July 29th, 2015 SENATE DEBATES

Wednesday, 29th July, 2015

Mr. Speaker, Sir, this afternoon, I have a petition, under the Constitution of Kenya Articles No.1, 2, 3, 42, 10, 19, 20, 21, 22, 24 25, 26, 27, 28, 29, 40, 43, 46, 47, 238 and 119 as read with Articles 93, 94 and 96.

This is a petition for the protection of the people and of the economy of the Republic of Kenya from unfair and detrimental activities of the foreign controlled mobile telephony operator, Safaricom Limited.

The undersigned is a citizen of the Republic of Kenya who is a taxpayer struggling to make ends meet and who has lost money to Safaricom Limited;

Concerned that some activities of Safaricom Limited are detrimental to the wellbeing of the Kenyan people and of the Kenyan economy, draw the attention of the honourable Senate to the following.

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

Hon. Senators, pursuant to Standing Order No.226, I could allow comments, observations or clarifications in relation to the petition for not more than 30 minutes. I hope we will take less time.

In the absence of comments or observations, I have reviewed the petition as presented by the Senator and note that it raises a number of important issues for consideration by the Senate. These include:

July 29th, 2015 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. From the foregoing of the petition, I noticed the implication of the significance of information technology. With your indulgence, I thought that the Committee on ICT is involved as well.

Mr. Speaker, Sir, on behalf of the Legal Affairs Committee and Human Rights, I want to agree with Sen. (Prof.) Lesan. As we have always done, we can always have one Committee leading the process. However, in the process of consideration of the petition, we will definitely involve the Committee on ICT. Therefore, we should have some good working synergy like we have always done with regard to other petitions.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday, 29th July, 2015.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the House today, Wednesday 29th July, 2015:-

Report of the Senate Sessional Committee on County Public Accounts and Investments on the county visit to Uasin Gishu County from 21st to 22nd May, 2015.

July 29th, 2015 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. Through you, may I, please, request that Sen. Khalwale, the Chairperson of the County Public Accounts and Investments Committee gives us an indication of when we will get all these audited accounts because we are getting them piecemeal? We need to get a way forward on how we are going to deal with the audited accounts of counties.

The report for Murang’a County Government has not yet come and I can see that the reports are coming one by one. Even as he tables them, he has not indicated how his Committee will deal with them and how the individual Senator for each county is expected to be involved as pertains to the audited accounts of their specific counties.

Mr. Speaker, Sir, it is true that I had addressed myself to the first aspect of the particular question that the Deputy Speaker is asking. I want to stand with my answer at that. I am satisfied that the Auditor-General is doing so in his power to ensure that these reports come here timeously.

Mr. Speaker, Sir, as for the second aspect, we, as a Committee, have agreed that starting from today we will expeditiously deal with these accounts. We have moved away from what used to happen in the National Assembly; that is, considering all reports of all the Ministries by the Auditor-General and then tabling them in one report.

I want to report to the House that we have adopted a system that will make quick returns. When a county government comes, we will deal with it hopefully within three days and, at the end of three days, we write a report for that particular county government with recommendations and bring it to this House to adopt. So, we will deal with both the executive and assemblies.

Mr. Speaker, Sir, further to this, thanks to the recess that might start tomorrow, we will be working on Tuesdays, Wednesday and Thursdays, morning and afternoon. Hopefully, we will deal with them such that by the time we come back, now the House will just be dealing with adoption of those reports.

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Wednesday 29th July, 2015:-

Report on the assessment of security situation in Mandera County, Laikipia County and Kapedo

conducted between 19th January and 5th February, 2015.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday 29th July, 2015:-

July 29th, 2015 SENATE DEBATES REPORT OF IMPLEMENTATION COMMITTEE ON VISIT TO MOMBASA, KILIFI AND KWALE COUNTIES

Mr. Speaker, Sir, I beg to give notices of the following Motions:-

Mr. Speaker, Sir, I beg to give notices of the following Motions:-

July 29th, 2015 SENATE DEBATES COMMITTEE ON VISITS TO SIAYA, KISUMU, KAKAMEGA AND BUNGOMA COUNTIES

Mr. Speaker, Sir, I rise under Standing Order No.45 (2) (b) to seek a Statement---

On a point of order, Mr. Speaker, Sir. Did you notice that we have enjoyed relative peace until the Senator for Elgeyo-Marakwet arrived?

I cannot agree more. Senator for Elgeyo-Marakwet, your presence has been noticed both by your neighbour, who was transacting some serious business and also across the divide. Please, hold your peace.

Mr. Speaker, Sir, I appreciate very much. The place was very peaceful before Sen. Murkomen walked in.

Mr. Speaker, Sir, I rise under Standing Order No.45 (2) (b) to seek a Statement from the Chairman of the Standing Committee on Land and Natural Resources regarding the resumed and now ongoing property development at the junction of Loresho Ridge Road and Lower Kabete Road on both sides of the river, near the Spring Valley Police Station.

In addressing the matter, the Chairman should:-

Where is the Chair of the Committee? Sen. Obure, now I can understand why you wanted to follow the debate in the House.

Mr. Speaker, Sir that is a very important request relating to a matter of great and national importance, especially for the residents of Nairobi. Our Committee will raise this matter and we intend to bring our response to the statement in the first week after recess.

It is so ordered, the first Tuesday.

July 29th, 2015 SENATE DEBATES SELECTION AND PLACEMENT OF STUDENTS TO MEDICAL TRAINING INSTITUTIONS

Mr. Speaker, Sir, I rise under Standing Order 45 (2) to seek a statement from the Standing Committee on Health regarding the selection and placement of students to medical training institutions in the country. In the Statement the Chairperson should:-

On a point of order, Mr. Speaker, Sir. The hon. Senator has sought a statement from a Committee of this House. However, you have not yet ruled on that matter. He moved---

Order, Senator! Resume your seat. If I had moved to another Member then you should have raised that matter. He requested to issue the second one. My understanding is that I will deal with him after he has exhausted all his business.

Proceed, Senator.

Mr. Speaker, Sir, in the statement, the Chairperson should explain the following:

Mr. Speaker, Sir, my concern was that the hon. Senator---

Just proceed to respond.

Mr. Speaker, Sir that is what I am doing. The hon. Senator had sought a statement on admission of students to colleges. Would it not have been in

July 29th, 2015 SENATE DEBATES

Sen. Sang, where does the Kenya Medical Training College (KMTC) fall?

