David Musila

Sen. Musila On a point of order, Mr. Speaker, Sir. I am rising on a very serious matter regarding the sitting arrangement of Members in this House. Sen. Kipchumba Murkomen has been permanently sitting on that side. This afternoon, after invitation by Sen. Musila, two of our Senators have purportedly...

Sen. Musila Mr. Temporary Speaker, Sir, I would like to say that I am very grateful to the Members who supported this Motion and especially those who have personal knowledge and may have worked with the two individuals. I am sure you have learnt that these are very distinguished Kenyans...

Mr. Temporary Speaker, Sir, I beg to support this Motion and if there was any doubt in the minds of the members of the public especially the media that this Senate is not working well with the Lower House, then this is evidence that we are working very well. This...

appointees, I am privileged to have grown up with both of them. I first knew Lona Mutoro before she got married to Mumelo as a sixth form student at Lugulu High School when I was a sixth form student at Kakamega High School. I met the young lady when I...

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to support this Motion which was very ably moved by Sen. (Dr.) Kuti. I am very impressed with the process that has been put into motion to give us these two names. The process has been very open and...

Kenyans with proven record of performance, Kenyans who are real achievers in their respective professions. I am confident in making these few remarks that the addition of these two to the Parliamentary Service Commission will add value and improve the quality of performance of the Commission. Therefore, I am looking...

Mr. Temporary Speaker, Sir, I stand to support this Motion because as it has been said for the last one year the Parliamentary Service Commission has been not fully constituted because the two members from the public were not in place. This means that all the Members were parliamentarians from...

May I therefore call upon the Mover to reply?

Mr. Temporary Speaker, Sir, I would like to say that I am very grateful to the Members who supported this Motion and especially those who have personal knowledge and may have worked with the two individuals. I am sure you have learnt that these are very distinguished Kenyans who are...

This is not a matter affecting counties, therefore, every Member of the Senate can vote. I, therefore, put the Question. ADOPTION OF REPORT ON FAMILIARIZATION TOUR OF KPA, KPRL AND KPC IN

Sen. Musila

Sen. Musila Thank you very much, Mr. Temporary Speaker, Sir, for the protection. Just for information of the Senator, I cannot give all the details, but I am also a family lawyer, I have records which I can give if the Senate demands. I have examples of families who have...

Sen. Musila Thank you very much, Mr. Temporary Speaker, Sir. I do not know whether anyone congratulated you for being our Speaker this afternoon. In case it was not done, please, accept my congratulations. You are doing very well. Mr. Temporary Speaker, Sir, I want to thank and congratulate my...

Sen. Musila Mr. Temporary Speaker, Sir, I respect the gracious lady. Even if I said that, which I doubt, I did not mean literary that. It means compared to what we ought to have been doing.

Sen. Musila Mr. Temporary Speaker, Sir, I doubt whether I said that. But if I did, it is to mean that if we did what we ought to have been doing, if we were performing properly, we would be very far today. Nevertheless, I know that the gracious lady knows...

Sen. Musila Mr. Temporary Speaker, Sir, you will forgive me, but I do not know why the gracious ladies are---

Sen. Musila Mr. Temporary Speaker, Sir, what I am saying is that the squabbling that has been going on among the leaders has not been helpful to devolution. Therefore, this is why I am supporting the Motion that we educate the leaders even more than the wananchi. This is because...

Sen. Musila Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, aware that on 3rd November, 2004, Parliament passed a Motion requiring the Government to release all KCSE certificates held by schools on account of fees balances and requiring schools to cease withholding certificates on account...

Sen. Musila Madam Temporary Speaker, I rise to second this Motion. On the onset, I want to thank Sen. G.G. Kariuki for coming up with this Motion at this time when Kenyans are becoming very security conscious as a result of the incidences that we witnessed sometime, not long ago....

