Lenny Maxwell Kivuti

Sen. Kivuti

Sen. KivutiThank you, Mr. Speaker, Sir. May 7, 2015 SENATE DEBATES Sen. Kivuti Thank you, Mr. Speaker, Sir.

Chairman of the Committee on Lands and Natural Resources? Order Chair, I see Sen. (Prof.) Lesan is on a point of order.

On a point of order, Mr. Speaker, Sir. Since it has been proved that this land was fraudulently obtained, it therefore means that there were some criminal acts which were committed by officials in the Government. Could the Chairman May 7, 2015 SENATE DEBATES

also mention or tell this House whether there were any proceedings to commit those who are involved in this web of land grabbing in the city or elsewhere are brought before a court of law for justice to take its course? Sen. Kivuti Mr. Speaker, Sir, I appreciate that the...

On a point of order, Mr. Speaker, Sir, if I heard the Senator for Murang’a clearly, he wanted to know whether the demolition of structures would be done on this particular property. You have heard the Chair, who is the Senator for Embu, telling us that they are expecting that...

Mr. Speaker, Sir I appreciate what Sen. (Dr.) Khalwale has sought. Whereas, this is a good report and I commend the work of the Committee, the truth of the matter is that it is still inchoate and not complete because it had deadlines. There is the deadline of 12th of...

Order Senator, I think you have been quoting quite extensively, just make the points now.

Mr. Speaker, Sir, this has to do with 1.5 hectares of public land that is reserved for the public and somebody is purported to take. The National Land Commission---

I know Senator but this is also Statement time. I had indulged you much earlier and you went through it quite extensively. Just revisit the issues you feel---

Mr. Speaker, Sir, the question is because the resolutions have a deadline of 12th March 2015 by which the NLC had to confirm that the title had been revoked, that is why I said it in inchoate. Has the NLC confirmed as of that date or a later date that...

Sen. Kivuti

Sen. Kivuti Order, Members! Let us conclude this one. I think we are getting somewhere. The Chairperson has concluded that he will write to the NLC for an update then from that update, we will know the next course of action. Senator for Murang’a, you should be happy about that...

Sen. Kivuti

Sen. Kivuti Thank you very much. Next Statement.

Order, Chairman. Yesterday, I read to you Article 47 of the Constitution regarding delivery of services expeditiously and efficiently. I do not think it is the business of this House to start apologising on behalf of public servants. It is our job to press and press on so that they...

Thank you very much. Next Statement. BUSINESS FOR THE WEEK COMMENCING TUESDAY 12 TH MAY, 2015

Sen. Kivuti Mr. Speaker, Sir, this is a Statement in response to an inquiry or to a question raised by the distinguished Senator for Kitui, Sen. Musila on Thursday 19th February, 2015. The distinguished Senator for Kitui County requested the Committee to provide information regarding the status of cash transfer...

Statement 2 (b) for the Chair of the Committee on Labour and Social Welfare? STATUS OF CASH TRANSFER PROGRAMME

Mr. Speaker, Sir, this is a Statement in response to an inquiry or to a question raised by the distinguished Senator for Kitui, Sen. Musila on Thursday 19th February, 2015. The distinguished Senator for Kitui County requested the Committee to provide information regarding the status of cash transfer programmes and...

Order, Chair! If you have copies of the responses to the Statements, I would appreciate it if you hand over to the Member who sought it as well as a copy to the Clerks-at-the-Table

Mr. Speaker, Sir, first and foremost, I want to thank the Chair for providing the information, though it is being provided three months since it was requested. This is a very important matter concerning all counties of this Republic. The matter of cash transfers to the under privileged, including the...

so that we interrogate it properly and substantively come up with clarifications. I am asking for Tuesday, next week, by which time I would have read, scrutinized and shared this list with my colleagues.

Proceed, Chairperson. That sounds like a reasonable request.

I oblige, Mr. Speaker, Sir.

When do we slot it?

Tuesday, Mr. Speaker, Sir.

It is so ordered, Tuesday, next week.

Sen. Kivuti Mr. Speaker, Sir, it is true that we attempted to do a report. However, what I have in front of me is supplementary information on the Statement which I gave on this matter. If you allow, we could give the supplementary information and that would save a lot...