An hon. Senator: Committee on Heath

I have heard; it is falls under the Committee on Health.

Mr. Speaker, Sir, the reason I am raising this question is the confusion caused by the fact that the placement of students to various colleges in this country is under the Ministry of Education, Science and Technology. However, the admission of students to KMTC is under the Ministry of Health. The Acts that permit them to work are contradictory. That is why I sought some clarification.

For now, KMTC is under the Ministry of Health. Therefore, it will go to your Committee. The Vice Chairperson is in the House and should take note.

Proceed, Sen. Kittony. What is it, Sen. (Prof.) Lesan?

Mr. Speaker, Sir, I sought two statements. One from the Chairperson of the Committee on Agriculture, Livestock and Fisheries---

Order! I am restraining myself. Proceed, Sen. Kittony.

Mr. Speaker, Sir, yes, it would be prudent for my Committee to consider that statement and get back to this House.

It is so directed. The statement will be issued in two weeks’ time.

Mr. Speaker, Sir, most obliged.

Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries.

What is it, Sen. Obure?

Mr. Speaker, Sir, with your indulgence, I wish to remind the Chairperson before he responds that the statement sought by my neighbour, the Senator for Bomet---

Order, Sen. Obure! Let the Chairperson respond. I will allow you to do what you want to do. Why are you anticipating the response from the Chairperson?

Proceed, Chairperson.

Mr. Speaker, Sir, I will respond in two weeks’ time. Sen. (Prof.) Lesan sought another statement. With your permission, I do not know whether he is ready to receive it today.

We will come to that at the appropriate time. Proceed, Sen. Obure.

Mr. Speaker, Sir, the statement sought by the Senator for Bomet is important and of great interest to tea farmers all over the country. In addition to the information sought, I request the Chairperson of the Committee on Agriculture, Livestock and Fisheries to specifically respond by giving the advantage or whatever benefits being conferred to tea farmers now under the new arrangement compared to the

July 29th, 2015 SENATE DEBATES

I am sure that the Chairperson of the Committee on Agriculture, Livestock and Fisheries has heard Sen. Obure.

Let me see which statements are listed so that we give them priority. Let us proceed with Statement (a) .

Mr. Speaker, Sir, I have a statement to issue pursuant to Standing Order No.208 (3) and the Second Schedule of the Senate Standing Orders. The Committee is mandated to consider all matters related to education and training.

Pursuant to this provision, on Wednesday 1st July, 2015, Sen. Nabwala requested for a statement from the Chairperson of the Standing Committee on Education regarding the rampant cases of child abuse by teachers in Kenyan schools. The Senator requested responses to the following:

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I need to comment on the answer. Personally, I am not satisfied even though I am not the one who asked the question. It is on record that the teachers are found guilty of molesting the children sexually. The Sexual Offences Act is clear. I do not see why transfers and deregistering and re-registering should be the punishment. The TSC should take the offence more seriously. They should give more serious punishment to the offenders which should work as a deterrent. Otherwise, they will be playing around with the children and endangering their lives knowing that they will be transferred or be deregistered and be registered later.

Mr. Speaker, Sir, we know very well that a crime of rape or of molesting a child is a crime whose punishment has been stipulated very clearly in the Sexual Offences Act. We either do not take the teachers to court or we decide within the education sector. When President Obama was here, one of the things he really insisted on was that we must ensure we protect young girls. It is a pity that they are molested by teachers who are supposed to protect them. The Chairman should tell us the punishment that is being meted against these teachers. Are they being investigated?

Mr. Speaker, Sir, it would be imperative to suggest that the answer that I have given was so little that the supplementary questions are covered in the answer. I stated that some teachers who were found guilty of offences in the TSC disciplinary committee were punished.

With regard to the question asked by the Chief Whip, I want to say that those who were found guilty had their services terminated while the others were arrested and taken to court or given warnings. There is a process. As we said earlier, reporting of such cases is sometimes difficult in some areas because some culprits can agree not to report the matter. That makes the TSC work very difficult.

However, the moment it is reported to the head or the management of the school, the management will always take the matter seriously. Once it is reported to the TSC, it has no way other than using the laws that have been made by legislators so as to make sure that such teachers are punished accordingly.

Mr. Speaker, Sir, even though the Chairman says that some teachers have been arrested, my bone of contention is, the time the teachers are being transferred or deregistered, it means that they have been found guilty. What will be proper is to transfer or sack and apprehend the teachers and let legal action be taken against them. We

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

Order, Chairman! I think you are missing the point made by the Senators who have contributed. The Parliament of the Republic of Kenya passed the Sexual Offences Act in 2006. It specified a number of offences and the sentences that apply. The TSC should do its bit, and then ask the other arms of Government to do their bit in terms of prosecution. Is it difficult for the TSC to recommend those cases to the other arms of Government to do the necessary?

Mr. Chairman, Sir, the TSC would have done its bit. The other arms of Government enforcers will continue to do their bit. Consequently, if the same teacher is found guilty, particularly under the Children’s Act, they can be jailed for the term stipulated in the Act.

Mr. Speaker, Sir, the Chairman ought to go back again and tell us the way forward of all the cases that they are referring to. Is it being referred to the State Law so that legal action can be taken? Transferring teachers is not enough. TSC cannot wash their hands away from this crime. It is serious and fatal. Children end up losing their lives because of the bad exposure.

Give the Chairman of the Committee on Education a microphone.

Proceed, Chair.

Mr. Speaker, Sir, the document I read was from the TSC itself. They have their own code of regulations which is contained in their own code.

Order, Chairman! Be relevant to the issues being sought. It is about criminal liability.

Mr. Speaker, Sir, according to the Act and the Code of Regulations; that is the highest they can go in terms of meting out punishment to teachers who molest children. However, the other arms of Government can do their bit.

Order, Chairman. I direct that you respond to the issue of all those cases that have been given disciplinary measures by the TSC which confirms that they are reliable. How many of them have been prosecuted? That bit alone is what the House is asking from you.

Let us have a response to that, the first week when we resume. I had already given the Floor to the Chairman of the Committee on Health to answer Statement 2 (b) .

Order, Chairman. I direct that you respond to the issue of all those cases that have been given disciplinary measures by the TSC which confirms that they are reliable. How many of them have been prosecuted? That bit alone is what the House is asking from you.