Sen. Musilaterms of the socio-economic and cultural indicators. If we do not have security, obviously, we have a problem. One, we have a problem of unemployment which causes insecurity. You will find that people look for ways to ensure that they make money and make ends meet.It is unfortunate that...

Sen. Musila Thank you very much, Mr. Speaker, Sir. First, I want to thank the Committee for doing a good job and making these recommendations to us within a very short time which was at their disposal. Mr. Speaker, Sir, I want to make reference to a statement which was...

Sen. Musila

Sen. Musila(Applause)

Mr. Speaker, Sir, let me take this opportunity, first, to wish the 17 ladies in this House a happy valentine. (Laughter) (Loud consultations)

Order, Senators! Proceed, Sen. Moi! Finally, I would like to agree with my colleagues that today you are holding judgment on Governor Wambora; but the real culprits are the County Officers, the County Assembly and the accounting officers with who – and I agree with Sen. Musila – February 14,...

we should have a mechanism to make sure that even they come here to be judged in abdicating their roles.So, Mr. Speaker, Sir, I just would like to conclude and ask my colleagues that the same enthusiasm that we have today, and it seems in saying that we support, I...

Support! Support! Support!

Whether I support or not, you will know when I vote. Thank you.

Sen. Obure.

Sen. Musila

Sen. Musila(Applause)An December 5, 2013 SENATE DEBATES Sen. Musila Thank you, Mr. Speaker, Sir. (Applause)

Sen. Musila, if you followed my counsel, (inaudible- --) . I would not want to delve into much discussion; suffice to say the discussions are involving all the parties for legislation and for information matters. (Applause) An

40 minutes each. COMMUNICATION FROM THE CHAIR PROCEDURE TO FOLLOW ON ORDER NO.9

About 40 minutes each, and then it can be revised if that mathematics is not correct. So, I will want to give the procedure on how to proceed on Order No.9. Hon. Senators, I would like to guide the House on the procedure which shall apply to the consideration of...

ADOPTION OF REPORT OF THE RULES AND BUSINESS COMMITTEE ON REVIEW OF STANDING ORDERS

December 5, 2013 SENATE DEBATES

present a report on its findings to the Rules and Business Committee. The following Senators were appointed to the Sub-Committee:-Sen. James Orengo – Co-Chair Sen. Kiraitu Murungi – Co-Chair Sen. (Dr.) Agnes Zani– Member Sen. Beatrice Elachi – Member Sen. Charles Keter – Member Sen. Janet Ongera – Member Mr....

Mr. Speaker, Sir, that was beyond the mandate of my Committee and, therefore, we did not make any literal recommendation on it. I would like to record my appreciation to my co-Chair, Sen. Orengo, the Members of the sub-committee, the Members of the House Rules Committee for their total commitment,...

functions of those functions in an acting capacity. I think those are common sense amendments. We are also proposing to amend similar provisions in Paragraph 5 of Standing Order No.19 by making similar provisions to provide for removal of a Majority Leader or a Whip of a party by the...

Order, Sen. Murungi. Because of the time allocation, you are almost exhausting your time. So, maybe you need to conclude.

Mr. Speaker, Sir, how much more time do I have?

On a point of order, Mr. Speaker, Sir. Since Sen. Murungi was a co- chair of the sub-committee with Sen. Orengo, I think it is only fair that you allow Sen. Murungi to exhaust everything then Sen. Orengo and some of us will just make brief comments. If there are...

Is that the mood of the House? But even then, we had allocated about 40 minutes and you have done almost 25 minutes.

Mr. Speaker, Sir, I could try to rush given another ten minutes or so. However, by the look of things, I am sure this debate is not being concluded today.

Try five minutes.

