Wednesday, 30th May, 2018

Where is the Senate Majority Leader? He is not present. Where is the Chairperson of the Committee on National Security, Defence and Foreign Relations? He is also not present.

Next order.

There are no statements, so call out Order No. 4; I think we have one Petition.

Hon. Senators, I hereby report that a petition has been submitted through the Clerk of the Senate by the residents of Utheri wa Lari in Mai Mahiu. As you are aware, Article 119 (1) , the Constitution says:-

“Every person has a right to petition Parliament to consider any matter within its authority, including enacting, amending or repealing any legislation.” Hon. Senators, the salient issues raised in the said Petition are as follows:-

ongoing works; and instead allowing early entry to the Chinese company undertaking the construction despite several issues remaining unresolved.

Mr. Deputy Speaker, Sir, the reason why many of us do not want to comment at this stage is because we did comment on the same question when it was raised by the same Senator in a Committee a few months ago. This time round, it is in the form of a petition. At that point in time, it was in the form of a statement. Therefore, we had extensively discussed it. Maybe we can just move on.

Thank you for the information. Nothing prevents citizens from presenting a petition to the House even if such matter has been raised through other avenues, including Request for Statements by a Senator. However, given the information from the Senate Majority Leader, I see no reason why we should again ventilate. This is because the observations and comments were already made at that point.

Hon. Senators, on that basis, pursuant to Standing Order No.226 (1) , the Petition should be committed to the Standing Committee on Lands, Environment and Natural Resources for its consideration.

In this case, I direct that the Petition be committed to the Standing Committee on Lands, Environment and Natural Resources together with the Standing Committee on Roads and Transportation, given the nature of the matter.

In terms of the Standing Order No.226 (2) , the two Committees are required, in not more than 60 days from the time of reading the plea to respond to the petitioners by way of a report addressed to the petitioners and laid on the Table of the Senate.

What is it, Sen. Murkomen?

Mr. Deputy Speaker, Sir, I know you are past the Order of Papers. However, before the next Order, I would like to beg for your indulgence to lay a paper that I should have laid earlier although I came in late.

Order, the Senate Majority Leader! I am not sure if that is the way to go about it. Indeed, it is not the way to go about it. First and foremost, the Senate waits for no one. That “no one” includes all of us.

Secondly, in an instance like this one, it would have been better if you approached the Chair and canvassed it. This is because it is not appropriate to go live on air to announce that you have come in late as the Senate Majority Leader.

Mr. Deputy Speaker, Sir, indeed, I was given the same piece of advice that you have a lot of powers and you would have granted me the opportunity to lay the papers.

Be it as it may, because we are live as you have said, there is nothing wrong with admitting when you come late. That is expected of all of us who are public servants to admit when we are wrong. Although I might have come five minutes late like the British Assistant Minister--- I do not want to say the time you used to come when you were the Senate Majority Leader.

Which Assistant Minister?

Mr. Deputy Speaker, Sir, I have forgotten the name of the British Assistant Minister who came five minutes late to the House of Lords and attempted to resign though the Prime Minister refused.

Is that something you want us to consider?

Mr. Deputy Speaker, Sir, what I was trying to say is that there is nothing wrong with public servants, just like him, to admit when they come late. However, the severity of the punishment meted on you must also be proportional to your offence.

I did not want to refer to the time in which the former Senate Majority Leader used to come to the House.

The former Senate Majority Leader of what House?

Mr. Deputy Speaker, Sir, I am referring to the immediate former Senate Majority Leader of this House.

Order, the Senate Majority Leader!

Mr. Deputy Speaker, Sir, there is only one former Senate Majority Leader in this House.

The Senate Majority Leader, when you come in the circumstances in which you have come into, when your hands are not clean, you do not have the leeway to start venturing into dangerous frolics.

Mr. Deputy Speaker, Sir, Sen. Sakaja said he follows his leader. Therefore, I also follow my leader. Let me now lay the paper.

Thank you, the Senate Majority Leader.

There is also another paper from the Chairperson of the Standing Committee on National Security, Defence and Foreign Relation.