Let us have a response to that, the first week when we resume. I had already given the Floor to the Chairman of the Committee on Health to answer Statement 2 (b) .

July 29th, 2015 SENATE DEBATES

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July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. Have you realized that the Vice-Chairperson has read this statement for over 15 minutes? How long should a statement be? Can it be briefer than that?

Please, conclude Vice-Chairperson.

Mr. Speaker, Sir, this is a Statement written by the Cabinet Secretary for Health. I will not stop reading it because it is long.

Vice-Chairperson, how many more pages do you have to go?

Mr. Speaker, Sir, I am almost concluding. However, this is a statement written by the Cabinet Secretary. It is in the interest of the country to know the situation of malaria as it was asked. Therefore, I cannot stop it.

Order, Senator! I understand you, but I have to remind you to summarize.

Mr. Speaker, Sir, the team established that each of the affected children had previously received intramuscular injection in one of the four different

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

Order, Members! Before I allow Sen. (Dr.) Machage and other Senators to make interventions on that statement, I have a brief communication to make.

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I join you in confirming that during our time, as a task force on devolution and in dealing with matters of devolution, Hon. Ngeny was very instrumental in Nandi County and North Rift. He played a pivotal role in informing the issues that went into the six Bills that we drafted and the draft policy on devolution plus the report of the task force. We benefitted immensely from him. I wish that many other former Members of Parliament would continue providing guidance, leadership and support in the various counties on matters of devolution.

We are very proud to have him here and glad that you elected a Senator here in the name of Sen. Sang who is very active and supportive of county issues. I also hope that Sen. Sang’s Bill on the County Hall of Fame will be passed very quickly, so that Nandi County can recognize Hon. Samuel arap Ngeny in the Nandi County Hall of Fame.

Thank you, Mr. Speaker, Sir.

Sen. Murkomen, I do not think that you are doing hon. Samuel arap Ngeny a favour by recognizing him at the county. He is a national leader.

Please, proceed, Sen. Sang.

Mr. Speaker, Sir, I join you in congratulating and welcoming hon. Samuel arap Ngeny to the Senate. He and I come from the same constituency. When some of us were in school, in Kapsabet Boys, the track record that he left as the Principal speaks for itself. He is one the former principals of Kapsabet Boys that mentored many young people in this Republic. Long after he exited politics, he is still one of the most influential leaders in Nandi County. He is a respected farmer and elder. This is something that we need to learn from.

Mr. Speaker, Sir, looking and hearing President Obama address the African Union (AU) the other day; he mentioned something about clinging to power. Hon. Ngeny is one leader in this country who appreciates that there is a time for you to provide service to this country, make your contribution and give space to others. I am such one person who benefitted from his mentoring. I hope that we can continue having more Kenyans taking active roles in contributing to this country and stepping aside when the time comes to support others.

Thank you, Mr. Speaker, Sir, I beg to support.

That is a bit dangerous for you, Sen. Sang.

That is a bit dangerous for you, Sen. Sang.

Mr. Speaker, Sir, I also join you in recognizing and welcoming Mr. Ng’eny to the Senate. I am one of those who served with him in the National Assembly

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

Mr. Speaker, Sir, I beg that the Vice-Chairperson of the Committee of Health listens. The Government has distributed over 11 million doses of Artemether/Lumefantrine for the treatment of the common malaria infections. I believe we are talking of the falciparum type.

Mr. Deputy Speaker, Sir, investigations have been established for the 21 children who were affected. Investigations show that they had been given an injection elsewhere and remedies have been taken according to the report that we have

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

Mr. Deputy Speaker, Sir, the Committee will travel on 20th August to western Kenya to gather more information.

I am specifically interested in the areas concerned. Do I get it that you will come back with a further response to this issue?

Mr. Deputy Speaker, Sir, yes, we will report back after the visit.

Mr. Deputy Speaker, Sir, now that the Chairperson will have to give another answer to this House, I hope she will remember my first question of the doubts of efficacy of the medicines that are now used for the management of malaria in the country.

Could she also enlighten this House the position of the Government on the use of DDT (dichlorodiphenyltrichloroethane) in the eradication of the mosquito vector that transmits malaria parasite?

Sen. (Dr.) Machage, as a matter of interest, are you a Member of this Committee? I am asking because you are a doctor of medicine and, therefore, you should also help to add value to the situation because the question that you have raised is of great importance. As we get a response which is now the property of the House, I think, your Committee which has a few medical doctors in it can also help us to find a final solution to this issue.

Mr. Deputy Speaker, Sir, my questions are purposeful and we have actually invited the Cabinet Secretary (CS) to our Committee, for some reason. I have just given guidance on the sort of line of investigation that the Committee will take. The Committee has three doctors inclusive of Sen. (Prof.) Lesan and so we are able. We will guide our Vice Chairperson on how to solve it.

That it the reason I wanted to know.

Mr. Deputy Speaker, Sir, Sen. (Dr.) Machage is a Member of the Committee on Health. He is a qualified doctor. He has always assisted the Committee where necessary. I would like to appreciate the fact that being a doctor, he understands what we are looking for. We have invited the Cabinet Secretary (CS) to the Committee. We managed to get his response in writing after a long time. That is the much we could have done.

I appreciate that, but once a question is raised in the House, it becomes the property of the House. It does not really matter whether Sen. (Dr.) Machage is there or not. I asked that question because we have Sen. (Prof.) Lesan, Sen. (Dr.) Machage and Sen (Dr.) Kuti in that Committee and they should be able to give us a true way forward on this important national issue. That is the reason I raised the issue with Sen. (Dr.) Machage.

If there is no other statement being sought then that is the end of Statement time. Let us now move on to the next order.

July 29th, 2015 SENATE DEBATES COMMITTEE OF THE WHOLE

July 29th, 2015 SENATE DEBATES COMMITTEE OF THE WHOLE

Thank you, Mr. Temporary Chairperson, Sir. With tremendous respect and pursuant to Standing Order No.139, I beg to move that the Committee of the Whole reports progress on its consideration of the Public Appointments

Bill

(Senate Bill No.20 of 2014)

and seek leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to move that the Senate do agree with the Committee on the said report.

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

Mr. Temporary Chairman, Sir, there is a small misunderstanding here, but I will proceed.

The Temporary Chairperson (Sen. (Dr.) Machage) : What misunderstanding?

Mr. Temporary Chairman, Sir, I will proceed.

Yes, we are proceeding. I am actually waiting for the Mover to move the amendment. Is that what you want to do?

