Dr.) Khalwale, that the Senate is very alive to the principles of public finance management. One of them is cost effectiveness, efficiency and frugality. We are going to minimize the activities without losing the need also to celebrate our existence.

Mr. Speaker, Sir, could you request Sen. Boni Khalwale to bring the bull on that great occasion and I will bring some Chuka drummers to commemorate the Senate, because the 47 counties should be seen during these celebrations of the Senate, because we represent the counties? So, let us bring the diversity and various peculiarities to be seen during those celebrations. Therefore, do not limit the budget.

I thought that you were actually saying that you were assisting the Senate by making the contribution from Chuka and requesting Khalwale to do the same.

Mr. Speaker, Sir, if you requested, I could do so, but this is a public institution which should not be begging for charity. So, let us have a proper budget, so that we celebrate one year of the Senate in style.

We will take into account your suggestion.

On a point of order, Mr. Speaker, Sir. You might be tempted to choose to go his way; that I be requested to bring the Kakamega bulls to Nairobi. I would have no objection, but the bulls of Kakamega are just like the wildebeest of the Mara. When people want to see the wild beast, they go to the mara. They do not bring the wildebeest to Nyayo Stadium. I would, therefore, request that this event be brought to Kakamega, so that you enjoy bull fighting, amongst other things.

as international intergovernmental and non-governmental organizations which are motivated by the same ideals.

Hon. Senators, the recent Assembly was a memorable event to the union itself, Africa and, in particular, Kenya, in many ways. First, the IPU celebrated its 125th anniversary whose theme was “Renewing Our Commitment to Peace and Democracy.” Secondly, Mr. Martin Chungong who is a Cameroonian national, hence an African, has been elected as the new Secretary General of the IPU, becoming the first African to hold the post in its 125-year history. Your Speaker and the Parliament of Republic of Kenya nominated and lobbied for him. A record attendance of the IPU members made their choice on the closing day of the 130th IPU Assembly in Geneva.

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

Assembly. I do not know whether that drafting Committee is supposed to be a big thing, but whichever way you look at it, I want to congratulate all of them.

The Drafting Committee is even greater. As a lawyer, you appreciate drafting.

least, because they are the ones who have to be taken care of before the others.

Mr. Deputy Speaker, Sir, it is true, indeed, that there has been a lot of attempts at adult education. But those attempts have been a process of three steps forward and then two steps backwards. At every level, when you look across the country, whether it is in the north or in the south, you will find that there is no comprehensive way that adult education has been handled. You will also find that a whole community or group of people may not be fully integrated into in society simply because they have not been educated. It is really sad particularly because many of them in their youth may have wanted to be educated, but had to make sacrifices so that younger brothers or sisters could be educated. It is very usual in our society to find an older brother who sacrifices so that the younger ones could be educated. So it is only right and fair that we give them opportunities.

When you look at the economy that we run today, we run a knowledge based economy. Some people who have no education cannot take very great advantage of some of the opportunities that exist in a knowledge-based economy. Take for example a parent whose children are in Nairobi and cannot get money to come to see them, a parent whose children are in the United States of America (USA) or in Britain and cannot possibly travel there. However, if they were educated as adults and had knowledge to do technology such as skype or facebook which I am sure my friend Sen. Karaba understands very well or does not, if they had that knowledge, then they will communicate with their children whether in Kenya or outside Kenya for free. They do not even have to pay a thing to talk to their children in USA and other parts of the world.

Mr. Deputy Speaker, Sir, when we think about it, our nations were left behind in the last revolution because of lack of knowledge. It was the first President Mzee Jomo Kenyatta who actually proposed that adults must start being educated so that they can communicate with their own children. I think it is only right and fair that we look at our older people, particularly those who want to be educated.

The other aspect to remember is that life expectancy has changed dramatically. It used to be that if you live to the age of 50 years, you are very lucky and thankful. However, today we can expect people to live a lot longer than they used to and their useful life is a lot longer than before because of improvement in health. We know that people in their 70s are very healthy people. Consequently, there is no need for us to waste that life. The fact that people are old does not mean that they are not intelligent or cannot grasp issues. Therefore, investing in our old people is the right thing to do.

If we invest in the current generation of old people, it might actually eliminate the need to have such schemes. In an ideal situation, we should not have adult education because they should have been educated at the right time in primary and secondary schools. So, this is not something that can go on to give us problems. An educated adult will make sure that his or her own children are also educated. That means that if children are educated, then they will not need to be educated as adults. The issue of educating

Next Order.

Mr. Deputy Speaker, Sir, I rise to also support this Motion. First, I want to congratulate my Chairperson, Sen. Karaba, who is the Mover of this Motion for his election as the Chairman of the Committee on Education. I wish to support

will briefly mention.

The first recognition which this Motion brings forward is the recognition that there are still illiterate Kenyans 50 years after Independence. There is also a further recognition that those illiterate Kenyans desire to become literate. This Motion recognizes that situation. This Motion also recognizes the fact that there are facilities which are available to further education in this country. In fact, as we continue to speak, there are thousands of classrooms that are empty from 5.00 p.m. every day. They are also empty on Saturdays and Sundays. These are already infrastructural facilities that can be used for education. This Motion recognizes the fact these facilities can be used to give education to those illiterate individuals.

There is also a further recognition in this Motion; that this country nowadays is littered with several FM stations. These are outlets of communication which can be used to further education more specifically to those who are illiterate. There is also recognition that there is a new Government system which involves devolution. Devolution takes some of these facilities closer to the people and more particularly to the people who are literate. This is of course an opportunity that is recognized by this Motion.

The Motion also recognizes the positive role which a literate population can play in a country. First of all, this country has experienced very serious challenges when it comes to elections. When you look at those challenges very closely, some of them, are directly or indirectly associated with illiteracy. Therefore, there is recognition that we need to educate these individuals so as to alleviate some of the challenges that we have in terms of issues like universal suffrage in elections.

Mr. Deputy Speaker, Sir, we are aware of the ease with which governance can be monitored or administered in a country if the population is literate. This Motion recognizes that and urges that we give the illiterate a chance to become literate. We are constantly aware all the time that if we have an educated population, they are versatile in doing a lot of things like running businesses and being more economically productive. Therefore, for us to grow an economy that is well-founded, it is important that we get as many Kenyans as possible to become literate to a level where they can raise their own standards of living and raise the economy of the country. So, this Motion has this very good spirit and it recognizes a position in which we can find a way to give people some education.

The recommendation is that we develop a roadmap which comes up as a result of development of a good policy in which we can use to develop ways and means in which we can give an education to the illiterate. That is why this Motion is a good one because it is going to give a roadmap.

For that reason, I want to support this Motion and hope that the House will support it so that we can try and assist the illiterate in our society to become literate by developing ways and means by which we can educate them.

With those few remarks, I wish to thank you and support the Motion.

I am sorry, Mr. Speaker, Sir. I got mixed up because there was a Motion for Adjournment which ended and I was contributing to it also.

Thank you, Mr. Deputy Speaker, Sir. I wholeheartedly support this Motion because it affects my county and other counties. I also want to congratulate the Mover of the Motion, my brother. I read in the newspapers today that he has been elected to be the Chairperson for the Committee on Education. I think the Committee is very relevant to his area and there is no doubt that he will deliver the mandate given to him to the whole country.

Adult education is very important in the marginalized areas where people are not well educated. Those who are educated are people who also failed in their examinations; both in the primary and secondary levels. We know that education is a continuous process and, therefore, coming up with a policy of adult education is very important for us to achieve the 2030 Vision of increasing our literacy level.

As some of the speakers said, the issue of external trade by illiterate people is out of the question. People who do small businesses globally, fail at times because they do not know their profit margins after selling their commodities or goods. Some of them do not even know how to do book keeping. Even if they were to open accounts at the banks, they would be at the mercy of the bank clerks who would be asking them to sign certain areas without knowing the amounts withdrawn. This way, you find a lot of cheating going on in the accounts of such people.

Apart from streamlining the process of employment and also giving programmes to adult education officers, as one of the Speaker said here, most of the rural areas have illiterate people who tend to listen to FM stations. Sen. Karaba should also articulate the establishment of adult education through FM radios where people can listen and follow what is being taught. While at home, you will meet children who got grades Ds and Es and yet their parents will tell you that their sons and daughters are very educated and that

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

between grade “A”, “B”, “C”, “D” or “E”. This is a fact.

