November 27, 2013 SENATE REPORTS

Wednesday, 27th November, 2013

Hon. Senators, let us determine if we have a quorum.

Hon. Senators, I am informed that we have no quorum. Therefore, I order that the Division Bell be rung.

Hon. Senators, I order that the Division Bell be rung for additional five minutes.

Order, Senators! We now have quorum, we may commence our business.

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

What is it, Sen. (Prof.) Kindiki?

Mr. Speaker, Sir, given the challenges we are having with raising quorum in this House especially on Wednesday morning, I want to seek your direction whether you can guide us especially with regard to meetings being held outside this House which are running concurrently with the sittings of the Senate. Yesterday, there was a meeting with the Executive; today, I understand that a number of women Senators are having another meeting outside the Chamber. If you can help us in this regard, maybe, it can solve some of the problems we are having of raising quorum especially on Wednesday mornings.

November 27, 2013 SENATE REPORTS

Sen. Karaba, which one comes first?

Mine!

Proceed, but my observation was that you raised a point of order while you were still seated, then you rose after. You should have stood up first, then raised your point of order.

We are all learning and some of these things are taking too long.

Order, Sen. Karaba! The Speaker is not learning and secondly, I know you better than you think. You are a teacher and rose to become a principal, a good one at that and you have been in Parliament before.

I also become the President of African Confederation of Principals.

Absolutely.

Mr. Speaker, Sir, sometimes it is time wasting to be here very early. For me I have been here every Wednesday. Therefore, I suggest that we make a tentative list of 15 or 20 Senators who will be here next Wednesday by 9.00 a.m. That would be a better thing. What is happening is that every person is waiting for the other person to come to raise quorum. If we can have a list of who will be next, they will be here earlier.

Mr. Speaker, Sir, I want to plead with my fellow distinguished Senators that these are matters over which you can call a Kamukunji and we discuss them. I really plead with my colleagues.

Mr. Speaker, Sir, I concur with Sen. Janet that Sen. Karaba is not in order. Is he in order to almost imply that not all of us are supposed to be here, when we were elected to come here and should keep time? Everything else can be discussed in a Kamukunji.

I do not know to what extent you can declare somebody out of order for expressing an opinion. It depends on whether that opinion is not truthful, is demeaning or casting aspersions on somebody’s character. I think that he is just a concerned Senator and I would not rule him out of order. What is, of course, very clear is that these matters can be discussed better in a Kamukunji than in Plenary. So, it is just a matter of where it is discussed, but the issues are still valid. It is just like asking: Should we discuss an issue in the Plenary or Committee? I think that, that is the question that Sen. Lonyangapuo and Sen. Ong’era are raising, and I am sure Sen. Karaba has taken counsel.

On the issue raised by Sen. Kindiki, first, we have a schedule of the Parliamentary calendar with its business. We sit on Tuesday afternoon, Wednesday morning and afternoon and on Thursday afternoon. Therefore, it is incumbent upon each and every Senator to know that as you leave on Tuesday evening, you need to be here on Wednesday morning. Have you ever noticed the Chair being absent? The Chair is always

November 27, 2013 SENATE REPORTS

Mr. Speaker, Sir, I beg to move the following Motion:- THAT, aware that cities, towns and urban areas in Kenya are increasingly getting overpopulated leading to overstretching of services and amenities; concerned that improper management of waste has become a major cause of pollution of neighborhoods, water sources and other natural resources leading to rise of environment-related diseases which cause many deaths; further concerned that in most urban areas, waste is dumped in an uncontrolled manner posing a great challenge to the wellbeing of urban dwellers, particularly those living near dumpsites; acknowledging that the problem continues to rise despite the efforts made to mitigate the problem through various statutory bodies, private entities and communities; the Senate calls upon the national Government to take immediate steps to develop effective waste management regulations and

November 27, 2013 SENATE REPORTS

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

What is it, Sen. Mutula Kilonzo Jnr.?

Mr. Speaker, Sir, I have been agonizing for the last few minutes as my good Senator was on his feet. He has mentioned that the national

November 27, 2013 SENATE REPORTS

What is your take, Sen. Mositet?

Mr. Speaker, Sir, I also looked at the Constitution, and if you check the same Schedule, at least you can see that the policies and the environmental policies are squarely the responsibility of the national Government. When I talk of waste and you look at the environment, it is really the duty of the national Government. That is why I feel that this Motion is correctly in the House, and I feel that the Senate needs to ask the national Government to come up with proper regulations of the same.