Mr. Temporary Chairman, Sir, there is a small misunderstanding here, but I will proceed. The Temporary Chairperson (

- THAT, Clause 5 of the Bill be amended in Sub-Clause (2) by deleting paragraph

Mr. Temporary Chairman, Sir, I withdraw the statement that I had an amendment on Clause 5. I request that the amendments be read by the Mover, who is the sponsor of the Motion, Sen. Elachi.

The Temporary Chairperson

(Sen. (Dr.) Machage)

: Very well. Sen. Elachi. Clause 5

Mr. Temporary Chairman, Sir, I will proceed.

July 29th, 2015 SENATE DEBATES

- THAT, Clause 5 of the Bill be amended in Sub-Clause (2) by deleting paragraph

July 29th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Chairman, Sir. Mr. Temporary Chairman, Sir, I beg to move:- THAT Clause 6 of the Bill be amended in –

Very well. Sen. Elachi. Clause 5

July 29th, 2015 SENATE DEBATES

- THAT, Clause 5 of the Bill be amended in sub-clause (2) by deleting paragraph

- THAT, Clause 12 of the Bill be amended in sub-clause (1) by –

- THAT Clause 6 of the Bill be amended in –

- THAT, the Bill be amended by deleting Clause 14 and substituting therefor the following new clause-

- THAT Clause 6 of the Bill be amended in-

July 29th, 2015 SENATE DEBATES

Thank you, Mr. Temporary Chairman, Sir. Mr. Temporary Chairman, Sir, I beg to move:- THAT Clause 6 of the Bill be amended in –

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

- THAT, the Bill be amended by deleting Clause 17 and substituting therefor the following new clause- Remuneration

July 29th, 2015 SENATE DEBATES

- THAT, Clause 23 of the Bill be amended in sub-clause (2) by –

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

- THAT, Clause 15 of the Bill be amended-

July 29th, 2015 SENATE DEBATES

- THAT Clause 35 of the Bill be amended –

July 29th, 2015 SENATE DEBATES

- THAT, the Bill be amended by deleting clause 37. Mr. Temporary Chairman, Sir, the reasons are that this is where the powers of the President in a situation of food emergency are. This is not a function of the counties, but it is to be dealt with at the national level. The Ministry of Agriculture, Livestock and Fisheries is responsible for that. The Temporary Chairperson (Sen. (Dr.) Machage) : I see no intervention. Next! Clauses 38, 39, 40, 41, 42, 43 and 44

The Temporary Chairperson

(Sen. (Dr.) Machage)

: I see no intervention. Next! Clause 45

- THAT, Clause 45 of the Bill be amended by deleting the words “five million” appearing immediately after the words “not exceeding” and substituting therefor the words “ten million”. Mr. Temporary Chairperson, Sir, this is to add fines that we had put earlier.

The Temporary Chairperson

(Sen. (Dr.) Machage)

: I see no intervention. Next! Clause 46

July 29th, 2015 SENATE DEBATES

- THAT, Clause 46 of the Bill be amended by deleting the words “two million shillings or to imprisonment for a term of three years” appearing immediately after the words “not exceeding” and substituting therefor the words “ten million shillings or to imprisonment for a term not exceeding eight years”. Mr. Temporary Chairman, Sir, this is because of the same reason; to ensure that we have a better penalty for anybody found guilty.

- THAT, Clause 33 of the Bill be amended–

- THAT Clause 35 of the Bill be amended –

July 29th, 2015 SENATE DEBATES

- THAT, Clause 2 of the Bill be amended in the definition of the term –

July 29th, 2015 SENATE DEBATES

Mr. Temporary Chairman, Sir, I beg to move that the Committee of the Whole reports progress on its consideration of the Food Security Bill (Senate Bill No.23 of 2014) and seeks leave to sit again tomorrow.

The Temporary Chairperson (Sen. (Dr.) Machage) : We will not go into Plenary, but just move on to the next Bill. That reporting will be done tomorrow.

We will now move to Order No.10 to consider the Mining Bill (National Assembly Bill No.8 of 2014) .

- THAT, Clause 5 of the Bill be amended by inserting the words “and the principles of leadership and integrity set out under Chapter Six of the Constitution” immediately after the words “of the Constitution”.

Clause 6

Clause 6

July 29th, 2015 SENATE DEBATES

- THAT, Clause 45 of the Bill be amended by deleting the words “five million” appearing immediately after the words “not exceeding” and substituting therefor the words “ten million”. Mr. Temporary Chairperson, Sir, this is to add fines that we had put earlier. (Question of the amendment proposed) The Temporary Chairperson (

- THAT, Clause 7 of the Bill be amended in subclause

(2)

by inserting the words “in consultation with the Mineral Rights Board” immediately after the words “in the Gazette”.

Clause 8

Clause 9

I see no intervention. Next! Clause 46

- THAT, Clause 46 of the Bill be amended by deleting the words “two million shillings or to imprisonment for a term of three years” appearing immediately after the words “not exceeding” and substituting therefor the words “ten million shillings or to imprisonment for a term not exceeding eight years”. Mr. Temporary Chairman, Sir, this is because of the same reason; to ensure that we have a better penalty for anybody found guilty.

July 29th, 2015 SENATE DEBATES

- THAT, Clause 50 of the Bill be amended by inserting the following new paragraph immediately after paragraph (g) -

- THAT, Clause 2 of the Bill be amended in the definition of the term –

July 29th, 2015 SENATE DEBATES

- THAT, Clause 30 of the Bill be amended by deleting subclause (2) and substituting therefor the following new subclause (2) –

July 29th, 2015 SENATE DEBATES

- THAT, Clause 33 of the Bill be amended by deleting subclauses

(7)

and

(8)

. Mr. Temporary Chairman, Sir, we are deleting subclauses

(7)

and

(8)

which must be in unison with the other amendments which we have done before, to effect the composition of the board.

Clause 34

- THAT, Clause 34 of the Bill be amended in subclause (4) by deleting paragraph

- THAT, Clause 5 of the Bill be amended by inserting the words “and the principles of leadership and integrity set out under Chapter Six of the Constitution” immediately after the words “of the Constitution”.

Clause 6

Clause 6

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

- THAT, Clause 7 of the Bill be amended in subclause

(2)

by inserting the words “in consultation with the Mineral Rights Board” immediately after the words “in the Gazette”.