I talked on Friday evening in Garissa at a function and said that there is need for us to work hard, as a country, so that every Kenyan who was unfortunate not to go to school can know how to read and write something. Under devolution, we now have counties. I believe that counties will start producing their own papers to inform people what is happening and what is expected of them. If they cannot read, that will be a waste of public resources. When Sen. Halima spoke, she said that maybe in Central Province, the illiteracy level is at 8 per cent while in North Eastern, it is at 60 per cent. I can tell you that in North Eastern Province and other provinces, this rate is more than 90 per cent. You will not find anybody older than me who can read a letter.

Nobody should ask me how old I am. With those remarks, I beg to move and to encourage my brother, Sen. Karaba to take note of what we have said.

Thank you very much, Mr. Deputy Speaker, Sir. Thank you my colleagues, Senators and all those who elected me to the position of a Chairperson this afternoon.

I am happy that this Motion has been dissected properly. It has been discussed and laid bare by the speakers. I am happy to note that the contribution was very rich in both words and material. It is also important to note that this Motion touches every corner of this country and affects the society. The Motion is very inclusive and is self explanatory in that we need to have our people literate. This is one of the requirements of the United Nations Charter on Human Rights and Education to which Kenya is a signatory. It is very important that a majority of us have seen the need of trying to scrutinize more on adult education since Independence.

Mr. Deputy Speaker, Sir, you will realise that 50 years after Independence, education has not taken root in Kenya. Education being one of the most important services that we have right now and which is akin to the development in other areas, we should take note t hat there is urgent need to cultivate literacy among all the people here in Kenya. When you travel to other countries, even to visit our neighbours here in Uganda, you find very old men and women communicating in English language. This, of course, was noted when there was an evacuation in the Entebbe raid. The communication was that they should all lie down. Of course, they all did. Those people who did not understand English language were very few and only one or two were shot by the Israeli Commandoes. That tells you how important it is to have basic knowledge and skills.

We have also heard a lot from Members on how important it is for our population to know about life skills and how they can live longer by understanding some basics in life. We need to know more about proper diet and that is taught in English language. They need to know how to administer drugs. There are people who are given drugs and

instructions and can even take an overdose. In the end, the consequences can only be lamentable. What we have heard in this Senate is enough to say that this Motion is important and should be implemented forthwith. The Government should take urgent measures and make sure that it responds to the calls made by my colleagues, Senators. I am very happy that I have heard very important ideas coming from the Senate.

If the national Government will take what we have discussed here, this will be a Motion to alleviate poverty and to empower our society economically. I thank you very much for contributing to this Motion. It is my hope that since this is not a Motion affecting counties, we will work on it further so that it becomes an Act of Parliament under CAP 223. We should come up with a Bill and pass it into an Act of Parliament and make it more relevant to the keeping of our society.

I beg to move.

Thank you, Sen. Karaba. This is not a county motion as it is spelt out by the Standing Orders. So, it will be by voting of all Senators. Therefore, I will put the question.

will briefly mention.

The first recognition which this Motion brings forward is the recognition that there are still illiterate Kenyans 50 years after Independence. There is also a further recognition that those illiterate Kenyans desire to become literate. This Motion recognizes that situation. This Motion also recognizes the fact that there are facilities which are available to further education in this country. In fact, as we continue to speak, there are thousands of classrooms that are empty from 5.00 p.m. every day. They are also empty on Saturdays and Sundays. These are already infrastructural facilities that can be used for education. This Motion recognizes the fact these facilities can be used to give education to those illiterate individuals.

There is also a further recognition in this Motion; that this country nowadays is littered with several FM stations. These are outlets of communication which can be used to further education more specifically to those who are illiterate. There is also recognition that there is a new Government system which involves devolution. Devolution takes some of these facilities closer to the people and more particularly to the people who are literate. This is of course an opportunity that is recognized by this Motion.

The Motion also recognizes the positive role which a literate population can play in a country. First of all, this country has experienced very serious challenges when it comes to elections. When you look at those challenges very closely, some of them, are directly or indirectly associated with illiteracy. Therefore, there is recognition that we need to educate these individuals so as to alleviate some of the challenges that we have in terms of issues like universal suffrage in elections.

Mr. Deputy Speaker, Sir, we are aware of the ease with which governance can be monitored or administered in a country if the population is literate. This Motion recognizes that and urges that we give the illiterate a chance to become literate. We are constantly aware all the time that if we have an educated population, they are versatile in doing a lot of things like running businesses and being more economically productive. Therefore, for us to grow an economy that is well-founded, it is important that we get as many Kenyans as possible to become literate to a level where they can raise their own standards of living and raise the economy of the country. So, this Motion has this very good spirit and it recognizes a position in which we can find a way to give people some education.

The recommendation is that we develop a roadmap which comes up as a result of development of a good policy in which we can use to develop ways and means in which we can give an education to the illiterate. That is why this Motion is a good one because it is going to give a roadmap.

For that reason, I want to support this Motion and hope that the House will support it so that we can try and assist the illiterate in our society to become literate by developing ways and means by which we can educate them.

With those few remarks, I wish to thank you and support the Motion.

Mr. Deputy Speaker, Sir, I would also like to add my voice to this very important Motion which has recognized that illiteracy is a problem in our communities. I would like to say that adult education is very important if this can be devolved down to the grassroots level so that our old mamas and their children can be educated so that they can understand what is happening around them. This will also enable them to do business because if you are illiterate, it is very difficult to do trade. How do you trade internally and externally with other countries if you do not understand what you are doing?

We can also incorporate these policies in order to give guidelines on adult education. This will be good because when one is educated he or she will value education. If one is illiterate, he or she will not see the need to educate the children in order to prosper. This programme will also help eradicate poverty in our families and even in the counties because everybody will be educated and they will be in a position to interrogate many things going on in counties which are not right. By doing so, we shall have full participation by citizens of every county.

With those few remarks, I beg to support.

Thank you, Mr. Deputy Speaker, Sir. I wholeheartedly support this Motion because it affects my county and other counties. I also want to congratulate the Mover of the Motion, my brother. I read in the newspapers today that he has been elected to be the Chairperson for the Committee on Education. I think the Committee is very relevant to his area and there is no doubt that he will deliver the mandate given to him to the whole country.

Adult education is very important in the marginalized areas where people are not well educated. Those who are educated are people who also failed in their examinations; both in the primary and secondary levels. We know that education is a continuous process and, therefore, coming up with a policy of adult education is very important for us to achieve the 2030 Vision of increasing our literacy level.

As some of the speakers said, the issue of external trade by illiterate people is out of the question. People who do small businesses globally, fail at times because they do not know their profit margins after selling their commodities or goods. Some of them do not even know how to do book keeping. Even if they were to open accounts at the banks, they would be at the mercy of the bank clerks who would be asking them to sign certain areas without knowing the amounts withdrawn. This way, you find a lot of cheating going on in the accounts of such people.

Apart from streamlining the process of employment and also giving programmes to adult education officers, as one of the Speaker said here, most of the rural areas have illiterate people who tend to listen to FM stations. Sen. Karaba should also articulate the establishment of adult education through FM radios where people can listen and follow what is being taught. While at home, you will meet children who got grades Ds and Es and yet their parents will tell you that their sons and daughters are very educated and that

between grade “A”, “B”, “C”, “D” or “E”. This is a fact.

I talked on Friday evening in Garissa at a function and said that there is need for us to work hard, as a country, so that every Kenyan who was unfortunate not to go to school can know how to read and write something. Under devolution, we now have counties. I believe that counties will start producing their own papers to inform people what is happening and what is expected of them. If they cannot read, that will be a waste of public resources. When Sen. Halima spoke, she said that maybe in Central Province, the illiteracy level is at 8 per cent while in North Eastern, it is at 60 per cent. I can tell you that in North Eastern Province and other provinces, this rate is more than 90 per cent. You will not find anybody older than me who can read a letter.

Nobody should ask me how old I am. With those remarks, I beg to move and to encourage my brother, Sen. Karaba to take note of what we have said.

Thank you, Senator. It appears that nobody else is interested in contributing. The Mover may now reply.

Thank you very much, Mr. Deputy Speaker, Sir. Thank you my colleagues, Senators and all those who elected me to the position of a Chairperson this afternoon.

I am happy that this Motion has been dissected properly. It has been discussed and laid bare by the speakers. I am happy to note that the contribution was very rich in both words and material. It is also important to note that this Motion touches every corner of this country and affects the society. The Motion is very inclusive and is self explanatory in that we need to have our people literate. This is one of the requirements of the United Nations Charter on Human Rights and Education to which Kenya is a signatory. It is very important that a majority of us have seen the need of trying to scrutinize more on adult education since Independence.