Maybe to support Sen. Mositet, the Motion is calling upon the national Government to develop regulations, and those regulations will be derived from the law; and the law is derived from policies. So, whoever does the policy will naturally have to deal with the same.

Proceed, Sen. Mositet.

Thank you, Mr. Speaker, Sir. There are quite a lot of problems that we have been experiencing in the whole country due to the way we dispose of our waste. Something which is very common in every centre is the burning of plastics found in those centres. When plastics are burned, we end up getting the furrants and the dioxins, which really affect the climate, and that is why we have the greenhouse effect contributing to global climate change.

Mr. Speaker, Sir, as I had just indicated, if we could really manage waste properly the way it should be and the way it is done in other parts of the world, we could even create a lot of employment in the whole process. From the collection point after the waste is produced to the point where it is managed at the dumpsite, it is a big process and out of that, recycling can be done and as a result, a lot of employment can be created out of this whole process.

Mr. Speaker, Sir, I call upon this Senate to support this Motion and to debate it in a manner that, at least, will result in urging the national Government to come up with the best regulations and to enforce even the existing good laws on the same.

Mr. Speaker, Sir, I beg to move and I want to call upon the ‘King’ of West Pokot, Sen. (Prof.) Lonyangapuo, who lives on the hills of Mutolo, to come and second this Motion.

Order! Order, Senators! If you are not listening, that should not be the Mover’s problem. The Chair had already intervened and he moved.

Sen. (Prof.) Lonyangapuo, you may second.

November 27, 2013 SENATE REPORTS

Mr. Speaker, Sir, as I stand to second this Motion, I do not know whether I am the one that my brother is describing as a ‘King;’ I am not. I am a servant of the people of Kenya here, and kings are not servants.

Mr. Speaker, Sir, I want to thank Senator---

Sen. (Prof.) Lonyangapuo, are you aware of servant leadership? Is a king capable of servant leadership?

Yes, he is, Mr. Speaker, Sir; except that in the context, he went overboard.

November 27, 2013 SENATE REPORTS

November 27, 2013 SENATE REPORTS

Thank you, Mr. Speaker, Sir. I rise to support this Motion. It is fair that I say that as a member of a very renown organization known as the Rotary Clubs and being a past President of my Rotary Club, I had the opportunity of visiting Mathare and Kibera slums. This issue is, in fact, a national disaster and it appears from the way we have handled it in the past that we are waiting for something to happen and yet the waste is increasing. The Dandora dumpsite is something that is always in the news but little has been done to deal with the issue of the young men and women who are making a living and carrying out very illegal activities at the Dandora dumpsite.

Recently in the print and electronic media, it was reported that there are factories that are disposing of waste into Lake Victoria. It is also not news that waste from our own Ruai dumpsite is being dumped into Nairobi River. There is also evidence that there are people who are dumping waste into Nairobi River and many other rivers. This has gone on with impunity. In the process of not dealing with this issue inspite of the fact that we have regulations and laws that govern the disposal of waste, we have let some people go and deal with this matter with impunity to the extent that they are a health hazard to very many Kenyans. Unfortunately, when you go to the Nairobi suburbs of Karen, Runda and many others, you do not find these dumpsites there. They are only found in places where the local mwananchi lives and then we allow them to live with that dump and yet we are not dealing with it.

Mr. Speaker, Sir, in developed countries it is an offence even to drop a chewing gum or even a piece of paper in the city. The Nairobi City is probably the dirtiest in the country and yet it is a place where all of us live and make a living. This is because we have ignored this issue. Unfortunately, although this is a problem, it can be turned into an income generating activity if it is properly managed. In my experience in the Rotary Club, there are people in Kibera who have turned this waste into usable energy and biogas. I am also aware of some places where they are collecting bottles and taking them for recycling.