Clause 8

Clause 9

- THAT, Clause 38 be amended in subclause (1) by deleting the word “un- alienated” appearing at the end of paragraph (b) and substituting therefor the word “unregistered”.

Mr. Temporary Chairperson, Sir, the word “un-alienated” is not correct. The correct wording should be “unregistered land.”

Clause 39

Clause 40

- THAT, Clause 9 of the Bill be amended by inserting the following new subclause immediately after subclause

(1)

–

(1A)

The Cabinet Secretary shall, immediately upon receipt of a report under subsection

(1)

issue to the person an acknowledgement in writing of the receipt of the report.

Clauses 10, 11, 12, 13, 14 and 15

Clause 16

- THAT, Clause 40 of the Bill be amended by deleting sub clause (1) and substituting therefor the following new sub clause –

- THAT, Clause 16 of the Bill be amended in subclause

(3)

by inserting the words “in consultation with the Mineral Rights Board” immediately after the words “Cabinet Secretary shall”. Mr. Temporary Chairperson, Sir, you will realize that in all these clauses we do not want the Cabinet Secretary to be dealing with the licenses alone, but in consultation with the Mineral Rights Board. This is repeated in several of the clauses which are being amended.

Clauses 17, 18 and 19

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

- THAT, Clause 20 of the Bill be amended by inserting the following new subclause immediately after subclause (4) –

- THAT, Clause 46 of the Bill be amended in sub clause

(3)

by deleting the words “number of expatriates per capital investment” appearing immediately after the words “shall serve”. Mr. Temporary Chairperson, Sir, it is very important that when we limit the number of expatriates that a big miner may bring to Kenya; we had to consider how to monitor that aspect.

Clause 47

- THAT, Clause 21 of the Bill be amended by inserting the following new subsections immediately after subsection (2) –

- THAT Clause 47 of the Bill be amended in sub clause

(1)

by inserting the words “members of the community and” immediately after the words “in employment to”. We had special considerations of members of the community affected by mining. We had to define such community areas.

Clause 48

Clause 49

- THAT, Clause 30 of the Bill be amended by deleting subclause (2) and substituting therefor the following new subclause (2) –

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

- THAT Clause 50 of the Bill be amended in paragraph

(b)

by inserting the words “members of the community and” immediately after the words “offered by”. This is further consideration of community interests where the miners may come to mine.

Clause 51

- THAT Clause 51 of the Bill be amended –

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

- THAT, Clause 38 be amended in subclause (1) by deleting the word “un- alienated” appearing at the end of paragraph (b) and substituting therefor the word “unregistered”.

Mr. Temporary Chairperson, Sir, the word “un-alienated” is not correct. The correct wording should be “unregistered land.”

Clause 39

Clause 40

- THAT Clause 53 of the Bill be amended –

- THAT, Clause 40 of the Bill be amended by deleting sub clause (1) and substituting therefor the following new sub clause –

- THAT Clause 67 of the Bill be amended in sub clause (1) by deleting paragraph

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

- THAT, Clause 46 of the Bill be amended in sub clause

(3)

by deleting the words “number of expatriates per capital investment” appearing immediately after the words “shall serve”. Mr. Temporary Chairperson, Sir, it is very important that when we limit the number of expatriates that a big miner may bring to Kenya; we had to consider how to monitor that aspect.

Clause 47

- THAT, Clause 106 of the Bill be amended by inserting the following new paragraph immediately after paragraph (i) –

- THAT Clause 47 of the Bill be amended in sub clause

(1)

by inserting the words “members of the community and” immediately after the words “in employment to”. We had special considerations of members of the community affected by mining. We had to define such community areas.

Clause 48

Clause 49

- THAT, Clause 117 of the Bill be amended in subclause

(5)

by deleting the word “Parliament” appearing immediately after the words “submitted to” and substituting therefor the words “the National Assembly and the Senate”. Mr. Temporary Chairman, Sir, when we said that audit reports and other reports should be brought to Parliament, we wanted to distinguish that Parliament means the Senate and the National Assembly. We made sure that we repeated that whenever it appeared to avoid a situation where we have cases which we already know whereby matters are referred to the National Assembly only without reference to the Senate.

Clauses 118 and 119

- THAT Clause 49 of the Bill be amended in sub clause (2) by deleting the word “four” appearing immediately after the words “exchange within” and substituting therefor the word “three”.

July 29th, 2015 SENATE DEBATES

- THAT, Clause 120 of the Bill be amended in subclause

(2)

by deleting the word “Parliament” appearing immediately after the words “submitted to” and substituting therefor the words “the National Assembly and the Senate”. Mr. Temporary Chairman, Sir, the reasons for this is exactly the same as that of Clause 117.

Clauses 121 - 148

. Clause 149

- THAT Clause 50 of the Bill be amended in paragraph

(b)

by inserting the words “members of the community and” immediately after the words “offered by”. This is further consideration of community interests where the miners may come to mine.

Clause 51

- THAT, Clause 149 of the Bill be amended by deleting subclause (3) and substituting therefor the following new subclauses –

July 29th, 2015 SENATE DEBATES

I see no interventions.

July 29th, 2015 SENATE DEBATES

- THAT Clause 53 of the Bill be amended –

- THAT Clause 67 of the Bill be amended in sub clause (1) by deleting paragraph

Madam Temporary Speaker, I beg to report that the Committee of the Whole is considering the Mining Bill (National Assembly Bill No. 8 of 2014) and seek leave to sit again tomorrow.

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES THE FOOD SECURITY BILL (SENATE BILL NO. 23 OF 2014)

Madam Temporary Speaker, I beg to report that the Committee of the Whole is considering the Food Security Bill, (Senate Bill No. 23 of 2014) and seek leave to sit again tomorrow.

- THAT, Clause 117 of the Bill be amended in subclause

(5)

by deleting the word “Parliament” appearing immediately after the words “submitted to” and substituting therefor the words “the National Assembly and the Senate”. Mr. Temporary Chairman, Sir, when we said that audit reports and other reports should be brought to Parliament, we wanted to distinguish that Parliament means the Senate and the National Assembly. We made sure that we repeated that whenever it appeared to avoid a situation where we have cases which we already know whereby matters are referred to the National Assembly only without reference to the Senate.