Thank you, Mr. Speaker, Sir. In view of the time constraints, I would urge the Senators to look at the Report which has been supplied and just highlight what I would consider the very key amendments. Standing Order No.34 which deals with quorum requires the Speaker to establish quorum at...

that the Speaker is aware. The Speaker may allow or refuse to allow the Statement to be made if it leads to a matter that cannot be properly discussed before the Senate.Standing Order No.74 relates to roll call voting. The roll call voting has been complex as provided for in...

that we are facing, I will urge Members to read the proposed amendments in details. Time has come for us to make the work of the Senate much more efficient than effective by refining these Standing Orders.The Committee recommends the proposed amendments to the Standing Orders to come into force...

On a point of order, Mr. Speaker, Sir. Going by your ruling, this Motion was to take 40 minutes, the Mover has already taken 35 minutes, we are remaining with only five minutes. I am not sure that we will rush into making decisions with regard to Standing Orders like...

On a point of order, Mr. Speaker, Sir. It is up to the House to agree with me. However, my general view is that we should stay the next business and conclude this business. That will help us in terms of moving forward instead of doing things halfway and postponing...

Mr. Speaker, Sir, a proposal like changing the sitting hours on Wednesday’s from 9.00 am to 10.00 a.m. is important. We have missed very many days of sitting because these sittings are poorly coordinated. There are many other Standing Orders, especially on the voting, that we need to change, including...

Mr. Speaker, Sir, on the first day, when we were sworn in as Senators, there was a problem of the Standing Orders which were made by the National December 5, 2013 SENATE DEBATES

Assembly. At that time, I said the Standing Orders that were guiding this House were not those of the Senate, because they were done outside the Senate, of course, following the due process of law.Mr. Speaker, Sir, we received notification of the amendments to the Standing Orders this morning. I...

Mr. Speaker, Sir, I was supposed to second the Motion. In fact, if Sen. Kiraitu Murungi would have been given time to go methodically through the amendments and give us the justification as to why we need these amendments, then I would have just stood up and said “I support.”...

Thank you, Mr. Speaker, Sir. I would like to support Sen. Orengo’s view. December 5, 2013 SENATE DEBATES

Mr. Speaker, Sir, I think that we should not rush through something that is very important, just because we want to go on recess. We could actually ventilate on it, digest it and think about it. After that each one of us can come and contribute to the debate. I...

Mr. Speaker, Sir, I agree with the sentiments of the Members, but some of us are ready to sit until late at night. Therefore, I rise under Standing Order No.33 to move that the House extends its Sitting today until the conclusion of the business appearing on the Order Paper....

No! No!

Order! Order! What is it, Sen. Kerrow!

On a point of order, Mr. Speaker, Sir. We are a House which governed by rules. I think that when a Member has moved under the relevant Standing Order, that the sitting of this House be extended until the conclusion of the business of the House, we should listen and...

On a point of order, Mr. Speaker, Sir. I think that I am a little bit lost and need to be informed. There seems to have been a general consensus, including when Sen. Orengo was speaking here, that we need to leave the issue of the Standing Orders as an...

December 5, 2013 SENATE DEBATES

very last one. So, we felt like maybe it could conclude this business during this last Sitting, so that when we resume, it will be a matter of implementation. But, of course, it is for the House to decide.Sen. Keter’s Motion to extend the Sitting of the House was to...

On a point of order, Mr. Speaker, Sir. I want to be very candid on this matter, and this explains how bad the situation is. I was rung by the Clerk Assistant, Mr. Amolo, at about 11.00 a.m. today, that Sen. Kiraitu was going to move this Motion and he...

“Truly, the issues that you raised have been addressed in this Report.” As it is, if I am not feeling very comfortable and I am a Member of that Committee, what about the other Members who received this Report yesterday and are not Members of this Committee. In fact, they...

Sen. Musila

Sen. Musila Thank you Mr. Deputy Speaker, Sir. I am delighted to join my colleagues this morning in adding my voice in support of this Motion. I am a Member of this Committee. I December 4, 2013 SENATE DEBATES Sen. MusilaA participated in formulating the recommendations that are set herein....