But there appears to be no deliberate effort, at any level, particularly at the national level to address this issue. The last time there was an issue of disposal of plastic paper bags, it was opposed strongly by Parliament to the extent that the effort to deal with the disposal of these papers has not been addressed. The proposal to do away with plastic

November 27, 2013 SENATE REPORTS

Thank you very much, Mr. Speaker, Sir, for giving me the opportunity to contribute and support this Motion. It takes me back to memory lane when I was a little girl. I had the privilege of growing up in Nairobi and I remember when the First Daughter, Margret Kenyatta, was the Mayor of Nairobi, the city was extremely clean. I am not insisting that women leadership is excellent when it comes to neatness, but it could also be a major factor. By then, the Nairobi City Council had very strict rules and there was no careless littering of garbage everywhere. The department that was dealing with garbage collection worked 24 hours. From the estate where I was staying; that is, Nairobi South B, it overlooked Industrial Area where there were factories. There were very big lorries and garbage collectors that were working 24 hours to clear the

November 27, 2013 SENATE REPORTS

November 27, 2013 SENATE REPORTS

Thank you, Mr. Speaker, Sir, for finally seeing me. I would like to support this Motion and also congratulate my good friend, Sen. Mositet, for bringing it to the Senate.

Mr. Speaker, Sir, since this Senate was created, we have addressed issues of environment very now and then. I remember only the other day there was the issue of pollution of Athi River by the sewers in Nairobi and the Committee had to get out there to make sure that this was repaired. I remember also that sometime ago, there was a Motion that talked about pollution of rivers. So, this Senate has been in the forefront of drawing the attention of the country, in particular the leadership, to the environmental concerns that we have in this country.

Mr. Speaker, Sir, we have an organization called the National Environment Management Authority (NEMA) which has completely failed Kenyans. If NEMA was doing its work properly, all the issues that we are raising would not be there. We have been unable to manage simple things like polythene bags. These polythene bags which cause serious environmental hazards are scattered all over the country and we are unable to manage this. Perhaps, the starting point should be ensuring that we do the simple environmental management. We should manage the polythene bags menace in the city and countryside. We have been given the example of our neighbouring nation of Rwanda. When you get into that country, they open your boot and search it. If you have a polythene bag in your boot, you have to remove it before you enter Kigali City. Kigali City is an example that we must all copy.

Mr. Speaker, Sir, dumpsites in this country are created or started without any consideration of the health of the surrounding population. One of my colleagues talked about the one in Nakuru, on the way to Kabarak. The other day when I had the opportunity to contribute here, I mentioned the dumpsite in Mombasa, which is seen as

November 27, 2013 SENATE REPORTS

Sen. G.G. Kariuki.

Thank you, Mr. Temporary Speaker, Sir. This is a very important Motion which came from my dear friend, Sen. Mositet. Looking at this Motion

November 27, 2013 SENATE REPORTS

On a point of information, Mr. Temporary Speaker, Sir. I would like to inform the senior Senator that if you look at the National Environment Management Authority (NEMA) Act, all these laws are there extensively. I think our good Senator had indicated that those laws are there and what is required now are the regulations and their implementation. So, my senior Senator, those laws are there; the only issue we have is about implementation.

Thank you, Mr. Temporary Speaker, Sir.

Thank you for that information, which I was not quite aware of. But if there is a law whose intention is to create rules and regulations to make the law operative; then that is what we should come here to demand. But if there are no rules and regulations which have been put in a place by the Government, it has to be done immediately; and, maybe, this way, this Motion will remind the Government that there is need for rules and regulations which make this law workable; because no law will work without the machinery to make it operate.

Therefore, Mr. Temporary Speaker, Sir, I think this problem is so big that sometimes we pride ourselves all the time that Kenya is a very good country, but there are things that we do not look at. You cannot attract a visitor or an international investor to your country when the first things that he is going to see are the children collecting food from dumping areas. It is a very serious matter and it is displayed by the media. You will see the children trying to look for food from this takataka; and yet we still believe that we are doing a very good job as Kenyans.

I think there is something terribly wrong. For example, if I was in charge and then I see the kids running to look for food from these dumping areas, I think I would be very sorry. I would just cry like Mahatma Gandhi did when he saw children playing outside naked, and he knew that those were good future scientists, Senators and

November 27, 2013 SENATE REPORTS

Mr. Temporary Speaker, Sir, with all due respect to ‘Senator One,’ with the issue of---

Order, Sen. Mong’are! Who is ‘Senator One’?

It is Sen. G.G. Kariuki.

I do not know what happened this morning to this young man, the honorable Senator, because---

Order, Sen. G.G. Kariuki! There is no ‘young’ man in this House! There are only Senators.