Clauses 118 and 119

July 29th, 2015 SENATE DEBATES

- THAT, Clause 120 of the Bill be amended in subclause

(2)

by deleting the word “Parliament” appearing immediately after the words “submitted to” and substituting therefor the words “the National Assembly and the Senate”. Mr. Temporary Chairman, Sir, the reasons for this is exactly the same as that of Clause 117.

Clauses 121 - 148

. Clause 149

The last Senator to speak on this was Sen. Murkomen. He is not in the House right now, but I see a request from Sen. (Prof.) Anyang'- Nyong'o, the Senator for Kisumu County.

- THAT, Clause 149 of the Bill be amended by deleting subclause (3) and substituting therefor the following new subclauses –

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

- THAT, Clause 4 of the Bill be amended –

July 29th, 2015 SENATE DEBATES

That escaped my attention.

Senator, I also do not seem to understand the word “kokoto” What does it mean?

Madam Temporary Speaker, my mind is not quite ready to translate that word into English.

Do you mean ballast?

July 29th, 2015 SENATE DEBATES THE FOOD SECURITY BILL (SENATE BILL NO. 23 OF 2014)

Madam Temporary Speaker, yes, ballast is the word. There is a new material called Wikipedia where I think you will find it sooner rather than later. So, I hope that the Senate will contribute to the Wikipedia vocabulary so that the word can be used officially.

Please, proceed, Senator.

Madam Temporary Speaker, extraction from nature without human beings replenishing it is tantamount to interfering with the climate. Therefore, a law like this should really deal with such issue and that is why I am linking this Bill to the other ones on mining, because we cannot really talk about climate change if we do not talk about environmental degradation and conservation.

Madam Temporary Speaker, lastly, on the issue of preserving our water and forest resources, you will notice that Lake Victoria, the biggest fresh water lake in the world, has for quite some time been dying from below. When I was working with the African Academy of Sciences in the late 1980s and early 1990s where we worked closely with the International Center for Insects Physiology and Ecology (ICIPE) , under the late Prof. Odhiambo, we carried out a study on the environmental degradation in Lake Victoria and it was confirmed that the great lake was dying from below.

This does not just adversely affect the aquaculture in the lake but the climate as well. This is because as we know from our early Geography lessons in primary and secondary schools, rainfall is affected by evaporation from large water resources, like Lake Victoria. During the day, the vapor rises up, goes to the mountains, then when it cools, there is precipitation. However, when there is ecological change in the lake affecting both the water and aquaculture in the lake, it adversely affects the climate.

Madam Temporary Speaker, we, therefore, need to have laws like this which help us preserve our water resources to the extent that environmental changes that occur in these water resources do not adversely affect the climate. The same goes for our forest resources; the flora and fauna. It has been lamented that a very small percentage of the land surface in Kenya is covered by forest. The latest figure that I got is about 10 to 12 per cent. This is very serious especially when the small percentage covered by forest resources is also being depleted very fast.

It was quite tragic that when in the Coalition Government under the former Prime Minister, Hon. Raila Amollo Odinga, took the initiative to recover Mau Forest, it attracted adverse political reaction from the so-called stakeholders who are nothing other than political entrepreneurs, to turn an otherwise very honourable project into a disastrous campaign against the former Prime Minister’s initiative. However, this did not stop the urgency of preserving the Mau Forest. The very people who opposed this initiative are the ones who are crying that this initiative should continue and succeed.

Madam Temporary Speaker, when it comes to issues of environment and climate change, let us not be unreasonably partisan on certain measures that have been taken purely for parochial and chauvinistic political reasons. This does not augur well for both the national and global interests of human kind because in the final analysis, the preservation of the environment and survival of human kind are both very intertwined.

One very interesting thing that the Deputy President said recently was that we, in Kenya, are the only people who are justified on the face of the earth to welcome the rest of the humanity home, because Kenya is the home of human kind. The first human being was discovered here; Kenyapithecus zinjathropus and no one knows whether he was a

Today, the House is very interesting because of all the Senators in attendance, 85 per cent are female Senators taking their work very seriously.

Thank you, Madam Temporary Speaker, for giving me the opportunity to contribute to this Bill. When Sen. Murkomen was contributing to it on Tuesday, 28th July, 2015, I was very keen to follow and add my voice to its support.

Madam Temporary Speaker, climate change is one of those phenomena in the current world which must be well understood by humanity. This is because as days go by, we see that the patterns of rainfall and temperatures in our country are not as we had known them before. At times, it rains in such a heavy manner that we begin experiencing floods in areas that never had floods before. Further, traditionally, when the climate was stable and predictable, agricultural practices followed certain traditional calendars that prompted farmers to plant their seeds at a certain time uniformly in particular areas.

These days, as years come and go by, it is extremely difficult to predict the climate on the basis of previous experiences. It, therefore, requires a much more scientific knowledge to determine and inform our people about the patterns of climate from time to time, especially in a country which is so heavily agricultural. The backbone of our

July 29th, 2015 SENATE DEBATES

What is it, Sen. Ong’era?

On a point of order, Madam Temporary Speaker. Did you hear the distinguished Senator for Kisumu County use the word “Kokoto”?

That escaped my attention.

Madam Temporary Speaker, yes, I did use such a word.

Senator, I also do not seem to understand the word “kokoto” What does it mean?

Madam Temporary Speaker, my mind is not quite ready to translate that word into English.

Do you mean ballast?

July 29th, 2015 SENATE DEBATES

Madam Temporary Speaker, yes, ballast is the word. There is a new material called Wikipedia where I think you will find it sooner rather than later. So, I hope that the Senate will contribute to the Wikipedia vocabulary so that the word can be used officially.

Please, proceed, Senator.

Madam Temporary Speaker, extraction from nature without human beings replenishing it is tantamount to interfering with the climate. Therefore, a law like this should really deal with such issue and that is why I am linking this Bill to the other ones on mining, because we cannot really talk about climate change if we do not talk about environmental degradation and conservation.

Madam Temporary Speaker, lastly, on the issue of preserving our water and forest resources, you will notice that Lake Victoria, the biggest fresh water lake in the world, has for quite some time been dying from below. When I was working with the African Academy of Sciences in the late 1980s and early 1990s where we worked closely with the International Center for Insects Physiology and Ecology (ICIPE) , under the late Prof. Odhiambo, we carried out a study on the environmental degradation in Lake Victoria and it was confirmed that the great lake was dying from below.