Sen. Musila Mr. Deputy Speaker, Sir, I stand to support this important Motion. I want to remind the House that the Mover of the Motion, Sen. G.G. Kariuki, was once in charge of internal security in this country and I was privileged, as a Provincial Commissioner, to serve under him....

Sen. Musila Mr. Deputy Speaker, Sir, I support the Motion by the honourable Senator for Marsabit. I want all of us to realize that when one portion of this country is hurting, the whole country is hurting. In the recent past, we have experienced lawlessness and killings across our counties....

Sen. Musila Mr. Speaker, Sir, if you listened very careful to my friend, the Chair of the Committee for Education, Information and Technology, Sen. Kagwe, there were a lot of contradictions. First and foremost, the Statement that he read to us is the same as the one that was read...

Mr. Musila Mr. Speaker, Sir, I want to thank you for your statement and I hope that this matter will be concluded. MEANING AND INTERPRETATION OF WHAT CONSTITUTES “A BILL CONCERNING COUNTIES”

Sen. Musila

Sen. Musila Thank you Mr. Deputy Speaker, Sir. I am delighted to join my colleagues this morning in adding my voice in support of this Motion. I am a Member of this Committee. I participated in formulating the recommendations that are set herein. I am in full support of the...

Sen. Musila Mr. Deputy Speaker, Sir, I stand to support this important Motion. I want to remind the House that the Mover of the Motion, Sen. G.G. Kariuki, was once in charge of internal security in this country and I was privileged, as a Provincial Commissioner, to serve under him....

Sen. Musila Mr. Deputy Speaker, Sir, I support the Motion by the honourable Senator for Marsabit. I want all of us to realize that when one portion of this country is hurting, the whole country is hurting. In the recent past, we have experienced lawlessness and killings across our counties....

Sen. Musila Mr. Speaker, Sir, if you listened very careful to my friend, the Chair of the Committee for Education, Information and Technology, Sen. Kagwe, there were a lot of contradictions. First and foremost, the Statement that he read to us is the same as the one that was read...

Sen. Musila Mr. Speaker, Sir, I want to thank you for your statement and I hope that this matter will be concluded. MEANING AND INTERPRETATION OF WHAT CONSTITUTES “A BILL CONCERNING COUNTIES”

Sen. Musila

Sen. Musila

Sen. Musila Mr. Speaker, Sir, I think this is appropriate, but I just wanted to raise a matter of a Statement that I sought on 1st August, 2013 in relation to withholding of Kenya Certificate of Secondary Education (KCSE) certificates. I sought that Statement from the Chair of the Committee...

Sen. Musila On a point of order, Mr. Speaker, Sir. The Member says that Thursday is too soon and I want to persuade the Chair to realise that this Statement was sought on 1st August, 2013. Is the Chairperson of the Committee going to allow this Statement to go to...

Sen. Musila

Sen. Musila

Sen. Musila Mr. Deputy Speaker, Sir, it is good that we are starting off with the Uwezo Fund, when we have had other funds that we can make reference to, and probably look at how they worked, where they worked and where they did not work. We should look what...

Mr. Deputy Speaker, Sir, it is good that we are starting off with the Uwezo Fund, when we have had other funds that we can make reference to, and probably look at how they worked, where they worked and where they did not work. We should look what went wrong...

sort of entrepreneurial exercise which is very innovative? This is because, again, what tends to happen is that everybody tends to copy each other. Therefore, you will find that very little is going on in terms of profits or interests that come in as a result of that.Mr. Deputy Speaker...

Sen. Musila Hon. Senators, we will have the last vote. Sen. Wako.

Sen. Musila Thank you, Mr. Speaker, Sir, for finally seeing me. I would like to support this Motion and also congratulate my good friend, Sen. Mositet, for bringing it to the Senate. Mr. Speaker, Sir, since this Senate was created, we have addressed issues of environment very now and then....