Thank you, Mr. Deputy Speaker, Sir. I will also follow my leader in this one. In his example of House of Lords, the name of that Assistant Minister was the Rt. Hon. Lord Bates, Ministry of International Development, who chose to resign after coming five minutes late. That is a good standard to uphold, but for us----

Why are you not following it?

Mr. Deputy Speaker, Sir, an apology will suffice for now. So, we are very sorry for being a little bit off the mark in terms of time.

Report of the Standing Committee on National Security, Defence and Foreign Relations on a Fact-Finding Visit to Solai Farm, Nakuru County on 14th May, 2018.

Order! The Senate Majority Leader, you seem not to be prepared for many things today. It is not just you alone, but also the entire team.

Order, Chief Whip! You had a point of order?

On a point of order, Mr. Speaker, Sir. I also wish to seek your indulgence. I know we have passed on the Order Paper, the notices of Motions which was Order No.6. If you would be agreeable, I wish we would go back to that order so that I bring my Notice of Motion.

That validates what I have just said. That, today is not a very efficient day for the Majority side. For clarity, I will repeat what I said to your boss, the leader of majority, which is; Senate waits for no man, and I amend, or woman. Nevertheless, you can proceed and give that Notice of Motion.

Mr. Deputy Speaker, Sir, I will make sure that it does not happen again. Now that you have amended “the Senate waits for no man or woman,” I stand guided.

APPRECIATING the good work of the Red Cross Society of Kenya and the national Government for their swift responses upon receiving the information of the dam tragedy; DEEPLY concerned that this human catastrophe occurred despite the existence of the Kenya Water Resources Management authority (WARMA), an institution that is created and mandated to ensure effective management of water resources; FURTHER concerned that the Water Resource Management Authority does not have a framework on licensing, construction, usage, sharing of dam water resources, insurance and inspection of earth dams and that, currently, there are no standards which dam owners are required to adhere to and comply with; ALSO concerned that the Water Resources Management Authority knew that the Solai Dam posed a great risk to Kenyans living downstream and they did little or nothing to avert the danger and that the Solai Dam Tragedy appears to have occurred as a result of their negligence; NOTING with concern the sad revelations following the investigative report by the Kenya Human Rights Commission on the Solai Dam Tragedy that points to ignorance and a suspicious relationship between the owners of the dam, the National Environment Management (NEMA) and WARMA officials in their singular and joint omission that resulted in failure to act on early warning information given to them about the impending danger and the continued failure by NEMA to put in place standards on quality of dam walls and regulations to address the downstream effects and impact of dams whose walls burst, especially, the protection and restoration of the flora and fauna and the environment in general; APPREHENSIVE that with the continuing heavy rainfall now and in the future, such incidents as the Solai one could happen elsewhere in Kenya; DESIRIOUS of the need to take steps towards ensuring that similar man-made disasters are prevented from reoccurring; NOW THEREFORE the Senate resolves to establish a Select Committee to:-

AND THAT the following Senators be Members of the Select Committee:

Order, Chief Whip!

Mr. Deputy Speaker, Sir, sorry. I give notice.

You are supposed to keep quiet. Once you finish reading you are supposed to keep quiet. That is the tradition.

Okay, Chief Whip, the notice is given.

Thank you, Mr. Deputy Speaker, Sir, if I may respond or do I continue keeping quiet.

No. resumes your seat Sen. Kihika. I do not know what happened today to many of us but it is interesting that this is from one side of the House.

Senate Majority Leader, in consultation with the whips, keep on checking the numbers because of the Division and advise accordingly. Do you want to say something?

Mr. Deputy Speaker, Sir, we should proceed with the Committee, and then, we put the question at the relevant time so that by the time we are putting the question, the numbers would have been sufficient.

Senate Majority Leader, I thought there is a Division on Committee Stage.

Mr. Deputy Speaker, Sir, yes, there is a Division on the Committee Stage. So, we have to do the Committee Stage first.