Sen. Kivuti Mr. Speaker, Sir, could you then allow me to table the report, so that in case you rule that it is a report, then we will still present it? I have the document here with me.

Sen. Kivuti Most obliged, Mr. Speaker, Sir.

Sen. Kivuti Mr. Deputy Speaker, Sir, there was communication from the Chair where it was ordered that I bring forth a Statement on the ongoing property development on land reference number Nairobi Block 90/599 situated at the junction of Loresho Ridge and Kiptagat Road. This instruction was given when you...

Sen. Kivuti Mr. Deputy Speaker, Sir, I have both. The report was as a result of the Statement which I gave, but required additional intervention. We, as a Committee, did so and came up with a report.

Sen. Kivuti

Sen. Kivuti

Sen. Kivuti

Sen. Kivuti Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Wednesday, 25th March, 2015:- The Kenya National Housing Survey Basic Report 2012/2013. (Sen. Kivuti laid the document on the Table) NOTICES OF MOTIONS ADOPTION OF FINANCE COMMITTEE REPORT ON...

Sen. Kivuti Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate. The Report of the Standing Committee on Land and Natural Resources on the Environmental Management and Co-ordination (Amendment) Bill, 2014. (Sen. Kivuti laid the document on the Table) (Sen. Sang spoke off...

Sen. Kivuti Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today Wednesday 18th March, 2015:- A Report of the Standing Committee on Lands and Natural Resources on the National Drought Management Authority Bill, 2014. (Sen. Kivuti laid the document on...

Sen. Kivuti Mr. Speaker, Sir, I beg your indulgence. This was a continuation and clarification of the same Statement ---

Sen. Kivuti Thank you, Mr. Speaker, Sir. Let me go to item (d) . At the sitting of the Senate on 12thFebruary, 2015, Sen. Mutula Kilonzo Jnr. requested for a Ministerial Statement on the lifting of a moratorium on timber harvesting as stated in a press statement on the Daily...

Sen. Kivuti Mr. Speaker, Sir, as to whether the Government will allow logging of trees at the same rate, yes, the Government will allow logging as long as it is sustainable. People must plant trees before they log. On whether the Government will adopt sultanate theory to cut one and...

Sen. Kivuti Order, Mr. Chairman! I am sure Sen. Wetangula has heard you. He wants to explain that, that was not the case. (Laughter)

Order, Mr. Chairman! I am sure Sen. Wetangula has heard you. He wants to explain that, that was not the case. Sen. Kivuti Mr. Speaker, Sir, I mean misdemeanor. The Senate Minority Leader (

Sen. Kivuti Order, Chairman! Let me clarify that that key word was not there. (Laughter) (Laughter)

Order, Chairman! You are the one referring to yourself as “misdemeanor”. That is not what Sen. Wetangula said. Sen. Kivuti What is it, Sen. (Prof.) Anyang’-Nyong’o? (Laughter)

Order, Chairman! Let me clarify that that key word was not there. Sen. Kivuti Mr. Speaker, Sir, let me answer the rest of the questions. I explained in this document that you cannot carry out the Environmental Impact Assessments (EIAs) of all the forests which I read in the schedule...

What is it, Sen. (Prof.) Anyang’-Nyong’o?

On a point of order, Mr. Speaker, Sir. Is the hon. Chair in order to assume that in the Mau Forest, there were no IDPs from those three counties? Mau Forest is in Kenya. These IDPs are from Kenya and these three counties are in Kenya. So, why make the...

Hon. Members, we have taken so much time on this Statement.

On a point of order, Mr. Speaker, Sir. The Chairperson of the Committee on Land and Natural Resources, in his response, made an interpretation of what Sen. Wetangula might have said about him. He said that for that reason he shall not respond to Sen. Wetangula’s question. That might be...

Sen. Kivuti

Sen. Kivuti

Sen. Kivuti

Sen. Kivuti Thank you, Mr. Speaker, Sir. I rise to respond to a request for a Ministerial Statement sought by Sen. Wangari.

Sen. Kivuti Mr. Speaker, Sir, I think we are having a problem here. The Statement which we were about to give yesterday was a different one from this one and even when I saw the Order Paper, since it was left as the last Statement yesterday, I came with the...