This does not just adversely affect the aquaculture in the lake but the climate as well. This is because as we know from our early Geography lessons in primary and secondary schools, rainfall is affected by evaporation from large water resources, like Lake Victoria. During the day, the vapor rises up, goes to the mountains, then when it cools, there is precipitation. However, when there is ecological change in the lake affecting both the water and aquaculture in the lake, it adversely affects the climate.

Madam Temporary Speaker, we, therefore, need to have laws like this which help us preserve our water resources to the extent that environmental changes that occur in these water resources do not adversely affect the climate. The same goes for our forest resources; the flora and fauna. It has been lamented that a very small percentage of the land surface in Kenya is covered by forest. The latest figure that I got is about 10 to 12 per cent. This is very serious especially when the small percentage covered by forest resources is also being depleted very fast.

It was quite tragic that when in the Coalition Government under the former Prime Minister, Hon. Raila Amollo Odinga, took the initiative to recover Mau Forest, it attracted adverse political reaction from the so-called stakeholders who are nothing other than political entrepreneurs, to turn an otherwise very honourable project into a disastrous campaign against the former Prime Minister’s initiative. However, this did not stop the urgency of preserving the Mau Forest. The very people who opposed this initiative are the ones who are crying that this initiative should continue and succeed.

Madam Temporary Speaker, when it comes to issues of environment and climate change, let us not be unreasonably partisan on certain measures that have been taken purely for parochial and chauvinistic political reasons. This does not augur well for both the national and global interests of human kind because in the final analysis, the preservation of the environment and survival of human kind are both very intertwined.

One very interesting thing that the Deputy President said recently was that we, in Kenya, are the only people who are justified on the face of the earth to welcome the rest of the humanity home, because Kenya is the home of human kind. The first human being was discovered here; Kenyapithecus zinjathropus and no one knows whether he was a

July 29th, 2015 SENATE DEBATES

Today, the House is very interesting because of all the Senators in attendance, 85 per cent are female Senators taking their work very seriously.

On a point of order, Madam Temporary Speaker. Is it in order for Sen. Elachi to talk about the National Assembly and Parliament? She should have said the National Assembly and the Senate so that we do not give a wrong impression because she is talking about a critical point of the Bill being subjected to both Houses. I think she wanted to highlight the Senate and the National Assembly.

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

Madam Temporary Speaker, I meant that the words “National Assembly” should be deleted and replaced with the word “Parliament” to ensure that both the Senate and the National Assembly receive reports.

Madam Temporary Speaker, the most important thing we need to look at are functions to be performed by counties and those of the national Government. However, we must ensure that those functions are stipulated very clearly in the Bill.

The issue of the Cabinet Secretary (CS) has been emphasised in the Bill, which is okay. However, we must understand climate change cuts across many Ministries. Therefore, we have to be very clear on that, or else, we will continue facing the same challenges we faced when we were looking at the Food Security Bill. We had to delete

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

Thank you, Madam Temporary Speaker for giving me this opportunity to contribute to the Climate Change Bill (National Assembly Bill No.1 of 2014) . From the outset, I thank you for recognising the very important work that women Senators in this House do and how they stay here up to the late hours to make our Senate better and grow so that we finish the business of the day.

Madam Temporary Speaker, this Bill that has been brought to this House is very important. Climate change has been universally recognised as one of the greatest global challenges that the world is facing today. This is because it affects and creates serious threats to sustainable development in this world. Therefore, I am very happy that hon. (Dr.) Otichilo considered it proper to bring a Bill that would address policy issues, regulate climate change and create adaptation and mitigation of the effects of the climate change.

Madam Temporary Speaker, as you are aware, Kenya has ratified several international conventions including the UN Framework Convention on Climate Change that was adopted in 1994 and the Kyoto Protocol in 2005. Incidentally, the United States of America that trumpets to be a democratic nation has refused to ratify these conventions---

July 29th, 2015 SENATE DEBATES

It is now time for the Mover.

Madam Temporary Speaker, I beg to move.

July 29th, 2015 SENATE DEBATES

Very well. The request is in order. We shall put the Question tomorrow afternoon.

Next Order!

Madam Temporary Speaker, I thank the Mover of this Bill who is a Member of the National Assembly. I also thank the National Assembly for realising that this is a Bill that touches on counties.

Madam Temporary Speaker, you will realise that climate change is a challenge that faces the global world. There have been many protocols, for example, the Kyoto Protocol of 2005 which obligates governments to ensure that every country mitigates and handles climate change. Climate change has especially affected Third World countries. We have faced different challenges especially disasters of rainfall and snow. For example, Nyandarua County experiences snow and that has completely changed. Therefore, climate change has also affected the agricultural sector. Most of the farmers who believed in and followed the seasons that have now changed are also affected.

Madam Temporary Speaker, the Bill has to be amended to ensure that the words “National Assembly” are changed to “Parliament” to ensure that both the Senate and “Parliament” receive, for example, reports and many other issues that the Mover of the Bill has indicated.

The other issue I want to raise concerns Clause 6 which is about issues relating to climate change. We must ensure that as we create this not just at the national level---

On a point of order, Madam Temporary Speaker. Is it in order for Sen. Elachi to talk about the National Assembly and Parliament? She should have said the National Assembly and the Senate so that we do not give a wrong impression because she is talking about a critical point of the Bill being subjected to both Houses. I think she wanted to highlight the Senate and the National Assembly.

Sen. (Dr.) Zani, what exactly do you think is out of order in that order of reference?

Madam Temporary Speaker, was the Senator in order to allude that the National Assembly and the Senate are inclusive? I think she wanted to allude to the National Assembly and the Senate rather than the National Assembly and Parliament.

My understanding of her reference was that she meant that both Houses constitute what is referred to as Parliament. If that is what she meant, then, she is in order because the Senate and the National Assembly constitute Parliament.

Madam Temporary Speaker, I meant that the words “National Assembly” should be deleted and replaced with the word “Parliament” to ensure that both the Senate and the National Assembly receive reports.

Madam Temporary Speaker, the most important thing we need to look at are functions to be performed by counties and those of the national Government. However, we must ensure that those functions are stipulated very clearly in the Bill.

The issue of the Cabinet Secretary (CS) has been emphasised in the Bill, which is okay. However, we must understand climate change cuts across many Ministries. Therefore, we have to be very clear on that, or else, we will continue facing the same challenges we faced when we were looking at the Food Security Bill. We had to delete

July 29th, 2015 SENATE DEBATES

Thank you, Senator. Senate Minority Deputy Whip, Sen. Ong’era.