So the Committee has not been---

Prosecuted.

okay, that is noted. Hon. Senators, if you look at your Order Paper, for the convenience of the Senate, I will direct that we reorganize one or two items. I direct that we dispense with Order No.12. It is a straight forward matter. I hope there will not be a lot of debate. There is no need for much debate. It is a procedural Motion. After that, we go to the Committee of the Whole.

Mr. Deputy Speaker, Sir, I do not intend to take the trophy for late coming from the other side of the House. Tomorrow, I will make sure I am here on time.

I direct further, before we go to Order No.12, we dispense with Order No.8.

Next Order!

Order, Senator! Is football part of the Senate business?

The Senate Leader of Majority (Sen. Murkomen) : Yes, Mr. Deputy Speaker, Sir, football and sports is part of the Parliament business in terms of promotion of networks, opening and widening devolution. It is one of the mechanisms that we reach out to as many people as possible in this country, while promoting fitness and sports in the country.

For the record, we played with him last time we faced Parliament of Turkey as part of promoting friendship with the People of Turkey and the Republic of Turkey. He is a football player and is very passionate about youth issues in this county. I am glad that in his youth, he got an opportunity to serve in leadership just like some of us did.

It is important for him to join the Senate Business Committee to bring the energy, focus and commitment he has for scheduling business for this House and discussing the direction that the House takes as far as matters business are concerned. That thanks to the cordial relationship that is prevailing in this House and the country, we will work very

Yes, Mr. Deputy Speaker, Sir, football and sports is part of the Parliament business in terms of promotion of networks, opening and widening devolution. It is one of the mechanisms that we reach out to as many people as possible in this country, while promoting fitness and sports in the country. For the record, we played with him last time we faced Parliament of Turkey as part of promoting friendship with the People of Turkey and the Republic of Turkey. He is a football player and is very passionate about youth issues in this county. I am glad that in his youth, he got an opportunity to serve in leadership just like some of us did. It is important for him to join the Senate Business Committee to bring the energy, focus and commitment he has for scheduling business for this House and discussing the direction that the House takes as far as matters business are concerned. That thanks to the cordial relationship that is prevailing in this House and the country, we will work very

closely with Sen. Malalah who was my friend even before the handshake, we had many handshakes before the highly profiled one, both uniting and dividing handshakes.

Mr. Deputy Speaker, Sir, I support the Motion. I am not seeing the Minority leader or the whip from the minority side. You have a habit of admonishing either side of the House.

Order senator! Yes, Sen.

Mr. Deputy Speaker, Sir, I withdraw and apologise.

Proceed. The Senate Leader of Majority (

Sen. (Dr.) Musuruve, do you insist on speaking? Say whatsoever in a minute.

Order senator! Yes, Sen.

Mr. Deputy Speaker, Sir, I second the Motion.

Leader of Majority, I hope you have now heard her speak. Order, Senators!

Sen. (Dr.) Musuruve, do you insist on speaking? Say whatsoever in a minute.

Mr. Deputy Speaker, Sir, thank you for giving me the opportunity to support the appointment of Sen. Malalah to the Senate Business Committee. Sen. Malalah comes out as a vibrant Senator in this House. He is an inspiration to the youth and is all rounded, in sports and drama. He has taken a number of students to State House and this is encouraging to young leaders who are coming up. He has qualities that need to come up and be nurtured.

I beg to support.

Thank you. First and foremost, this is not a matter concerning counties. Senate Majority Leader, do you want to reply?

Yes.

Please do.

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

You should actually beg to move.

(Sen. Murkomen spoke off-record) Order, Senators! I will now put the question. As I have directed, this is not a matter concerning counties.