Thank you, Mr. Speaker, Sir, for your correction; and I take it very seriously. But what I am trying to say---

I hope that my colleague Senator would listen without talking to others so that he can know what I am saying. What I am trying to say, my dear colleague is that, if this Motion had gone--- Do not try to correct me; none of you is capable of correcting me in terms of the procedure of this House; and that is a fact. We want to see something done; not just to come here and talk. If this Motion had gone to the Ministry concerned, then come back

November 27, 2013 SENATE REPORTS

The Senate Majority Chief Whip; Sen. Beatrice Elachi.

Thank you, Mr. Speaker, Sir. I also rise to support this Motion and, indeed, to thank the honorable Senator for Kajiado for moving it. When we talk about waste in this country, many people will remind us that, one, it is a place where many also have informal jobs; two, it is a business that has very serious cartels that we also need to look at as we deal with the issue at hand.

Mr. Temporary Speaker, Sir, I will start by giving an example of Nairobi County. That, indeed, we have had, for years, donors and even governments wanting to intervene and come up with a better way of managing our waste; ensuring that we have a better place to dump that waste and even recycle and use it so that it can also create employment for our young people. But what has happened is that even those who collect that waste belong to a cartel that you cannot just join and start the business; you will have to go through a process. Therefore, even if we would want to see the Dandora Dumpsite, for example, changed to become an institution that we can rely on and recycle our garbage or waste, you will find that you have to, first of all, look at what has been happening. Many are the times we have seen on our television people even killing each other. The other day, we had two gangs in Dandora who were fighting and all that brings up the issue of insecurity.

If you go to Mombasa, it is also a very sad situation; being a town where if you remember the former Member of Parliament for Mvita, now the Cabinet Secretary for Mining, Najib Balala, had done his best to give it a different look, and people used to admire Mombasa at that time. But today when you enter Mombasa County, they have come up with a proposal where they have different dumping sites where garbage is dumped and then it is collected. But then it has become even worse when you use that process. Therefore, it means that even at the moment, the counties do not even have that capacity to start managing the waste. They found waste and now they are confronted with

November 27, 2013 SENATE REPORTS

Order! Order, Sen. Haji and Sen.

Our apologies, Mr. Temporary Speaker, Sir.

You will find that they are able to manage their waste. What we are faced with is how fast the counties will manage to deal with the cartels and to sit down in one room and agree that it is time we saw some sanity in the whole industry. Kenyans should be able to dump their waste responsibly because the plastic bags can still be used for something else. We mix all the waste in one lump. If you look at where the sewage waste of Embu is deposited, it is at a very open place. We even do not know how to recycle our water for other uses whereas there is technology to do that. In our country, whenever somebody starts something, they want to own it so that nobody else can venture into your turf.

It has become like the matatu industry where if you want to get into a certain route, you have to pay some money before the matatu is allowed on that route. That is what is happening in waste collection. If you want to bring sanity in the waste collection industry, there are some people you must consult or else it will never arrive at the Dandora dumpsite. As much as we want to see things moving, the Government must find a way of dealing with the gangs that block this waste. We should deal with the blocked sewers in Nairobi and the other big towns.

Mr. Speaker, Sir, one month ago we had a very good documentation on Citizen television on dumping sites. We saw women coming out and claiming that that is where they get their daily bread and that is why they were killing each other because one had refused to allow the other one to also scavenge. So, as Senate, we do not need to request the Government, but tell the Government that there is a problem and they should first deal with those gangs in this business. We should also appreciate that there is technology and we must use it to deal with waste and recycle our water so that it can be re-used. We saw how they do it so well in China. They are able to collect, recycle and redistribute the same water within a very small area. This is something we should really think about as Senate. We should give solutions to the Government. They should know how to manage

November 27, 2013 SENATE REPORTS

Thank you Mr. Speaker, Sir, for giving me this opportunity to support this Motion. In supporting this Motion, we need to realize that dumping of waste is big business in all the urban centres. What we should do is to modernize it. When we talk about modernization, we must start by regulating the distance of the dump sites from the estates so that in the event that the county government cannot dispose of the waste, it does not affect the people who live near the dumpsite. Secondly, we must ensure that modern technology allows even households to destroy even their own waste. If you go to many countries, you will find dustbins crushing waste which becomes fertilizer which can be used for farming. Waste treatment plants are there but we need to regulate them and make sure that we bring a Bill here which will make sure that in all the county governments and all the sites, this machine is available so that whatever is taken there is separated so that plastics can be re-used. We should identify what can be used as fertilizer and biogas. The rest should be disposed of in a very scientific way.