Mr. Deputy Speaker, Sir, you will realise that 50 years after Independence, education has not taken root in Kenya. Education being one of the most important services that we have right now and which is akin to the development in other areas, we should take note t hat there is urgent need to cultivate literacy among all the people here in Kenya. When you travel to other countries, even to visit our neighbours here in Uganda, you find very old men and women communicating in English language. This, of course, was noted when there was an evacuation in the Entebbe raid. The communication was that they should all lie down. Of course, they all did. Those people who did not understand English language were very few and only one or two were shot by the Israeli Commandoes. That tells you how important it is to have basic knowledge and skills.

We have also heard a lot from Members on how important it is for our population to know about life skills and how they can live longer by understanding some basics in life. We need to know more about proper diet and that is taught in English language. They need to know how to administer drugs. There are people who are given drugs and

instructions and can even take an overdose. In the end, the consequences can only be lamentable. What we have heard in this Senate is enough to say that this Motion is important and should be implemented forthwith. The Government should take urgent measures and make sure that it responds to the calls made by my colleagues, Senators. I am very happy that I have heard very important ideas coming from the Senate.

If the national Government will take what we have discussed here, this will be a Motion to alleviate poverty and to empower our society economically. I thank you very much for contributing to this Motion. It is my hope that since this is not a Motion affecting counties, we will work on it further so that it becomes an Act of Parliament under CAP 223. We should come up with a Bill and pass it into an Act of Parliament and make it more relevant to the keeping of our society.

I beg to move.

Thank you, Sen. Karaba. This is not a county motion as it is spelt out by the Standing Orders. So, it will be by voting of all Senators. Therefore, I will put the question.

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

THAT, pursuant to Standing Order No.28, the Senate approves its Calendar (Regular Sessions) for the second session. This Motion concerns the calendar for this House for the Second Session which started on 25th February and which is expected to run until 4th December, 2014.

According to Standing Order No.28, read together with other relevant Standing Orders like 27, the Rules and Business Committee (RBC) is empowered to determine the Calendar of the Senate in every session and to submit its recommendations to this House for approval.

That was done on 25th March, 2014. The RBC of the Senate met, considered and determined the Calendar which we have tabled before this House and which, as I have said, runs from 25th February to 4th December.

Mr. Deputy Speaker, looking at this calendar, one is able to see that, in the overall, it compares very well with the calendar of the Lower House. That is important so that given that most of the legislative agenda is a to-and-fro arrangement between the two Houses, it is important that by and large, the two Houses should either be on recess or even be in session largely at the same time. That has been kept.

Motion is that the total number of days of recess is 159 days for the Senate and 158 days for the National Assembly. So, again, that balancing has been done.

Mr. Deputy Speaker, Sir, we would want it to be noted that the recess sessions are reasonable. The Senate is supposed to proceed on session from now until the 17th of April, 2014, after which it will proceed on recess for 46 days. It will again resume on Tuesday 3rd of June and will be in session for nine weeks, which will go up to 31st July, 2014, followed by 46 days of recess. This second recess will end on 16th September,

I think for HANSARD purposes, Senate Majority Leader, you need to refer to Standing Orders No. 27 (1) and 28 (8) .

Thank you, Mr. Deputy Speaker, Sir. I think somebody took away my copy of Standing Orders. Thank you for coming to my aid. For purposes of HANSARD, I am happy to say that the first Standing Order which has been complied with, as I said earlier on, is Standing Order No.27, which says---

I am just correcting; that you said that the sessions shall start on the third Tuesday when, in fact, it should be on the second Tuesday.

Thank you, Mr. Deputy Speaker, Sir. It is the second Tuesday; I am sorry. That is noted. Standing Order No. 27 (1) says:-

“Except for the Session commencing immediately after a general election, regular Sessions of the Senate shall commence on the second Tuesday of February and terminate on the first Thursday of December.” Mr. Deputy Speaker, Sir, therefore, Standing Order No. 27 (1) , in that respect, has been complied with.

Mr. Deputy Speaker, Sir, the other points I want to make are the points which have been determined in the paragraphs that follow in Standing Order No. 27 (2) . It says:

“Despite paragraph (1) , the Senate may, by resolution, alter the dates specified under paragraph (1) in respect of a particular Session.” Mr. Deputy Speaker, Sir, in other words, this calendar is interim and the Senate, for reasons that can be given or justified, can actually alter these dates in accordance with Standing Order No.27 (2) of the Standing Orders of this House. Furthermore, Standing Order No. 27 (3) says as follows:-

may adjourn for such number of days as it may determine in its calendar.” Mr. Deputy Speaker, Sir, again, this is to emphasize or to underscore the interim nature of this calendar.

Mr. Deputy Speaker, Sir, by and large, this has been done. What I just need to emphasize is that all the other avenues, even during recess, of reconvening the House remain open. For example, under Standing Order No.29, there is the provision of Special Sittings of the Senate. This can only happen on the request of the Senate Majority Leader or the Senate Minority Leader, with the support of at least 15 Senators.

Mr. Deputy Speaker, Sir, by and large, I think this is a straight forward matter. It is a matter which is tentative for public information, because if you look at the Standing Orders, the reasons we need to publicize our calendar is two things. One, it reaffirms the independence that the Legislature enjoys today from the Executive. This is because in the past, the calendar of Parliament used to be determined by the Executive. The President could recall the House at any time and, also, perhaps interfere with the dates of the sittings of the House. So, the first reason for this publication, to my mind and according to the law is, first of all, to assert the independence of this House.

Secondly and more important, it is for public information so that any person who wants to engage members of the public in any manner by way of petition or by way of influencing legislation can know when the Senate is in session and when it is on recess.

Mr. Deputy Speaker, Sir, finally, with regard to this calendar for this session, it is also important to justify that the recess periods are important because this is the time that hon. Senators are able to engage with their constituents in the counties. This is the time also when some of the Committees can visit places across the country and familiarize themselves with issues of importance to their mandate.

It is in this connection, therefore, that the recess periods have been packaged to allow considerable amount of time, three times a year. If you look at the calendar of the National Assembly, they also have three blocks of recesses, although theirs are classified; in every part there is a short recess and a long recess. But the upshot is that there are three major recess periods generally around April, August and then at the end of the calendar year, that is around December, so that then the third Session can begin in February, 2015.

Mr. Deputy Speaker, Sir, without much ado, I beg to move this Motion and request Sen. Chris Obure, the Senator for Kisii County, to second.

Thank you, Mr. Deputy Speaker, Sir.

Thank you, Mr. Deputy Speaker, Sir. First, I want to thank the Senate Majority Leader for the elaborate manner in which he has moved this Motion. Secondly, I want to thank the Rules and Business Committee responsible for this, for doing a very good job.

Mr. Deputy Speaker, Sir, I notice that this has been done in accordance with our own Standing Orders. I also note that this has been done taking into consideration the Business of the National Assembly which shows there is adequate harmony between the

National Assembly in transacting national Business.

Mr. Deputy Speaker, Sir, I also note that sufficient recess time has been provided so that we can go out there and meet the electorate, receive new instructions and familiarize ourselves with the challenges of our own people so that we can serve them better. Most importantly, I note one other thing and this has been mentioned by the Mover, Sen. (Prof.) Kindiki. I have been in Parliament before. As he rightly put it, in those days, the House programme was set by the Executive. In fact, we really never knew when our sessions would commence or end as this was determined by the Executive. I am very happy because by the mere fact that we are now able to determine our own programme, this is sufficient demonstration that we are, indeed, independent as a Legislature and this is the way it should be. I want to thank the Senate Majority Leader and the Committee that prepared this programme for ensuring that this independence is sufficiently safeguarded.

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

capacity building in our various counties is achieved. We should provide counsel to most of the Members of the County Assemblies (MCAs), who have possibly gotten the idea that we are behaving like we are “oversighting” even what is not necessary. It is, therefore, important that we take time during the recess to counsel and interact with our friends, the MCAs and Governors, who are in the county governments, so that they can realize the importance and significance of the Senator.

Mr. Deputy Speaker, Sir, we will be going on recess when some of our offices are not well equipped. Some of the offices that we are going to occupy do not have enough furniture and equipment. If you have an office which is located in one area and there are about eight or nine constituencies in the county, it becomes a problem for one to visit all those areas. That is the reason we are requesting the PSC to think about the offices out there and allocate more money, so that we reach all areas in our counties.