Madam Temporary Chairperson, I beg to move:- THAT Clause 4 of the Bill be amended by deleting sub-clause (2) and substituting therefor the following new sub-clause-

Total Ceilings 25,885,557,171 26,779,286,753 28,897,399,203 32,783,118,606

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting the Fourth Schedule and substituting therefor the following new Schedule-

Kilifi 569,014,114 588,398,337 638,942,332 753,514,171 Kirinyaga 506,599,449 524,676,019 490,547,175 556,734,809 Kisii 602,837,969 623,039,058 779,851,723 907,969,871 Kisumu 569,014,114 588,398,337 656,616,804 684,802,036 Kitui 585,926,041 605,718,697 727,297,161 811,797,246 Kwale 518,278,330 536,437,254 491,804,086 584,760,053 Laikipia 478,008,640 495,594,424 403,586,936 441,560,603 Lamu 449,417,832 466,512,829 357,441,657 404,937,595 Machakos 585,926,041 605,718,697 710,670,184 831,776,339 Makueni 552,102,186 571,077,976 623,097,274 746,360,207 Mandera 561,097,207 580,289,418 708,469,750 728,474,208 Marsabit 518,278,330 536,437,254 559,260,215 597,578,513 Meru 602,837,969 623,039,058 831,034,732 925,216,546 Migori 585,926,041 605,718,697 736,791,733 828,127,065 Mombasa 552,102,186 571,077,976 611,938,336 646,914,950 Murang’a 569,014,114 588,398,337 613,746,528 724,534,618 Nairobi City 738,133,392 761,601,944 1,293,426,918 1,386,671,700 Nakuru 636,661,824 657,679,779 813,963,353 969,538,825 Nandi 552,102,186 571,077,976 593,045,251 631,178,919 Narok 552,102,186 571,077,976 601,710,917 708,556,511 Nyamira 518,278,330 536,437,254 485,084,189 587,432,863 Nyandarua 535,190,257 553,757,614 555,137,541 623,474,296 Nyeri 552,102,186 571,077,976 586,007,599 659,447,249 Samburu 466,329,759 483,833,189 419,035,586 474,065,548 Siaya 552,102,186 571,077,976 592,664,559 648,656,207 Taita- Taveta 518,278,330 536,437,254 521,642,011 585,350,779 Tana River 489,687,521 507,355,659 454,495,177 472,819,158 Tharaka Nithi 478,008,640 495,594,424 384,283,351 424,689,934 Trans Nzoia 535,190,257 553,757,614 530,452,425 614,078,431 Turkana 552,102,186 571,077,976 764,435,401 743,352,347 Uasin Gishu 552,102,186 571,077,976 568,747,182 671,972,798 Vihiga 535,190,257 553,757,614 530,154,162 607,253,791 Wajir 543,107,164 561,866,534 643,968,360 719,759,837 West Pokot 518,278,330 536,437,254 483,519,537 573,674,197

Total Ceilings 25,885,557,171 26,779,286,753 28,897,399,203 32,783,118,606

County; Sen. Olekina, Narok County; Sen. Seneta, Kajiado County; Sen. Wambua, Kitui County and Sen. Wetangula, Bungoma County.

May 30, 2018 SENATE DEBATES DIVISION ELECTRONIC VOTING

County; Sen. Olekina, Narok County; Sen. Seneta, Kajiado County; Sen. Wambua, Kitui County and Sen. Wetangula, Bungoma County.

Madam Temporary Chairperson, pursuant to Standing Order No. 142, I beg to move that the Committee do report to the Senate its consideration of the County Allocation of Revenue Bill (Senate Bills No.11 of 2018) and its approval thereof with amendments.

Sen. Mutula Kilonzo Jnr. seconded.

Hon. Senators, let us have the temporary Chairperson to report to the House.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the County Allocation of Revenue Bill (Senate Bills No.11 of 2018) and its approval thereof with amendments.

Can we have the Mover of the Bill?

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Senate Majority Whip to second.

Sen. Kihika, go ahead. Sen. Kihika seconded

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

Order! Sen. Mahamud, you are completely out of order.

Mover of the Bill, the Floor is now yours.

Mr. Deputy Speaker, Sir, I beg to move that the County Allocation of Revenue Bill (Senate Bills No.11 of 2018) be now read a Third Time. I request the Senate Majority Leader to second.

Sen. Murkomen, please, go ahead. The Senate Majority Leader (Sen. Murkomen) seconded.

Hon. Senators, we will go to Division. I direct that the division bell be rung.

Hon. Senators, the results of the Division are as follows:-

Ayes: 26 Noes: 0 Abstentions: 0 The “Ayes” have it.