As Sen. G.G. Kariuki said, if this Motion was given to the Committee on Agriculture, Land and Natural Resources, they would have referred it to NEMA and the concerned Ministries who would have given us some feedback. We would actually know what plans they have to make sure that they undertake this activity. It is just two weeks ago that we discussed about the discharge of waste into Nairobi River and the rest of the rivers. The Committee on Health, Labour and Social Welfare actually went to the field and I am sure some action is being taken. We do not know exactly what action they are taking.

This Motion has come at the right time. This situation does not only obtain in Nairobi, but if you go to Kisumu and the other urban centres, the dumping sites are very dangerous areas because the gangs have now made it a no go zone. They are charging fees just like in the matatu industry. Before you dispose of any waste in Mombasa, you must pay a certain group of people. These are illegal gangs who levy fees but do not pay any tax.

Mr. Speaker, Sir, this is a wake-up call to the county governments. They should take up these issues so that they can invest in waste disposal machineries that can actually crush the waste. The by-products range from fertilizer and recycled plastics. Therefore, I want to thank the Mover of this Motion. What we now need to do is bring a Bill to make sure that the county governments can enforce the rules.

Thank you.

Thank you, Mr. Speaker, Sir, for the opportunity to contribute in support of this Motion. From the onset I would like to echo the sentiments of Sen. G.G. Kariuki who said that this Motion should not go unnoticed. It has come out that the Motions that are discussed and passed in this House are not attended to by the consumers

November 27, 2013 SENATE REPORTS

November 27, 2013 SENATE REPORTS

November 27, 2013 SENATE REPORTS

Thank you very much, Mr. Temporary Speaker, Sir. I beg to support this very important Motion and thank Sen. Mositet for bringing it. This Motion affects the entire country and not only areas where individual Senators represent.

Mr. Temporary Speaker, Sir, the issue of garbage disposal is a very serious problem. It is a serious health hazard in this country. If something is not done as soon as possible, this country will suffer from different ailments, some of which cannot even be recognized by the doctors.

Mr. Temporary Speaker, Sir, we pride ourselves in Mombasa being the gateway to East Africa. So many tourists go to Mombasa and see all these things. Perhaps, we could get more tourists if we kept our country cleaner than it is now. I live along the Nairobi River Bank. We do not sleep at night and have to lock every open space, because of the stench that comes out of that river. I believe that maybe sewage is being discharged into that river. If you go to Donholm, the water in the river there is black like used engine oil and this is happening with the knowledge of all Government officers in this country.

Mr. Temporary Speaker, Sir, I disagree with the point that every Motion that we come up with should go to the Ministry concerned. If we cannot get even Statements, they will never give us any feedback to any Motion that we send to them. I think that this Motion is a wake-up call for them. Since so many Motions have been passed here, we want to request that this job should not be left only to the Clerk. There should be one specific clerk whose duty is to follow up on every Motion that is passed in this House to ensure that we get feedback from the Ministries concerned. This is because we have passed so many Motions here, but we are not getting any feedback. But this should not discourage us from articulating the problems in this country for the welfare of Kenyans.

Mr. Temporary Speaker, Sir, apart from dumping of waste, the issue of waste polythene papers is a problem affecting all the towns in this country. If you fly over some parts of North Eastern, Tana River, Samburu and other trading centres, you will see polythene bags hanging all over. When it rains, these plastic bags retain water and hence, breed mosquitoes. Is the Ministry of Environment, Water and Natural Resources and NEMA not seeing this? Why is it that when the late hon. Michuki was in charge, you could see even small fish because the rivers were kept very clean? The Ministry concerned should wake up and do something that will be seen by everybody in Kenya.

Mr. Temporary Speaker, Sir, with those few remarks, I beg to support.

Thank you, Mr. Temporary Speaker, Sir, for the opportunity to contribute to this very important and timely Motion. I congratulate Sen. Mositet for bringing it to the House.

Mr. Temporary Speaker, Sir, indeed, like all those who have spoken before me, I would like to indicate that this Motion touches on a number of Ministries and not just one Ministry. I want to support Sen. G.G. Kariuki for suggesting that we should involve the Ministries when we prepare important Motions. This is because even if we come up with Bills and pass them without consulting the Ministries and getting their input,

November 27, 2013 SENATE REPORTS

November 27, 2013 SENATE REPORTS

Sen. Daisy Kanainza.