Thank you, Madam Temporary Speaker for giving me this opportunity to contribute to the Climate Change Bill (National Assembly Bill No.1 of 2014) . From the outset, I thank you for recognising the very important work that women Senators in this House do and how they stay here up to the late hours to make our Senate better and grow so that we finish the business of the day.

Madam Temporary Speaker, this Bill that has been brought to this House is very important. Climate change has been universally recognised as one of the greatest global challenges that the world is facing today. This is because it affects and creates serious threats to sustainable development in this world. Therefore, I am very happy that hon. (Dr.) Otichilo considered it proper to bring a Bill that would address policy issues, regulate climate change and create adaptation and mitigation of the effects of the climate change.

Madam Temporary Speaker, as you are aware, Kenya has ratified several international conventions including the UN Framework Convention on Climate Change that was adopted in 1994 and the Kyoto Protocol in 2005. Incidentally, the United States of America that trumpets to be a democratic nation has refused to ratify these conventions---

July 29th, 2015 SENATE DEBATES

Hon. Senators, it is now time to interrupt the business of the Senate. The Senate stands adjourned until tomorrow, Thursday, 30th July, 2015 at 2.30 p.m.

The Senate rose at 6.40 p.m.

Madam Temporary Speaker, I beg to move.

July 29th, 2015 SENATE DEBATES

Very well. The request is in order. We shall put the Question tomorrow afternoon.

Next Order!

Madam Temporary Speaker, I beg to move that the Community Land Bill (Senate Bill No.38 of 2014) be now read a Second Time.

Madam Temporary Speaker, I will be very brief because it is my wish that this Bill can be seconded before 6.30 p.m. This Bill is about a very important factor of production which is land. But even more importantly, it is about a category of land that has been the subject of a lot of tension in our country, that is, community land. The Constitution that we are applying now categorizes land, in Article 61 into three categories, namely public land, private land and community land. It goes on to talk about the need for Parliament to make legislation to regulate various aspects of land. It was intended, under the Sixth Schedule of the Constitution, that four pieces of legislation touching on various aspects of land could be enacted. The other three pieces of legislation have already been enacted long time ago, namely the Land Act of 2012, the Land Registration Act of 2012 and the National Land Commission Act of 2012.

The Community Land Act which was anticipated under the Constitution to be passed has not been passed. It has a deadline of 27th August and somehow we have to contend with that. But briefly put, community land is sensitive and that is why the drafters of the Constitution provided in Article 63 (4) of the Constitution that all land which was previously called Trust Land--- Community land now is what used to be called trust lands and they used to be governed by the operation of two legislations; the Trust Land Act, Cap.288 and the Local Government Act, Cap.265. So, all the land that was under the control of county councils, on behalf of communities, would now be governed by a new law. This is the law that we are discussing here today.

What does it say? It talks about the National Land Commission going out to adjudicate the entire country in terms of community land – the former trust land. For avoidance of doubt, Article 63 (4) of the Constitution froze any transaction or dispossession on the former trust lands until this law is in place. Therefore, people will not alienate, dispose or transfer land which was under the trust of the county councils because they no longer exist.

This Bill now transfers the mandate of trust from county councils to a shared trust between the National Land Commission and county governments in respect to the county where that land is found. So, this Bill creates a number of institutions, including community land boards. The key thing to note here is that community land will now be held in trust by the National Land Commission on behalf of county governments.

July 29th, 2015 SENATE DEBATES

Madam Temporary Speaker, I rise to second the Community Land Bill (Senate Bill No 38 of 2014) , which, as rightfully put, is supposed to effect Article 63 (5) of the constitution, which says:-

“Parliament shall enact legislation to give effect to this article.” This article talks about community land. This Bill is timely. Those who come from areas which were popularly referred to as marginalised areas, know that a small chunk of land is private or public. Most of it was trust land. Sometimes, parcels of land were catergorised as group ranches. Some clever people have abused this process by buying off some community land. When this Bill is enacted, they also become rightful owners of this land.

Madam Temporary Speaker, this Bill states clearly what is supposed to be done. It addresses recognition, protection, registration of community land and their rights. It lists all of them. It also talks about Community Land Management Committees that will be in place in every county, sub-counties and below. It reminds me that in my county, there is a sub-county which is a size of a constituency, but has no title deed. One fellow was mischievous; he went and looked for rights to prospect rubies. Somehow, he came with a title deed from Nairobi. That “hanging” title deed will now be revoked courtesy of this law. How did he acquire a title deed? Some people who want to benefit at the expense of

July 29th, 2015 SENATE DEBATES

Madam Temporary Speaker, let me congratulate Sen.

Kindiki for bringing this Bill. For a long time, issues of land have been very sensitive in this country and especially the issue of community land. It has been quite difficult to define what community land is and various definitions have been given. Lots of complications come because they do not know the basis of community land; is it for people sharing common ancestry, a common language, the geographical space or the interests of that community? It becomes very critical to provide basis for recognition, protection, management and administration of community land.

As the Mover of this Motion said while moving the Motion, previously, adjudication had not specified community land. It was across all land. It is important to have the key components put into place.

Order, Sen. (Dr.) Zani. I will interrupt you a little bit. I want to invoke the provisions of Standing Order No.30 to allow you extra time to conclude your contribution when this matter is next on the Order Paper. We will move to the next contributor before close of business.

Madam Temporary Speaker, I was saying that it is important that this adjudication be done for all the land. It is going to be an extensive exercise. The National Land Commission (NLC) will have to look into the different pieces of land and come up with the clear categories of the same land. The county councils that held the land in trust can give the responsibility to the national Government and the county governments.

Looking through the whole issue of unregistered community land gives us a sense of the problems that have come about. For example, in the former Coast Province, there have been a lot of problems when purchases of land have been made. Community land does not have a title. You find that one of the brothers can sell the land without other members knowing. It is important to have this sort of a process so that this can be streamlined. Looking through the definitions, I see the issue of community has been tackled. I want to say that the definition of natural resources is very narrow. When we come to the Committee Stage, we will propose amendments which will include a broad definition of natural resources as per Article 260. A lot has been left out in that definition.

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

July 29th, 2015 SENATE DEBATES

Hon. Senators, it is now time to interrupt the business of the Senate. The Senate stands adjourned until tomorrow, Thursday, 30th July, 2015 at 2.30 p.m.

The Senate rose at 6.40 p.m.