Mr. Deputy Speaker, Sir, lastly, we need to visit one another. Some counties are very far away from Nairobi. Therefore, it is important that those who are in Nairobi visit those further areas and get to know the problems that are faced by the communities living there, so that as we discuss here, they will be able to appreciate those problems and suggest solutions.

Mr. Deputy Speaker, Sir, I support the calendar and hope that it will be adhered to without further changes.

Why do you think it is just a notion?

Not that I want to engage you, but what do you mean, it is a “notion” that it is the Upper House?

Mr. Deputy Speaker, Sir, there are those who do not understand the Constitution very well. I was grounding it on the Constitution that the Senate is the Upper House. We have a constitutional mandate to protect counties.

On a point of order, Mr. Deputy Speaker, Sir. I am wondering whether it will be in order to request the Senator for Nyamira County to make it clear that-----

Mr. Deputy Speaker, Sir, I am just saying that this is the Upper House---

Asante sana, Bw. Naibu Spika, kwa kunipa nafasi hii ili niungane pamoja na wenzangu kumshukuru Kiongozi wa Waliowengi Bungeni kwa kutoa ratiba ya vile Seneti itafanya kazi.

Bw. Naibu Spika, kupata nafasi inaonyesha kwamba ni muhimu sana sisi kwenda mashinani kujua vile hali ilivyo na vile vile kuungana pamoja na viongozi wote ambao walichaguliwa na kujua ni maendeleo gani yaliyopangwa na vile tutawapatia masomo ili tuweze kufanya kazi pamoja.

Bw. Naibu Spika, kwa hayo machache, naunga mkono Hoja hii ilioko mbele yetu.

Senate Majority Leader wants that clarification from you as to whether that is what you meant to say.

Mr. Deputy Speaker, Sir, this is a straight forward Motion and I think it should not be subjected to any amendment. This is an opportunity for this House to air its views and what the problem would be in the next one year. It shows that the management of the Senate is doing a very good job because we can see them planning. If we do not plan today, we may remain unplanned. Therefore, it is important for us to appreciate what the Senate Majority Leader has put forward to us.

I hope that during recess, there will be no incident which will warrant this House to be recalled. It has been a practice in the past that during recess many things happen. I do not know why it happens during the recess. May be this time round with the new system of governance, things may have changed. I believe it has changed because we have very energetic leadership. We think the leaders of this nation will do what they say. I believe that they have a lot to lose if they do not stick to what they say.

Mr. Deputy Speaker, Sir, we, as a Senate, need to be aware that if this country does not do well, it will not spare any one of us. Therefore, all of us must be concerned with the security of this nation. There is insecurity all over, including Mombasa and Nairobi. We need to be extremely concerned, especially during the recess. The things which are going on in Mombasa County are matters of grave concern and we cannot see the end of it. These issues of terrorism started many years ago with the Palestinian movement and later it was taken over by Muslim extremists. We need to know that it is not the resolution of this House or through Cabinet meetings that will stop what is happening. It is when we decide to change our system of management of our security because we have to consider that this matter has been there for many years. We have to go by experience and look at those who have been fighting terrorism for many years. We should learn from them whether they were able to change anything. Many terrorists are freedom fighters of a certain group. We have to keep in our mind that we are dealing with

Mr. Deputy Speaker, Sir, let me also take this opportunity to support this Motion as presented. I have to reiterate sentiments of my colleagues who have raised a number of issues which need to be addressed.

As you are aware the notion out there is that the Senate is the Upper House.

employed to do that job. The big question is: Who is their employer?

Mr. Deputy Speaker, Sir, during the recess, we need to appreciate what has been put forward here because we must also understand that our people know very little about the Constitution. We need to take it upon ourselves to teach and train our people during the recess what the Constitution says about county governments, the national governments and the institution of Parliament; that is, the Senate and the Lower House. If our people understand these things, we will not be having many problems when we go back home. Since people do not understand what is contained in that document called the Constitution, they expect a Senator to be what is not stipulated in the Constitution.

Sometimes, I get sad when I see some of us behave as if we have no authority or power and we are seen not to be giving anything to the people. For example, the Members of the National Assembly can give something to build a primary school, but a Senator cannot do that. This is seen by some Senators as if they are lower than the Members of the National Assembly. We have to put our foot down and tell the country that money that is being used properly or improperly by the county governments comes from the Senate. It goes through the Senate to the county governments. We need to educate the public about what we do. When I go to my county my duty number one is to tell them that all the money that they see in the county passed through the Senate. This is true.

So, they should not worry about us doing a good job or not. Personally, I think we are doing a very good job. If we can assess the first one year, we have been having teething problems because we were trying to understand our own roles. The perceived bad feeling between the Lower House and the Senate will now come to an end because I am very sure that we now understand our roles. I have no doubt that we will be compelled by the Constitution to stick to our roles whether we like it or not. Other than that, there are those who still feel that we may not be useful to the state, but the only thing they can do is to fight for a referendum. If you cannot fight for a referendum and win then you should forget and stick to what is on the table. What we have on the table is from the Constitution and we need to understand it.

Mr. Deputy Speaker, Sir, I want to thank the leadership of the Senate for coming up with this programme, especially the Senate Majority Leader. We have been very concerned about this programme, but I am glad we now have it. If we continue this way, then the Senate Majority Leader will be getting a lot of honour from this House. I also want to thank the Speaker, the Deputy Speaker, the other Members of the Speaker’s panel and the chief whips. I want to thank them because I have seen them do a job, since I am a good observer and, at the same time, a student of parliamentary democracy.

Mr. Deputy Speaker, Sir, I rise to support this very important Motion. I would like to thank the Rules and Business Committee (RBC) for doing what is supposed to be done. By looking at the calendar, I can say that is very well planned and

Mr. Deputy Speaker, Sir, it is to those who do not understand the Constitution but it is provided in the Constitution that we are the supervisors and defenders of the Constitution.

to our electorate because that is the time we are supposed to do a lot of groundwork.

With those few remarks, I think the Motion is straight forward and I support.

Mr. Deputy Speaker, Sir, I stand to support the calendar as presented by the Senate Majority Leader. I have gone through it and I do not think there are any major changes that I would recommend. While supporting this, may I take this opportunity to condole with the grieving families who lost their lives and their loved ones in the barbaric attack in a house of worship by fellow Kenyans. I want to grieve with the families and the entire Christian community and the nation of Kenya. I want to state that these attacks in churches are going out of hand.

In my opinion, I do not see what statement anybody could be making by attacking a place of worship. When you see the picture of the young boy aged one and a half years going through so much pain and suffering because somebody somewhere was annoyed with a Government policy, then I do not know what to make of it. What wrong did that child do? For those who lost their lives, the only criminal offence that they could have done is to go to worship their God. I think it is time that this nation comes out strongly to refuse to continue condoning and tolerating people who are hiding behind religion or any ideology or belief to kill fellow Kenyans and fellow human beings.

In my opinion, and as a Christian, the Bible states very clearly that when you are slapped on one cheek then you should turn the other. What is not very clear is how many times you are supposed to be turning your cheeks. This is not indefinite.

The Senate Majority Leader (Sen. (Prof.) Kindiki) On a point of order!

What is your point of order, Senate Majority Leader? Do you want to give the number of times?

On a point of order, Mr. Deputy Speaker. I do not want to give, although I know the number. I was listening to Sen. Ongoro. She was making a very important contribution that relates to a very serious matter that is relevant to our country today. This is about the security incident.

However, I was just wondering whether she is in order in terms of the rules of relevance and if whatever she is saying applies to the Calendar of the Second Session of the Senate.

Can you quote for me the Standing Order that you are relying on?

Sen. Kindiki, there is a Standing Order that talks about rules of relevance. I want you to quote it and to tell me what it says.

Mr. Deputy Speaker, Sir, is it in the new Standing Orders or the old ones?

Mr. Deputy Speaker, Sir, this is a straight forward Motion and I think it should not be subjected to any amendment. This is an opportunity for this House to air its views and what the problem would be in the next one year. It shows that the management of the Senate is doing a very good job because we can see them planning. If we do not plan today, we may remain unplanned. Therefore, it is important for us to appreciate what the Senate Majority Leader has put forward to us.

I hope that during recess, there will be no incident which will warrant this House to be recalled. It has been a practice in the past that during recess many things happen. I do not know why it happens during the recess. May be this time round with the new system of governance, things may have changed. I believe it has changed because we have very energetic leadership. We think the leaders of this nation will do what they say. I believe that they have a lot to lose if they do not stick to what they say.