November 27, 2013 SENATE REPORTS

Thank you, Mr. Temporary Speaker, Sir, for catching my eye after standing for a very long time. I actually stand to support the Motion; that the national Government should take immediate steps to ensure that these regulations are in place so that this policy can work. The reason being that at the moment, Kenya has an increased use of electronic products and we produce more than 3,000 tonnes of electronic waste. At the same time, when we are trying to use this new type of technology, there is improper dumping of old gadgets. This is posing particularly health and environmental risks because of the toxins found in it.

Looking at the way my colleagues have been talking, actually, the National Environment Management Authority (NEMA) has failed to perform its duty to some extent. As we grew up, we enjoyed the fresh air and the beauty of a clean environment; but at the moment, almost all our towns and cities are suffering because of the improper disposal of waste products. We see people suffering from all types of diseases which have come into being. Our children especially suffer the most because of the new breathing complications that have arisen because of having an environment that is not conducive as a result of pollution.

Mr. Temporary Speaker, Sir, just to give some examples, Muthurwa Market here, where people buy vegetables and fruits at an affordable price, is stinking. People are just crowded in the same place, but we still go there to get our food. At the same time, the sewerage has not been done well; vehicles pass there every day and nobody is taking the initiative to correct the mess there. Talking of Donholm River; it is not brown or white in colour. The water that passes through that river is black and greasy. This Motion is actually very important. It has come at the right time and actually, the necessary stakeholders need to take immediate action. At the same time, there is a lot of pollution, not only of the air, we also have land and water pollution. The people have just decided to be careless, and they have decided to form dumping sites everywhere and anywhere. They think that it is right for them to do this. That is why I may say that it is actually our responsibility; one, as Kenyans; and, two, as even leaders, to take up the initiative by, maybe, trying to find a way of creating awareness to our people on why they need to keep the environment clean and tidy. It is us, as Kenyans, to decide to use commonsense and to be self-driven to ensure that our environment is clean.

Mr. Temporary Speaker, Sir, I want to point out the example of Rwanda. Starting with the President and their leaders, including the citizens, every month from morning to midday, everyone is outside cleaning their villages, towns and everywhere. This has really created a good culture; that everyone is responsible. We actually visited the country; we went to Kigali and other places and we were really mesmerized by the way the place is clean. In their supermarkets, they do not use plastic polyethylene bags. That is something that we, as a country, need to emulate.

Mr. Temporary Speaker, Sir, when I travel home, I pass through Uasin Gishu County, and I find Eldoret Town to be very crowded with many vehicles, hawkers and all that. But the County Government of Uasin Gishu has tried to make sure that the town is clean by ensuring that everybody and everything is put at the right place. At the same time, I may talk proudly about Kakamega County Government, because when the county governments came into place, the Governor, with his executive committee, came up with

November 27, 2013 SENATE REPORTS

Mr. Temporary Speaker, Sir, I wish to support this Motion. This Motion is very important because it touches on the health of our people. Kenya has a growing population and we need proper legislation in place to ensure that proper dump sites, garbage collection and harmful wastes is attended to unlike what we see around us. In the past when the Nairobi City Council was being manned by the Mayor, the City was very clean and you could see that no rubbish was thrown anywhere. There were litter bins by the roadside where people could throw in rubbish. Today, people just throw rubbish anywhere. In slum areas when it rains, the situation is very terrible because the sewage overflows, rubbish is thrown all over the place and you can imagine our children walk through all these without shoes. They end up getting diseases like typhoid and even cancer because of the harmful waste. Even hospitals just dump their waste anywhere in the rural areas.

So, it is very important that our Government takes this very seriously and it becomes law. I am hoping that the Committee on Delegated Legislation will look at this so that they push the Government. We should not just sit there and wait for the feedback from the Government. We need to have serious follow up.

Mr. Temporary Speaker, Sir, when it rains, the rivers overflow and raw sewer flows into those rivers. This is the same water that our people actually drink. People catch diseases like cholera from this water. I think prevention is better than cure. The Government should find a way of diverting some of these rivers so that they do not overflow and cause danger to our people.

In Trans Nzoia where I come from, we have a slum called Kipsongor which does not have proper roads. It is the way it was during the colonial days. Some of the toilets are full and when it rains, the waste overflows and this causes very serious diseases to people because this contaminated water even flows into their houses. When you go to that area, you really feel sympathy for those people. You will wonder whether we really attained Independence 50 years ago. Fifty years after Independence, our people should have access to health and electricity because they live in mud houses and other temporary structures and so you cannot connect electricity to those houses. When somebody is paying rent of Kshs200, you cannot expect them to be connected to electricity.