Serjeant-at-arms, open the door and withdraw the Bars.

Hon. Senators, before the next Order is called, again looking at the Order Paper, I direct that Order No.13, upon consultation

Hon. Senators, get ready to vote. This is the final vote on this Bill.

Hon. Senators, you have 30 minutes left to vote. Let the assisted voters come forward and vote.

May 30, 2018 SENATE DEBATES THIRD READING THE COUNTY ALLOCATION OF REVENUE BILL (SENATE BILLS NO.11 OF 2018) DIVISION ELECTRONIC VOTING

Hon. Senators, the results of the Division are as follows:-

Ayes: 26 Noes: 0 Abstentions: 0 The “Ayes” have it.

Serjeant-at-arms, open the door and withdraw the Bars.

Hon. Senators, before the next Order is called, again looking at the Order Paper, I direct that Order No.13, upon consultation

with the Mover, be deferred to such a time as might be determined by the Senate Business Committee.

Sen. Wamatangi is not here. I also direct that this Bill be deferred to such a time as may be determined by the Senate Business Committee.

Next Order.

The report of the Committee is not ready. Therefore, I direct that this item be deferred to Tuesday next week. An hon. Senator: Which one?

Next Order.

examination by a registered medical officer in a registered and certified health facility; CONCERNED THAT of the nearly four million Kenyans living with disabilities who reside in Kenya, there is a very small fraction of the number which is duly registered; AWARE THAT medical services are now a devolved function; FURTHER CONCERNED THAT without proper registration, many persons living with disabilities are denied services because they lack the necessary proof of disability; ALSO CONCERNED THAT owing to lack of accurate data on persons living with disabilities, the government at both levels cannot plan properly for this category of people; NOW THEREFORE, the Senate calls upon the National Council for Persons with Disabilities in collaboration with Ministry of East African Community, Labour and Social Protection and county governments, to carry out a nationwide registration of all persons living with disabilities in order to determine their exact population to facilitate effective service for this marginalized group of our society.

He is not here. He did not carry his materials.

cannot crisscross around the Mace and bow left, right and centre. You can do that in court because there is no Mace.

I do not see Sen. Khaniri and the information that Sen. Nyamunga is giving me is not verified. He was here and said that he had gone to look for his notes. Then somewhere between here and where Sen. Nyamunga is sitting, the story has changed. According to the Chair, he has disappeared.

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

What is it, Sen. Wetangula?

cannot crisscross around the Mace and bow left, right and centre. You can do that in court because there is no Mace.

I do not see Sen. Khaniri and the information that Sen. Nyamunga is giving me is not verified. He was here and said that he had gone to look for his notes. Then somewhere between here and where Sen. Nyamunga is sitting, the story has changed. According to the Chair, he has disappeared.

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

What is it, Sen. Wetangula?

Mr. Deputy Speaker, Sir, to be fair to the distinguished Senator for Vihiga County, who is my kid brother, he did not disappear. He said to those of us sitting next to him that since he did not anticipate that his Order would be reached, he had left his files and notes in his office. So, he has gone to fetch them. That is different from a disappearance. At least, the record of the Senate should be straight. You remember the famous case of the British inquiry into the disappearance and reappearance of Lord Darling.

Senator, the consequences are the same, which is, that he has allegedly disappeared to fetch his notes. Disappearance is an act of sudden unexplained absence.

That Order is deferred. We move on to the next Order.

Order, Senators. That brings us to the end of today’s business.

Hon. Senators, having concluded the business of the day, it is now time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow, Thursday, 31st May, 2018, at 2.30 p.m.

The Senate rose at 4.05 p.m.

Is Sen. Fatuma Dullo here?

She has also disappeared.

Order, Senators! For someone to disappear, they must have appeared in the first place. Disappearance is a consequence of- --

Is Sen. Dullo not here?

Order, Senators. That brings us to the end of today’s business.

Hon. Senators, having concluded the business of the day, it is now time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow, Thursday, 31st May, 2018, at 2.30 p.m.

The Senate rose at 4.05 p.m.