Mr. Deputy Speaker, Sir, we, as a Senate, need to be aware that if this country does not do well, it will not spare any one of us. Therefore, all of us must be concerned with the security of this nation. There is insecurity all over, including Mombasa and Nairobi. We need to be extremely concerned, especially during the recess. The things which are going on in Mombasa County are matters of grave concern and we cannot see the end of it. These issues of terrorism started many years ago with the Palestinian movement and later it was taken over by Muslim extremists. We need to know that it is not the resolution of this House or through Cabinet meetings that will stop what is happening. It is when we decide to change our system of management of our security because we have to consider that this matter has been there for many years. We have to go by experience and look at those who have been fighting terrorism for many years. We should learn from them whether they were able to change anything. Many terrorists are freedom fighters of a certain group. We have to keep in our mind that we are dealing with

Mr. Deputy Speaker, Sir, can I rephrase my point of order? My point of order is: Is Sen. Ongoro in order to discuss the insecurity in Mombasa while we are discussing the Calendar of the Second Session of the Senate?

Senate Majority Leader, are you satisfied or do you want to persist?

Mr. Deputy Speaker, Sir, for the record, I think I am not against women and I am not discriminatory. I just raised a very valid issue. For the record, I support and respect every Member of this House.

Thank you very much for supporting and respecting me. Women, children and Kenyans who have committed no offence have also lost their lives. To state that I am angry is a big understatement. I believe my emotions are reflective of the many Kenyans who are out there. For how long will we tolerate the killing of innocent people and yet we claim to be a sovereign state?

This is the highest form of insecurity. If you cannot be secure in a house of worship, a church, which even during war is sacred, where are you safe? During the years, we have seen an orchestrated attack towards the Christian religion pointed and directed at the places of worship.

The other day, in a church in Eastleigh, we lost many children who were attending Sunday school classes. We have had a record number of churches in this country attacked. What is amazing is that we are not seeing very strong statements from the leadership of this country and even from religious leaders. We have not heard them condemning this. However, when I make such statements in the Senate, which is the Upper House, the Senate Majority Leader, who leads the majority in this country, who are being killed day and night, does not see my point.

I stated that I have read the Bible which states that when you are slapped on one cheek, you should turn the other.

Sen. Ongoro, with respect to you and although I heard you quote Sen. G.G. Kariuki and what he said, if you look at Standing Order No.109, you will see that it refers to this matter. I do not propose to stop you because you are raising very important issues. However, yesterday, we had a Motion of

On a point of order, Mr. Deputy Speaker. I do not want to give, although I know the number. I was listening to Sen. Ongoro. She was making a very important contribution that relates to a very serious matter that is relevant to our country today. This is about the security incident.

However, I was just wondering whether she is in order in terms of the rules of relevance and if whatever she is saying applies to the Calendar of the Second Session of the Senate.

been the actual place to ventilate the issues of national importance that you are now raising.

Standing Order No.109 talks about relevance. That does not mean that what you are saying is not important. No! I would be the last person to rule on that issue and say that. However, as the Senate Majority Leader said, we are now dealing with a statistics Motion which you started by saying is clear and does not need an amendment. That is how you started your contribution. That is the question that one has.

I heard most Members who contributed on this issue saying that the calendar is important because you can arrange your own diary and know when you will go back to the county or where you represent. They then raised the issues that they would talk about and the importance of knowing that they will be on recess for 46 days because they will talk about security, insecurity, Katiba or whatever else they want.

I think this depends a lot on how you couch your entry point of debate to these issues. However, the rule of relevance is there. Although I will not raise it myself, when it comes from an hon. Senator, it is my duty to consider it and give it due consideration and ruling.

Thank you, Mr. Deputy Speaker, Sir. I still want to say that I feel very relevant in my debate. This calendar that has been presented here contains a proposed recess for 46 days. I am building my case towards supporting the activities that we are supposed to undertake during the recess. That is why I am presenting my case.

I started by saying that I am supporting the calendar as presented; without amendments. The calendar contains a proposed recess. I want to conclude by making a proposal to Members on the activities that we should engage in during the recess; which, I cannot present without building a case to support my presentation.

What I am presenting touches on the security of our nation. I am building my case by saying that the attacks on churches are becoming too frequent. During the recess, we, as leaders in this nation, should all try to get to the root bottom of this. Children who are the future of this nation are losing lives.

I want to state, because we, as a nation, are supposed to remain united and not to allow a section of this nation to think as if they are under siege, but we should try and understand the mindset of these very bad people who keep on killing other Kenyans. I do not know who they are, but they cannot be normal human beings.

Yesterday, I listened to the County Commissioner in charge of Mombasa making a statement that I did not agree with. He said that people should be shot on sight. I do not agree with that, but can only try to understand his frustration with this situation. I do not support what he said, that when this people are found, they should be shot on sight. That does not solve the problem. They should be arrested, interrogated and given an opportunity to express themselves and we should use them to try and understand why they do the things that they do.

Sen. Kindiki, there is a Standing Order that talks about rules of relevance. I want you to quote it and to tell me what it says.

their masters so that we know where the problem is coming from. This problem may be postponed, but one day, it may become a much bigger problem than what we are witnessing.

With this, I would also want all of us, to refrain, during the recess from making extreme political, ethnic or religious statements that might only escalate a situation that is already bad.

With those few remarks, I beg to support.

You rose on a point of order. It is upon you to tell me which one it is. I will not help you.

is not just a calendar for the Senate, but a calendar for all Kenyans to follow with regard to our programmes and to understand what the Senate is doing and, indeed, to know that the Senate has work to do, not just the way our Members in the Lower House have been talking and saying that they want to edit the Constitution. The first thing they would want to edit is to understand whether the Senate has relevance. They know very well that the Senate has a huge responsibility in terms of devolution. But because they would want to put a perception outside there; and the fear they have that Senators have been there for a while in politics and, therefore, whenever you go out there, you find yourself more relevant than they are. Therefore, they bring in a perception by trying to tell Kenyans that the Senate has no role, but it is there to stay.

Therefore, this calendar helps us even to remove that fear from the Members and even from the citizens. They will understand that, indeed, the Senate has a huge role. Indeed, the Senate has a calendar that it follows to do its work. The Senate is open and that if you want to audit them or if you want them to be accountable for what they do, it is a matter of looking at their calendar. So, we will know the date to walk into the House and when to proceed to recess. You are invited to sit in the gallery and watch them debate on the different issues that are affecting Kenyans.

Mr. Deputy Speaker, Sir, as I finalize, I just want to thank the Senate Majority Leader and the RBC for making that effort and for ensuring that, indeed, we have passed this calendar. I just hope and believe that it will be a guide in terms of us doing our Business.

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

Thank you, Mr. Deputy Speaker, Sir, for giving me a chance to contribute to this Motion. I wish to support the Motion and congratulate the RBC for a job well done. I know it has taken them a long time to come up and compile all this report.

Mr. Deputy Speaker, Sir, this is a very good calendar; it gives us clearly when and what we ought to be doing. The main reason I support it is because it has given us the vacation dates. These vacation dates will be well utilized, especially with the Committees which, as we all know, have been increased. There is a lot of work. It will give us time to network with all like-minded partners. For those who would desire to do research, to do benchmarking or any other important thing which will enable us exercise our work properly and to lead the country to where we desire. It is also a time where, especially during the recess, the Senators can utilize to build their capacities and even the capacities of their colleagues within the counties.

Mr. Deputy Speaker, Sir, I would like to speak specifically about the Committee on Delegated Legislation, where I sit. We had started the exercise of building the capacities of our colleague Members who are in the Committee on Delegated Legislation within all the counties. This will give us a good opportunity to continue doing that so that, being the pioneer Senate after the promulgation of the new Constitution, we really

Senate Majority Leader, are you satisfied or do you want to persist?

generally also to create awareness among the people at large in the country. So, this will give us a well focused programme. I, therefore, beg to support.

Thank you, Mr. Deputy Speaker, Sir. Sen. (Prof.) Lonyangapuo, you have not contributed?

Proceed.

Mr. Deputy Speaker, Sir, I also rise to support this Motion as brought by the Senate Majority Leader stating the calendar for the Senate for the whole of this year. It stipulates exactly what we are supposed to do, when and the real Business of that particular time.

Mr. Deputy Speaker, Sir, you note that all of us remember that it is exactly one year since we came in as the Senate. There have been a lot of challenges that we have gone through. Indeed, as we go into year two, we need to look back and take stock of what we have achieved and how much we are yet to achieve. Particularly looking at the devolution business, I see that the Senate Majority Leader has really given us a time table which has a lot of business sponsored by himself and the Senate Minority Leader and touches mainly on what we are going to do, what we need to put up an anchor so that devolution can thrive.