November 27, 2013 SENATE REPORTS

Thank you, Mr. Temporary Speaker, Sir. As I support the Motion, I take cognisance of the prayer that the Mover has so made to the national Government; “that the government takes immediate steps to develop effective waste management regulations and put in place proper disposal facilities including for harmful waste, and this be done in consultation with all key stakeholders.” Whereas that prayer, be it as it may, Kenya is really not operating in a legal lacuna or vacuum. We have legislation that has been in place in this country and the first one that I could get in literature was in 1996; The Waste Management Act, Cap.482. We had a review of this and we came out with a Solid Waste Management Act of 2001 and, thereafter we had a Waste Management Act of 2006 which was again reviewed in 2008.

Maybe the 2008 Act is not addressing our situation well in view of industrialization which has taken place if we were to compare to what there was at that time. We are really looking at the waste management of plastics, oils, electrical equipment, liquids, and so on and so forth. We are looking at an environmental management that will also include air pollution. We have to relook at this Act and see what our industrial development and accurate town development require; and then amend it appropriately.

So, as I support this Motion, it would be important to relook at amendments to the existing waste management laws. Today, waste is actually wealth. It is only that we do not know how to use our wealth properly. If you go to Europe, waste is a major producer of electricity. A lot of electricity is produced from the town waste. Fertilizer and paper are also produced out of waste. We shall recycle plastics to come up with new products that are even more expensive than the primary products. There is also employment that comes with this industrialization. What we are missing in Kenya is really to rethink on how to invest. One of the best places to invest in is waste management. If you look at how much waste we have in Mombasa, Kisumu and Nairobi, you wonder how much wealth we would create out of that. There are many industries that are ready to offer this technology.

Mr. Temporary Speaker, Sir, in 2010, I visited Slovakia and these people are ready even now to establish in this country an industry on solid waste management for the purpose of production of electricity. I presented these views to the necessary offices. The late Michuki was really interested in this programme, but God forbid, he is no longer with us. I beseech the authorities that it is now time to pick up from where the late

November 27, 2013 SENATE REPORTS

Mr. Temporary Speaker, Sir, thank you for giving me the opportunity to ventilate on this Motion. First, I wish to state categorically that I support this Motion for various reasons, some of them touching on the important area of the health of our citizens.

Mr. Temporary Speaker, Sir, environment is a very important aspect of our lives and waste is one of those things that has the greatest impact on the environment. I think that it is very important that we pay attention on this aspect of waste. Unfortunately, waste does not build up rapidly. It is a slow process that we might not recognise but it is

November 27, 2013 SENATE REPORTS

November 27, 2013 SENATE REPORTS

Before Sen. Lesuuda comes, I wanted to find out because the Chair is not aware of the amendment and where it falls in the main Motion.

This has not been indicated in what I have here but it falls under “the national Government to take immediate steps to build capacity.” We will rewrite what we have here to coincide with what you have just said. The first part is ready and we can move it.

Mr. Temporary Speaker, Sir, I wish to amend this Motion by inserting the words “county government working together with the national Government,” after the word “the.” Further, we also need to insert the words “the national Government will also be

November 27, 2013 SENATE REPORTS

Before Sen. Naisula seconds the amendment, I would like to point out that the Chair is not aware about the part of the amendment related to capacity building. Where does it fall in the main Motion?

Mr. Temporary Speaker, Sir, this has not been indicated in what I have here, but it falls under “the national Government to take immediate steps to build capacity and develop the effective--- I will write down what I have here. The first part is ready and it can be moved.

Okay.

Thank you, Mr. Temporary Speaker, Sir. I rise to second this amendment. First, let me thank and congratulate my fellow colleague, Sen. Mositet, for coming up with this very important Motion. I would also like to thank my colleagues who have spoken before me and supported it.

Mr. Temporary Speaker, Sir, I think that it is important for us to include the county governments as we have said, because I know that various counties have a Ministry of Environment. This, definitely, shows that even at the county level, the Governors and the executive committee members really realize that importance of having a safe and clean environment.

Mr. Temporary Speaker, Sir, having said that, we have discussed here before about the planning of our counties. We will see structures and the county executive coming up with plans of their counties. I really hope that they will ensure that they have proper disposal facilities. I know that this Motion actually tackles it. I really hope that such facilities will come up first before buildings are put up.

