David Musila

Sen. Musila

Sen. Musila Thank you, Mr. Speaker, Sir, for giving me this opportunity. I want, from the outset, to thank the Committee Chaired by Sen. Haji for the good work it has done. I have heard comments from my colleagues with regard to the fact that this nominee is not qualified...

Sen. Musila Order, Senators! There is a lot of movement and very high consultations. (Loud Consultations)

Order, Senators! There is a lot of movement and very high consultations. Sen. Musila Mr. Deputy Speaker, Sir, I was saying that I have a lot of respect for my brother, Sen. Muthama. However, this habit of the House that whenever we want to ventilate on issues, particularly important issues...

Mr. Deputy Speaker, Sir, much as we appreciate that every Member is here to debate, one of the fundamental responsibilities in this House is to vote on a Motion. This is where you express the desire, feelings and position of our counties. If we say that all the 67 of...

Sen. Ndiema, can you complete your contribution.

Mr. Deputy Speaker, Sir, I was saying that I cannot justify, perhaps, why one county should get three times more than any other county. Even if we are talking about equalization and addressing poverty issues, I cannot understand why Trans Nzoia, for instance, can get half of what another county...

Hon. Senators, I have taken cognizance of Standing Order No.98. I know that there has been a request that the Mover be asked to reply, but it is important that we listen to a few more Senators, as Sen. Musila has said, and then we can make that decision depending...

February 26, 2015 SENATE DEBATES

CRA to go back and come up with another formula. They could even just look at the formula by the CDF, which resulted in the development of many constituencies that had been left behind. One county should not receive three or more times than another county. Why would Isiolo and...

Thank you, Mr. Deputy Speaker, Sir. I want to thank the Members who have challenged this formula because we all mean well for our counties. Today I want to plead and persuade the Members that we dispense off this matter immediately because counties are waiting for us to make a...

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

Thank you, Mr. Deputy Speaker, Sir. From the outset, I stand to oppose this Motion and the timelines set. The CRA from day one, in conjunction with the Committee on Finance, Commerce and Budget, should have taken us for a retreat to educate and enlighten us so that we can...

Now the Mover may reply, since there is nobody else seeking the Floor.

On a point of order, Mr. Deputy Speaker, Sir. Is it in order for the Chairman to try and scare Members by insinuating that a delay in the passing or the failure to pass this formula would mean that Members will have to stay with the other formula for three...

Mr. Deputy Speaker, Sir, I read the Section very clearly. However, the Members have an opportunity any time in the next three years to move an amendment to the existing formula. The point remains that if this particular resolution is not passed, February 26, 2015 SENATE DEBATES

by both Houses as required, because after we approve or reject, it goes to the National Assembly. They will have 60 days and remember that they can decide to sit on it for the next two months and the thing will lapse. We need to appreciate that Article 217 is...

On a point of order, Mr. Deputy Speaker, Sir. I do not want to interrupt the Chairman, but this is a very weighty issue and our constituents are waiting. He jumped to Article 217 (7) , but it has not even been reached, because we are now at Article 217...

Order, Senators! Order! All of you are going to have your say on your point of order. I would rather we do not go into legal interpretations of the Constitution at this point in time because you had time to canvass on this when debate was going on. I would...

Mr. Deputy Speaker, Sir, with all due respect to the Senate Minority Leader, what he has said is a complete lie and he is totally misleading---

Order, Sen. Murkomen! Could you start by withdrawing and apologizing?

Mr. Deputy Speaker, Sir, I withdraw and apologize on the use of the word “lies,” but let me repeat myself. With all due respect to the Senate Minority Leader and the Senator for Bungoma, what he said was totally misleading. It is not true. We went to Naivasha, not to...

Mr. Deputy Speaker, Sir, I was in Naivasha and I recall that the reason for that meeting was not to finally agree on a formula, but to consult on that formula. We were promised that the CRA will subject that formula to further processes, like public hearings, then get feedback...

Order, Sen. Hassan! What is your point of order?

Mr. Deputy Speaker, Sir, my point of order is that---

I am not going to allow people to debate using the backdoor. You either have a point of order or not. February 26, 2015 SENATE DEBATES

Proceed, Sen. Mutula Kilonzo Jnr.

Mr. Deputy Speaker, Sir, we call ourselves hon. Senators and we must act as such. The information that my good friend, Sen. Hassan, is giving to this House is incorrect and misleading. My point of order is that he is misleading us.

Order, Sen. Mutula Kilonzo Jnr.! If that is your point of order, then you have made it, because I did not allow him to continue with that point of order.

Thank you, Mr. Deputy Speaker, Sir.

Sen. Billow, can you, please, proceed and hopefully finish giving your reply?

Mr. Deputy Speaker, Sir, with all due respect, it is very clear that there is a record. This is a House of records. Our Clerks were in that meeting and they recorded minutes of those meetings. We have them.

Yes!

What the CRA said is that, “this is our formula.” We told them “fine, after we have looked at it, forward it now to the House.” The matter was forwarded to the House, it was referred to the Committee and the Committee has now brought its report.

Sen. Billow, there is a point of order by Sen. (Dr.) Kuti.

On a point of order, Mr. Deputy Speaker, Sir. Sen. Murkomen is just an individual who participated in that meeting. The Motion has been discussed by the House; there are those who support it and there are those who are against it. Why do we not just move to the...