Mr. Deputy Speaker, Sir, it is just the other day that we strengthened the Committees and we even introduced new Standing Committees in the Senate. One of the key Committees that were not in existence is the Public Accounts and the Public Investments Committee, for which a lot of work is now going to come as we complete one year. I believe that the relevant Committee Members, particularly during the recess that we are going into in the next few weeks, will have a lot of time to sit – nearly daily – to look at the books that will have already come through from the Auditor-General touching on the counties.

It is time that we rectified what we were unable to put into focus in the first year, rectify it as the Senate. As we go into year two, we need to put into perspective what is required. There have been a lot of misunderstandings, people sometimes do not know the role of the Senate and you can imagine that sometimes a lot of the Business of the Senate is quickly taken up by our colleagues in the Lower House. It is, indeed, the right time that, as we produce this almanac calendar, we need to assign ourselves duties to know the relevant Government departments that are supposed to produce Bills which are supposed to be discussed by the two Houses. We should sit down and produce work that is appropriate for each House to avoid the confusion that normally occurs when people are thinking that a lot of business is transacted in the Lower House, yet it touches on the Upper House.

If we were as militant as some people would have imagined, we would have already stormed some of these departments and brought the business to ourselves. We also did not want to shame the Executive for dealing with some of those Bills that have

a specific business is, indeed, laudable. The Senate is able to pronounce itself where even members of the public can examine and know what business is being tabled and at what time.

Again, Mr. Deputy Speaker, Sir, as you note, this week has been a serious time in Kenya where we have had a bad attack by elements that want to destabilize and make the people of Kenya fearful. The Senate, which is the Upper House, needs to critically think and look, as we adopt the business that will come before this House. We want to see to it that some of the Motions, Bills and business that we will be discussing improve the existing laws. We want also to see to it how we can make each of us accountable to ourselves and how we can assign ourselves duties. Remember that there is no other patriotic person than myself, yourself and every Kenyan in the villages and counties that we represent.

This Motion also calls upon all of us, as Senators, to take our work seriously to the extent that when we are given work, we should not imagine that being the Senator of West Pokot, I should be absent on my duty. How would I explain to myself the salary that I earn? Sometimes, I keep hearing people talking about allowances, which I do not know; do they exist or are people just imagining? Sometimes we end up saying that we want to give out allowances which do not exist.

Mr. Deputy Speaker, Sir, when we have come here, we need to transact business and stand tall. We, as the Senate, should use this time of recess to visit our counties. I want to host the whole Senate in West Pokot, even if it is under a tree. What is the problem with that?

need to stand to support it. Like I did mention earlier, we can only make it better by presenting ourselves with all the work and presenting rich Motions and Bills that we need to be undertaking.

Madam Temporary Speaker, I beg to support.

I now call upon the Mover to respond.

This Motion before the Senate does not affect counties---

Thank you, Mr. Deputy Speaker, Sir, for giving me a chance to contribute to this Motion. I wish to support the Motion and congratulate the RBC for a job well done. I know it has taken them a long time to come up and compile all this report.

Mr. Deputy Speaker, Sir, this is a very good calendar; it gives us clearly when and what we ought to be doing. The main reason I support it is because it has given us the vacation dates. These vacation dates will be well utilized, especially with the Committees which, as we all know, have been increased. There is a lot of work. It will give us time to network with all like-minded partners. For those who would desire to do research, to do benchmarking or any other important thing which will enable us exercise our work properly and to lead the country to where we desire. It is also a time where, especially during the recess, the Senators can utilize to build their capacities and even the capacities of their colleagues within the counties.

Mr. Deputy Speaker, Sir, I would like to speak specifically about the Committee on Delegated Legislation, where I sit. We had started the exercise of building the capacities of our colleague Members who are in the Committee on Delegated Legislation within all the counties. This will give us a good opportunity to continue doing that so that, being the pioneer Senate after the promulgation of the new Constitution, we really

those of orphans and children from poor families on account of fees balances; aware that Section 10 (1) (b) of the Kenya National Examinations Council Act (No.29 of 2012) outlaws the withholding of certificates by any person or institution; the Senate urges the National Government to take immediate measures to release all certificates held by heads of secondary schools since 2007 and to ensure that no head of a school, person or institution continues to withhold KCSE certificates. Madam Temporary Speaker, you would have noticed that I came here carrying a very huge file. This file is historical because in November, 2004, Parliament passed a Motion, that I sponsored, which is more or less similar to the one before us. At that time, over half a million certificates of children from poor backgrounds were held by schools. This Motion which we passed was not implemented. Parliament exerted pressure. In 2006, I had 145 Members of Parliament sign a petition to effect on behalf of these children. As the court was about to give its ruling in August 2007, the former President Mwai Kibaki ordered that all certificates be released. Indeed, they were released, but only up to 2006.

Madam Temporary Speaker, from 2007 until now, the certificates of poor children are being held by schools on account of school fees balances that have not been paid. This means that those children from poor families, mainly orphans, who even scored very highly in KCSE could not get their certificates up to now and, therefore, cannot access employment. The only crime that they have committed is that they were born in poor families. These certificates are being held as security.

Madam Temporary Speaker, in order to permanently put this issue to rest, in August 2012, during the Ninth Parliament, I sought the indulgence of the then Minister for Education, the late Mutula Kilonzo, to put an amendment in the Kenya National Examinations Council Act which was being debated. I have already circulated a copy of an excerpt of that Act. Act No.29, Section 10 (1) (b) reads:-

“Functions of the Kenya National Examinations Council- To award certificates or diplomas to candidates in such examinations and such certificates shall not be withheld from the candidates by any person or institution.”

Madam Temporary Speaker, this law was passed and I thought that the matter was finalized. A year and a half since the passing of this law, schools continue to withhold certificates of these children. I want to inform the Senate that this matter has been brought to this House severally. I wrote to the Cabinet Secretary for Education, Prof. Kaimenyi, on this matter, drawing his attention to the law and requesting him to order schools to release these certificates. To date, the Professor has ignored or refused to even acknowledge my letter. I even went further and wrote to the Attorney General of this country, asking him to draw the attention of the Cabinet to the law. To date, again, even the Attorney General has not acknowledged my letter.

Mr. Deputy Speaker, Sir, I also rise to support this Motion as brought by the Senate Majority Leader stating the calendar for the Senate for the whole of this year. It stipulates exactly what we are supposed to do, when and the real Business of that particular time.

Mr. Deputy Speaker, Sir, you note that all of us remember that it is exactly one year since we came in as the Senate. There have been a lot of challenges that we have gone through. Indeed, as we go into year two, we need to look back and take stock of what we have achieved and how much we are yet to achieve. Particularly looking at the devolution business, I see that the Senate Majority Leader has really given us a time table which has a lot of business sponsored by himself and the Senate Minority Leader and touches mainly on what we are going to do, what we need to put up an anchor so that devolution can thrive.

Mr. Deputy Speaker, Sir, it is just the other day that we strengthened the Committees and we even introduced new Standing Committees in the Senate. One of the key Committees that were not in existence is the Public Accounts and the Public Investments Committee, for which a lot of work is now going to come as we complete one year. I believe that the relevant Committee Members, particularly during the recess that we are going into in the next few weeks, will have a lot of time to sit – nearly daily – to look at the books that will have already come through from the Auditor-General touching on the counties.

It is time that we rectified what we were unable to put into focus in the first year, rectify it as the Senate. As we go into year two, we need to put into perspective what is required. There have been a lot of misunderstandings, people sometimes do not know the role of the Senate and you can imagine that sometimes a lot of the Business of the Senate is quickly taken up by our colleagues in the Lower House. It is, indeed, the right time that, as we produce this almanac calendar, we need to assign ourselves duties to know the relevant Government departments that are supposed to produce Bills which are supposed to be discussed by the two Houses. We should sit down and produce work that is appropriate for each House to avoid the confusion that normally occurs when people are thinking that a lot of business is transacted in the Lower House, yet it touches on the Upper House.

If we were as militant as some people would have imagined, we would have already stormed some of these departments and brought the business to ourselves. We also did not want to shame the Executive for dealing with some of those Bills that have

Madam Temporary Speaker, first of all, I want to thank Sen. Musila, the Senator for Kitui, for the concern that he has expressed through this Motion on the plight of poor students in our public secondary schools. I also thank him for the relentless effort that he has made to ensure that this matter is resolved.