Mr. Temporary Speaker, Sir, having said that, it is important to note that this is also an issue to do with culture and our norms and values. If we cannot value a clean environment even as the citizens of this country, what do we really value? When we dump wrappers and used tissue papers, it says a lot about us, as a people. In Nairobi City, for example, bins were put all over and the best we could do was to steal them or just drop waste next to them. So, I think that it also comes to our culture. When you pollute a river which you know at the end of the day will be used by somebody else downstream, it is something that touches on our values and culture.

Mr. Temporary Speaker, Sir, I like what Sen. (Dr.) Machage has said, that we are not short of laws in this country. We have an Act on waste management. Maybe what we need to do is to improve it. But most importantly, we need to even look at ourselves inwardly. We keep referring to the late hon. Michuki every other time when we speak. Is it just enough to keep referring to somebody or the best that we can do is emulate him? How come when he was in charge of the Ministry of Transport, the level of accidents went down? When he served in the Ministry of Environment and Natural Resources, the

November 27, 2013 SENATE REPORTS

November 27, 2013 SENATE REPORTS

Hon. Senators, I now want to propose the amendment.

Thank you, Mr. Temporary Speaker, Sir, for giving me an opportunity to contribute towards this very important Motion. The reason I say this Motion is very important is because it touches on the day to day life of the common mwananchi or citizens of Kenya.

First of all, we need to ask ourselves some questions; what do we mean by waste management? Do we understand; and if we understand, what message are we supposed to pass to our people or the public?

Mr. Temporary Speaker, Sir, there is much more to waste control than picking up rubbish and jettisoning it into a dumpsite. Although there is an urgent step in the midst, but there is more to it than we think about. Waste product management flows in a cycle of monitoring, collection, transport, processing, disposal and then, at the end of the day, it is recycled. This is supposed to be taken into account and everybody should understand these processes so that we keep our country clean.

Mr. Temporary Speaker, Sir, effective waste management is dependent upon achievement of informed consensus among interested parties. Public concerns and opposition present a challenge to this consensus, which must be tackled. There has been an understanding of the basis of public concerns about waste management activities and suggestions of some means for dealing with this issue. The national Government should make efforts to establish a better understanding of the complexity of concerns which are based not upon risk perceptions, but also a lack of trust and credibility in waste management.

November 27, 2013 SENATE REPORTS

Hon. Members considering the time provision or this Motion, it is time for us to vote for the amendment and to allow the

November 27, 2013 SENATE REPORTS

Mr. Temporary Speaker, Sir, in your communication, you indicated that it is time for the Mover to move the Motion and yet the Motion had already been moved. So, you could make the correction.

Thank you, Sen. (Dr.) Machage. It is actually time for us to vote for the amendment which we want to defer because of the request on the fact that it is affecting counties. Thereafter it will be time for the Mover to reply. Therefore, we suspend both until the next sitting.

Next Order!

- THAT, this House adopts the Report of the Standing Committee on Energy, Roads and Transportation on the familiarization tour of the geothermal plant in Olkaria, Naivasha County on 12th August, 2013 laid on the table of the House on Tuesday, 26th November, 2013. In furtherance to the mandate that this Committee has, they visited Olkaria Geothermal Plant on 12th August, 2013 to familiarize themselves with the operations of KenGen and the generation of electricity through geothermal. The Committee visited Olkaria I, Olkaria II and Olkaria IV and the well head generation plant with the capacity generation of Olkaria I, 45 megawatts, Olkaria II, 105 megawatts, Olkaria IV, 140 megawatts and the well head with 25 megawatts respectively. The Committee in making the familiarization tour wanted, first and foremost, to see and understand the challenges that KenGen is facing, understand the working of this State corporation and to also encourage them to develop and utilize the geothermal energy. We also visited to assist and facilitate any enactment and adoption of the appropriate legislation that they needed so that when the Committee comes back to this House, they can actually fast track that.

With provided them the platform to actually share information. When we visited, our findings were:-

November 27, 2013 SENATE REPORTS

November 27, 2013 SENATE REPORTS

Order, Senator! You will still have 20 minutes next time the Motion will be on the Order Paper.

Hon. Senators, the House now stands adjourned until this afternoon, at 2.30 p.m.

The Senate rose at 12.30 p.m.