Mr. Deputy Speaker, Sir, is it in order for Senators to say that Senators sat in Naivasha and approved the formula while the fact is that the CRA was just there to collect views? Some of our views, especially those that I gave were not considered.

Order! Order! The reason I say this is not the time to interpret or go through all those things you are talking about now is because you have the strongest tool, and that is the vote. So, if you can allow the Chairman, Sen. Billow, to wind up on his...

Thank you, Mr. Deputy Speaker, Sir. Please, allow me to finish then you can vote. It is important for Members to appreciate what the Deputy Speaker has said, because the right we have in this House is to make a decision through voting. So, let us not make a big...

Sen. Musila

Sen. Musila

Sen. Musila

Sen. Musila

Sen. Musila On a point of order, Mr. Speaker, Sir. I am responding to the Senate Majority Leader’s notice of Motion. It is customary that documents are laid in advance so that we see them here. He says that he is giving notice of a Motion on issues we are...

Sen. Musila Proceed, Sen. (Dr.) Khalwale.

Sen. Musila

Sen. Musila Mr. Speaker, Sir, I appreciate that and I am willing to wait until then. But with your indulgence, I want to emphasize the importance of this Statement, not only to the County of Kitui, but to the Republic. Today, I have heard of demonstrations in Kericho on the...

Sen. Musila Thank you, Mr. Speaker, Sir. I rise to seek a Statement from the Chairperson of the Committee on Agriculture, Livestock and Fisheries regarding supply of Di-ammonium Phosphate (DAP) fertilizer by the Government. The Statement should:-

Sen. Musila

Sen. Musila

Sen. Musila She is in order because in making reference to “our Government” that is not an exclusion. It might refer to all of us.

Sen. Musila Mr. Speaker, Sir, I rise on a matter that has been going on for a long time. This is in relation to the proposed allocation of land at Kanyonyoni in Kitui County to the National Intelligence Service (NIS) . February 17, 2015 SENATE DEBATES Sen. MusilaMr. Speaker, Sir,...

Sen. Musila Mr. Speaker, Sir, I am surprised that the distinguished Senator can raise such an issue when he knows that schools’ and churches’ land has been grabbed. It is even more serious because those pieces of land are being grabbed by private developers. Our land is being grabbed by...

Sen. Musila Mr. Speaker, Sir, I am seeking your indulgence in ensuring that this matter is dealt with quickly and that the directions that you gave are adhered to. With that, this House can now go back and resolve accordingly that the land be reverted to the people of Kitui...

Sen. Musila On a point of order, Mr. Speaker, Sir. I just want to draw the attention of the House to the fact that the Motion was not debated and passed so that it can go to the Committee on Implementation. You will recall that that was the time we...

Sen. Musila Mr. Speaker, Sir, I was raising an issue on point of order like Sen. (Dr.) Khalwale because you had also allowed me two issues and I raised only one. As I stood to raise the second one, you went to another matter. Will I be in order to...

Sen. Musila Very well! I order that we move to Order No. 8. An. Hon. Senator: On a point of order, Mr. Temporary Speaker, Sir.

Sen. Musila

Sen. Musila

Sen. Musila

Sen. Musila Thank you, Mr. Speaker, Sir. First and foremost, allow me to thank the Standing Committee on Land and Natural Resources for carrying out an investigation as requested. Through this House, I received the report by the Committee and I want to seek a few clarifications. First, the Committee...

Sen. Musila

Sen. MusilaNtutu yesterday spoke to several of us. He was visibly agitated and rightly so. We are a very small House, we are like a family. Even where I do not agree with any of my colleagues, I cannot imagine a situation where I can go to Nyeri without informing...

Sen. Musila

Sen. Musila Madam Temporary Chairperson, I have logged in because I like the proposed amendment. You are aware of the notorious behaviour of civic leaders, particularly when they are fighting or threatening. Therefore, I want to urge my colleagues to support this amendment, so that even a threat will constitute...

Sen. Musila Thank you, Madam Temporary Chairperson. In order to enforce the amendment to Clause 26, it was felt that it was important to ensure that there is a mechanism for reporting abuse or any threat against a member of staff in the county assemblies, through their clerk, to the...

Madam Temporary Chairperson, I support the amendment. This amendment was actually proposed by a Committee of Clerks all over the country, to the extent that the work of members of staff of the county assemblies has been threatened by persons holding the positions of Members of County Assemblies and other...

In order to synchronize other clauses that affect Members of the County Assemblies, it was felt by the Committee on Legal Affairs and Human Rights that the members of staff working in the county assembly should enjoy the same privilege and protection that is given to the Members of the...

Order, Senator! You cannot start deliberating on Clause 34 before it is moved.

Sen. Musila

Sen. Musila Madam Temporary Chairperson, I have logged in because I like the proposed amendment. You are aware of the notorious behaviour of civic leaders, particularly when they are fighting or threatening. Therefore, I want to urge my colleagues to support this amendment, so that even a threat will constitute...

Sen. Musila

Sen. Musila Mr. Speaker, Sir, I stand on a point of order. On 24th July, 2014, I requested for a Statement in connection with land in Kitui. This is 400 acres which was grabbed by the National Security Intelligence (NSI) , a Government agency. You ordered the Committee on Lands...

Sen. Musila Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to make my contribution to this Bill, which I support subject to the views which I will express here. Mr. Temporary Speaker, Sir, I agree with those who raised earlier objections to the continuation of this debate...

Sen. Musila

Sen. Musila