Madam Temporary Speaker, as you have heard, in November 2004, Parliament, the supreme legislative organ of this nation, passed a Motion seeking the release of all

need to stand to support it. Like I did mention earlier, we can only make it better by presenting ourselves with all the work and presenting rich Motions and Bills that we need to be undertaking.

Madam Temporary Speaker, I beg to support.

You will find that these certificates belong to students from poor families, orphans and children of single parents. So we are denying them opportunities for personal advancement and this should never be allowed to happen in Kenya now.

You will recall that in 2003, the NARC Government introduced free primary education to allow access to education for all children in Kenya irrespective of their social or economic status. You will remember that this was received with considerable relief at that time. Later on in 2008, the Coalition Government extended this gesture to day secondary schools, again with specific intentions to allow poor students to benefit. So, by withholding the school certificates, we are reversing all the gains. I think we should not allow this to happen. We are subjecting these students to extreme suffering because they cannot join any college. Eventually, they degenerate into despair and hopelessness. These are the people who are cultured into all these acts of terror and crime. Some of them drift into drug abuse, petty crimes and later into major crimes. For female students, if their certificates are withheld, they start roaming the streets of our towns. The cure to this is what Sen. Musila has prepared in this Motion. We should stop this practice immediately and release these certificates to students so that they can get on with their lives.

Madam Temporary Speaker, this is an important Motion which this House must support immediately, pass and together with the national Government through the Ministry of Education ensure that this practice is stopped immediately in our schools. As a nation, we need to move together.

With those few remarks, I beg to second.

Madam Temporary Speaker, thank you for giving me this opportunity to contribute to this Motion. First and foremost, I wish to say that this is very embarrassing. It is a great shame to our nation. This is a nation which says that it has an education policy of free education until secondary level. The other day the whole country was in an election mode. Every political party had a manifesto indicating that they will offer free education from primary to secondary level but we still see schools withholding certificates. This is hypocrisy and double standards. Do we want to say that we have not had a government from 2006 or is it the Government which is not sensitive to the needs of students? I remember when the late Prof. Saitoti was the Minister for Education, parents were harassed left, right and centre and told that they must take their children to school.

It is an offence under the Children’s Act and the Constitution if one does not take a child to school but what is the point of subjecting this young mind to grueling exams after burning the midnight oil studying and then they are denied certificates? It is indeed very sad and uncalled for. This should not be permitted in all circumstances. We told the

This Motion before the Senate does not affect counties---

are punished accordingly because this is a shame and this situation ought not to continue.

We conduct harambees everyday to contribute money to children who want to go to school, those who are dying and others who are poor and yet we are the same ones stopping children from having their certificates.

I beg to support.

from the Chair of the Committee on Education. A Statement was brought by the former Chairman, Sen. Mutahi Kagwe, and the Senate rejected it and asked him to bring another Statement. As of today, we have not received any answer to the questions that we asked. Therefore, I felt obliged to bring this matter to the Floor of the House, so that this Senate can send a strong signal to the national Government, particularly, the Cabinet Secretary for Education, that he is breaking the law by withholding certificates of students who did their examinations seven years ago.

Madam Temporary Speaker, you know very well that no one would allow his or her certificate to be held for seven years if he was able to pay the amount that he or she owes. These students were allowed to continue by the heads of schools, did their examinations and most of them passed very well, because it is known that children from poor parents pass very well. But because of the fees balances which they could not pay, the heads of schools have taken those certificates as security, which is illegal. Therefore, I urge this House to send a very strong message.

Madam Temporary Speaker, I am pleased that Sen. Karaba was today elected as the Chair for the Committee on Education, and he was with me when we were fighting for the original Motion to release the certificates. He was then the Chair. What a coincidence that today, the Chair that we dealt with this issue at that time is now also the Chair! So, I am very confident. Knowing the Senate Majority Leader here, being my very good neighbour across the river, I am sure that this matter is not going to end here; failure to which, I will do exactly what I did in 2007. I will go to the High Court of Kenya to seek orders for the Government to release the certificates, but is it worth that?

Madam Temporary Speaker, since we have an able Chair, an equally able Senate Majority Leader and a very effective Senate, I am very confident that this matter will be resolved. This is a matter affecting about 500,000 former students of secondary schools of this Republic who are waiting to get their certificates. They cannot seek or access employment in the Army or wherever, because their certificates are held. Therefore, they are condemned to permanent poverty by a Government that professes to be pro-poor. How can you say that you are giving poor people cash transfers of Kshs2,000 each and ignore orphans who did examinations seven years ago and keep their certificates? I hope that this matter will be resolved once and for all and the poor students whose certificates are being held illegally are released forthwith.

Madam Temporary Speaker, I beg to move and request Sen. Obure from Kisii County to second my Motion.

Madam Temporary Speaker, first of all, I want to thank Sen. Musila, the Senator for Kitui, for the concern that he has expressed through this Motion on the plight of poor students in our public secondary schools. I also thank him for the relentless effort that he has made to ensure that this matter is resolved.

Madam Temporary Speaker, as you have heard, in November 2004, Parliament, the supreme legislative organ of this nation, passed a Motion seeking the release of all

required that schools stop the practice of withholding certificates. Indeed, the Government then issued instructions to all heads of schools to release any such certificates held. Indeed, some of the certificates were released, but only once, at that time. We have even seen that subsequently, legislation was passed in the National Assembly, through an amendment to the Kenya National Examinations Council Act. That amendment was very specific that certificates shall not be withheld from the candidate by any person or institution. That is a law passed through an Act of Parliament.

Madam Temporary Speaker, one would ask: “Why are we being called upon to debate this Motion?” A number of fundamental issues are being raised through this Motion by Sen. Musila. First, this is really a signal that free primary and secondary education is not working in this country. Secondly, it is really a signal of the depth and extent of impunity in this country.

Madam Temporary Speaker, the fact that law cannot be enforced and Parliament will pass laws which nobody cares to implement, is precisely what we were trying to address. When we rafted the new Constitution, we wanted to ensure that the citizens of this country operate within the law. The law is supposed to be obeyed, practised and to guide our lives. This is what we were trying to achieve when we passed the current Constitution. This also shows that our systems have virtually collapsed and we should not be talking about this in this House again. We should be asking the law enforcers including the Director of Public Prosecutions (DPP) to explain to us why action has not been taken against those violating the law.

Madam Temporary Speaker, fees and payments to schools for our children is the responsibility of parents or guardians. What are these schools achieving by holding certificates of students? They should be looking for other means of recovering money from the parents. They should be looking for other forms of punishment to the parents and not the students. The Constitution of Kenya under the Bill of Rights gives every Kenyan child the right to education. The children have gone to school and exercised their rights but once they have finished school and are due for award of certificates, they should be given the certificates without anybody feeling that they have a right to withhold them. Nobody has a right to hold the certificate of a student.

Madam Temporary Speaker, the second point that I want to raise here is that the Kenya National Examination Council (KNEC) by law, examines students but in the same law, the Council is supposed to award certificate to students directly and not through schools. Why is KNEC not doing that? When I studied in those years in Cambridge, there was a direct relationship between myself as a candidate and the Cambridge Institute. That certificate was awarded to me directly and not through the school where I went. Therefore, we should be insisting that the KNEC which has a direct relationship with a candidate who is examined, to be giving the certificates directly to the students.

Madam Temporary Speaker, with increasing levels of poverty in this country, the majority of students from poor families are the ones who are finding themselves as

You will find that these certificates belong to students from poor families, orphans and children of single parents. So we are denying them opportunities for personal advancement and this should never be allowed to happen in Kenya now.

You will recall that in 2003, the NARC Government introduced free primary education to allow access to education for all children in Kenya irrespective of their social or economic status. You will remember that this was received with considerable relief at that time. Later on in 2008, the Coalition Government extended this gesture to day secondary schools, again with specific intentions to allow poor students to benefit. So, by withholding the school certificates, we are reversing all the gains. I think we should not allow this to happen. We are subjecting these students to extreme suffering because they cannot join any college. Eventually, they degenerate into despair and hopelessness. These are the people who are cultured into all these acts of terror and crime. Some of them drift into drug abuse, petty crimes and later into major crimes. For female students, if their certificates are withheld, they start roaming the streets of our towns. The cure to this is what Sen. Musila has prepared in this Motion. We should stop this practice immediately and release these certificates to students so that they can get on with their lives.

Madam Temporary Speaker, this is an important Motion which this House must support immediately, pass and together with the national Government through the Ministry of Education ensure that this practice is stopped immediately in our schools. As a nation, we need to move together.

With those few remarks, I beg to second.