Sen. Kivuti Mr. Speaker, Sir, I have to check it with our clerks because as of yesterday, the Statement for Sen. Mutula Kilonzo Jnr. was not ready. However, we had another one for Sen. Wangari, which I promised to give about three days ago.

Sen. Kivuti Thank you, Mr. Speaker, Sir. I quite agree with Sen. Mutula Kilonzo Jnr. and I must say we have had three or four Statements from the Ministry of Environment, Water and Natural Sources. Even the one which I had brought yesterday was from the same Ministry. Maybe you...

Sen. Kivuti Mr. Speaker, Sir, yesterday, we were cut off by time and we were prepared to give a response to the Statement sought by Sen. Wangari on the Kenya Wildlife Service Community Enterprise Development. At the sitting of the Senate held on 12th February, 2015, the Senator requested to...

Sen. Kivuti Mr. Deputy Speaker, Sir, this is the last paragraph. After compilation, the results were then forwarded to the Ministry for gazettement of the officers but this process has not been completed yet. In order for the ultimatization of the Act at the county level, KWS has facilitated the...

Sen. Kivuti Thank you, Mr. Deputy Speaker, Sir. The issue of operationalization of the Act is not actually a CSR. As I have stated in my answer in part (d) , I know the process of making the Act operational has been delayed and I agree with Sen. G.G Kariuki,...

Sen. Kivuti Thank you, Mr. Deputy Speaker, Sir. I am sure that the issue raised by Sen. Kagwe is not only common in Kieni, because I could also hear the Senator for Garissa whispering something similar. Even Sen. Wangari herself is talking about the harassment of women. I do not...

Sen. Kivuti Mr. Deputy Speaker, Sir, as I said earlier, if a process has already been taken and interviews have been carried out, persons have been notified, gazettement was done in February, I believe action has been taken. Instead of me giving this House another undertaking that could take another...

Sen. Kivuti Mr. Speaker, Sir, I wish to thank the Chairman of the Committee for the answer. You note from the outset that the answer from the Minister ends by saying that the Ministry through the National Land Commission is going to review the allocation of the said parcels of...

No. NRB/Block 50/599 situated at the junction of Loresho Ridge Road and Kaptagat Road March 3, 2015 SENATE DEBATES Sen. Kivuti Mr. Speaker, Sir, this piece of land, originally LR. No. 599, was allotted by the Government after re-planning into three plots, all the three plots were allotted to Mitema...

Mr. Speaker, Sir, I wish to thank the Chairman of the Committee for the answer. You note from the outset that the answer from the Minister ends by saying that the Ministry through the National Land Commission is going to review the allocation of the said parcels of land and...

that plot if there are no approved plans? What is the work of the Nairobi City County Government and NEMA?Then his reply states that the piece of land was sold to Shital Bandali. What right does Shital Bandali have of taking a public utility plot which is meant for a...

What is it, Sen. Sonko?

Thank you, Mr. Speaker, Sir. The land in question is within my county. I visited the site over the weekend and managed to take photos with the area’s residents. The land in question was reserved for a water reservoir for the residents of Nairobi and its environs.

Order, Sen. Sonko! In this House, everyone has a role to play. There is a Chairperson of the Committee who responds. So, if you have any information, you should have given it to the Chairperson. For now, you can only interrogate the Chairperson further.

Mr. Speaker, Sir, I want to seek a further clarification from the Chairperson since the developer has already taken construction materials to the site. What action is the Chairperson going to take to ensure that the construction work at the site is suspended with immediate effect as we wait for...

Senators, we need to make progress. What is your point of order, Sen. (Dr.) Machage?

Thank you, Mr. Speaker, Sir. Two weeks ago, I sought for a Statement from the Chairperson---

Order Sen. (Dr.) Machage! The points of order must relate to the current Statement. It is Statement Time, you do not need to rise on a point of order.

Mr. Speaker, Sir, you have already ordered the Chairperson of the concerned Committee on what to do.

You should put the request and I will order. However, when you say “point of order”, it means something else. It is not an opportunity to seek your Statement. Having appointed you to this position myself, I cannot indulge you any further.