Madam Temporary Speaker, thank you for giving me this opportunity to contribute to this Motion. First and foremost, I wish to say that this is very embarrassing. It is a great shame to our nation. This is a nation which says that it has an education policy of free education until secondary level. The other day the whole country was in an election mode. Every political party had a manifesto indicating that they will offer free education from primary to secondary level but we still see schools withholding certificates. This is hypocrisy and double standards. Do we want to say that we have not had a government from 2006 or is it the Government which is not sensitive to the needs of students? I remember when the late Prof. Saitoti was the Minister for Education, parents were harassed left, right and centre and told that they must take their children to school.

It is an offence under the Children’s Act and the Constitution if one does not take a child to school but what is the point of subjecting this young mind to grueling exams after burning the midnight oil studying and then they are denied certificates? It is indeed very sad and uncalled for. This should not be permitted in all circumstances. We told the

people who are causing darkness by blocking the young men and women from pursuing their dreams. They cannot get free scholarships to leave this country to go and study elsewhere, be paid for school fees and compete with the international world because they have been denied these certificates.

After the current Chief Justice took up the mantle, we have seen some reforms taking place. He went round this country and showed us the state of some court registries. Some had rats, cockroaches and even termites which would destroy the files.

Are these principals or heads of institutions telling us that they have kept these documents safely? We have seen that some of these schools do not have classrooms. Where are the certificates being kept? Someone must be responsible. They should and must be given to these young persons.

These are students and I feel for their parents. By the time these children went to school, education was not free. They had to suffer to sell their few chicken, cows and goats. Now that I have had the chance to visit some counties like the one that the Mover of the Motion comes from, I know that it can be very hot. Most people there toil in the hot scorching sun to educate their children and yet they are prevented from realizing their dreams. When these parents get tired, who will help them? If you have prevented their children from pursuing higher education, what kinds of jobs can they get? What job can you get today with a Form Four certificate? Even the recruitment of a security guard requires one to have more qualifications. This is not permissible and we urge the national Government; the Jubilee Government, to ensure that these certificates are released to former students knowing that the leadership loves education and are well educated. They should also give young people a chance.

This will take care of idleness and bitterness. This is a group that has been very bitter and angry. That is why someone would stone you if you are living in a big palatial home and driving a big car. You will be stoned for no reason by someone who is very bitter. These people are being denied a chance to reach the highest that we have reached in the economy. They have seen their parents get tired taking care of them and they know that their parents will die poor because there is nothing they can do. They cannot even educate their younger siblings. This will only increase poverty. We have been talking about growing the economy but at this rate, we cannot do it if we do not cater for the youth who are young people.

The Government should come up with ways of ensuring that school fees arrears are paid using other ways. For instance, if the former students were used to construct new classrooms or desks, they would have completed by now and paid off their debts. Why can they not be allowed to do so? Madam Temporary Speaker, this is, indeed, a very cruel violation. It violates the right to education of the young people. If the Ministry in charge, through its bodies, cannot release the certificates, I am willing to be one of the lawyers who will go to court to ensure that these children get their rights even if it means

are punished accordingly because this is a shame and this situation ought not to continue.

We conduct harambees everyday to contribute money to children who want to go to school, those who are dying and others who are poor and yet we are the same ones stopping children from having their certificates.

I beg to support.

Thank you very much, Madam Temporary Speaker, for giving me this time to also thank Sen. Musila for doing a commendable job. Before he moved this Motion, I was seated next to him and I was impressed to see the arrangement of papers that show the first time that this Motion was moved from November, 2004. As he moved the Motion, it is already on record that I opposed it. I opposed it because I knew the repercussion that it would have on the head teachers of secondary schools. At that time, I had just moved from being a head teacher to become a parliamentarian. I could, therefore, see the agony that the Motion would put the head teachers through at that time;

certainly he will go to the university and that is what happens.

But what happens is that those people who do not perform so well will not even be sympathized with by the community. But if a boy passes his examinations very well, the community will sympathize with him and pay for him all the fees arrears so that he can proceed with his studies at the university. That has happened, and you find that accrued fees arrears are paid after the four years. But there are times when such things do not happen. You find there are grievances which were there before, but the parents and the headmaster will not even feature anywhere. The students takes off, the parents take off and they have forgotten that the student was in school. That is the nagging problem that we are now facing, and that is why Sen. Musila is now agonizing; that the Motion has now come to the Senate.

If the parents had agreed to meet the obligation by paying the fees on time, we will not be having problems of certificates of former students being withheld. Because as far as parents are concerned, the headmaster will hold that certificate on the promise they gave the headmaster. But when the students fail in their exams, the same thing continues. But the lack of information that we were discussing earlier in the Motion has made the parent suffer because of the ignorance that after the Form Four and maybe the Form Six; maybe after the university or the college, the certificate will be withheld. But what startles every other person is that you may have somebody in Form Four having accumulated fees balances of about Kshs80,000, but he will afford to go to the university after that and pay fees; or he may go to another college and afford to pay fees. So, you can, therefore, see that we get mixed reactions from the parents on their promises.

So, Madam Temporary Speaker, these promissory notes could be false. I would, therefore, ask myself; what do we do to make sure that this money is paid? Because if you do not pay your fees now, of course, the principal will be held responsible and accountable for fees not paid, and he can be disciplined. The only discipline he can be given is sometimes to be sacked, because some roles are clearly stipulated in the Teachers Code of Regulations. For instance, if you do not collect fees, then you will be sacked; you do not even qualify or you are not even worthy to be the head of that school because you have not collected money.

So, Madam Temporary Speaker, Sir, this Motion is asking us to address ourselves to the question: why does it happen? Why is the Government taking this long? Is it that they are realizing that there is a lot of money which is held by the parents? Is there a way that, maybe, you can get the parents to pay this money through other methods like through the Constituencies Development Fund (CDF), because the CDF is there? Can the CDF, since it is about devolved funds--- I do not know, it is not devolved; but that money can be used to pay up the debts, and some provision is there.

Is there a way that we can sweet-talk those people holding the Constituencies Development Fund (CDF), so that we can also bail out the school head who will have saved this boy from collapse, because he will now have a certificate? We are, therefore,

the Government also tell us what happens to a Bill which is passed and assented to and then nothing happens from there. What is the Committee on Implementation doing? There appears to be a tussle in the Ministry of Education. The Secretary of the Kenya National Examinations Council says that the certificates are supposed to be given and then the Cabinet Secretary says that they should not be released. The Government again says that this should happen. Why can they not have this problem solved once and for all, and from maybe next year, if there will be anybody who will not have gotten their certificates, we can resort to another method of releasing certificates and paying the money that they owe, because that is the money that the school heads will have held to pay for the services rendered and even for the students who will join the school in future to continue with. So, I see this Motion as a wake-up call.

Madam Temporary Speaker, we need to find out exactly what is the genesis and root cause of this problem. If we can get to know exactly the root cause, we can come up with a solution and that is the only way that we can solve the agony of my friend, Sen. Musila.

Madam Temporary Speaker, I beg to support.

Thank you, Madam Temporary Speaker. I also rise to support the Motion, knowing very well that under Article 43 of the Constitution, on social and economic rights, education is one of the rights for every Kenyan.

Madam Temporary Speaker, we have to look at the challenges that we have faced for many years. I remember very well that during the former President Kibaki’s time, he had to ask the heads of schools to release the certificates of those students who had finished school, but could not get their certificates due to lack of school fees. This Senate can now resolve this issue once and for all. We need to ask ourselves: Are all the certificates that are being held for children from poor families? This is something that can be confirmed within the schools. The schools can provide this information and the Government can then step in and order the release of certificates of these former students.

But where did this idea of withholding certificates come from? I think that it is an old policy that should be done away with, because it discriminates against those who do not have certificates. They cannot move on and achieve higher levels of education or even look for jobs. That certificate can also give you an informal job or even an internship, where you can get money and continue with your education.

Order, Senator! You have eight minutes remaining to continue with your debate when the Motion next comes up for debate.

Hon. Senators, I want to also take this opportunity to remind you that tomorrow’s Sitting will take place at the National Assembly, Main Chamber. It is a Joint Sitting of Parliament. It would have been in order if they joined us here but, of course, our Chamber is much smaller. So, we have honourably accepted to move to that Chamber. That is not indicating by any means that we are conceding any ground.

Hon. Senators, it is now time to interrupt the business of the Senate. The Senate stands adjourned until tomorrow, Thursday 27th March, 2014, at 2.30 p.m.

The Senate rose at 6.30 p.m.