Hassan Omar

Sen. Hassan On a point of order Mr. Speaker, Sir, I stood not to talk about the procedures, but we heard the Senate Majority Leader say that we could pass this Bill anticipating certain amendments through probably dialogue between the leadership of the entire House. This House is known to...

Sen. Hassan On a point of order, Madam Temporary Speaker. For the purposes of the HANSARD, he has said that Sen. Wetangula harassed him. He needs to withdraw that.

Sen. Hassan On a point of order, Madam Temporary Speaker. Is Sen. Wamatangi in order to bring innuendos and proposals that led to excessive action by the police, by making allegations that there was somebody trying to break doors and gates or throw stones? If he cannot substantiate those claims...

Sen. Hassan

Sen. Hassan Madam Temporary Speaker, I must make it clear to my brother and distinguished Senator for Kiambu that he misread me. I never said members of a certain community but sections of Kenyans from certain corners are said to have been collaborators. I know the history of Dedan Kimathi...

Sen. Hassan

Sen. Hassan On a point of order, Mr. Speaker, Sir. The clarifications that I sought are so concise that if he searched on Google or obtained from the Cabinet Secretary, Tuesday, should be good enough for him to respond to these queries. I think the period of time he is...

Sen. HassanAIt is important as we move forward, that some of these clarities are sought as per your order in your previous points, that the Committee is told to extract the HANSARD and go back to verify some of these areas. Sen. Hassan(Loud Consultations)

Sen. Hassan

Sen. Hassan

Sen. Hassan

Sen. Hassan

Sen. Hassan

Sen. Hassan

Sen. Hassan

Sen. Hassan

Sen. Hassan

Sen. Hassan

Sen. Hassan Mr. Deputy Speaker, Sir, the issues of concern that I had were dispensed by you through Sen. (Dr.) Khalwale’s intervention. There was no clarity as to whether there could be amendments to the Bill or not because Sen. Orengo on that particular day said that we could amend...

Sen. Hassan Mr. Deputy Speaker, Sir, first and foremost, I would like to tell them that we have an extraordinary Senator the Murang’a people have brought to this House. So, take that information back home. Tell them that we have a very good Senator; firm but very reasonable when called...

Sen. Hassan Mr. Deputy Speaker, Sir, I second. (Question proposed) Hon. Senators, since there is nobody interested in debate, I will now put the question. (Question put and agreed to) Next Order! COMMITTEE OF THE WHOLE [The Deputy Speaker (Sen. Kembi-Gitura) left the Chair] IN THE COMMITTEE [The Temporary Chairperson...

Sen. Hassan

Sen. Hassan Mr. Speaker, Sir, thank you for giving me this opportunity. From the outset, I want to give an example of what Sen. (Prof.) Anyang'-Nyong'o said. The Senator for Kisumu said that he is able to watch Manchester United play Liverpool while at his home in Kisumu and that...

Sen. Hassan Is she in order to mislead the House by saying that Sen. Onchwangi is a voter of Nairobi County?

Mr. Hassanand we must have good faith.I think Sen. Wetangula owes this House an apology because Sen. Onchwangi is a Member of this House and an improper motive has been imputed upon him.

Sen. Hassan

Sen. Hassan

Sen. Hassan(Question of the amendment proposed) The Chairperson (Sen. Kembi-Gitura): Sen. Kanainza, you have two minutes.

Sen. Hassan

Sen. Hassan

Sen. Hassan Order, Senate Minority Leader! Senator, a point of order is a point of order. To debate on it will be out of time, out turn. It will not help you, especially on a matter that I had already indicated to you that I have sufficient information. I have...

Thank you, Mr. Chairman, Sir. I support and I want to contribute in relation to the proposed new Clause 26A (c) . One of the weaknesses of the amendments that we have been making this afternoon was leaving it open without saying who makes the regulations. The proposal by the...

Thank you, Mr. Chairman, Sir. I also support the amendment that allows prisoners to be given their constitutional right to make a decision by voting. With those few remarks, I support the amendments.

Thank you, Mr. Chairman, Sir. This is an eye opener to Kenyans that it might be mandatory for every Kenyan above 18 years to participate in the voting exercise. Looking at 26A and B when we talk about the House of Parliament even outside there people know that you are...

Sen. Madzayo.

Bwana Mwenyekiti, naunga mkono sharia hii kwa sababu aliye gerezani ama aliyefungwa kwa makosa mengine nasiyo makosa ya kwamba hawezi January 5, 2017 SENATE DEBATES

ndani ya korokoro.Sheria hii kwangu mimi naiona inafaa kabisa na ni jambo hususan sana ya kwamba waruhusiwe waweze kujiandikisha ili waweze kupiga kura kwa hakizao kama binadamu wengine. [The Chairperson (Sen. Kembi-Gitura) left the Chair] [The Temporary Chairperson (Sen. Sang) took the Chair]

Mr. Temporary Chairperson, Sir, I did not move B, C and D of 26. It was not called. Why do you not call it first? The Temporary Chairperson (

so 26 is the one you moved as a Clause?

No, I asked them and they said it must be mentioned. Therefore, it should have read B, C and D but I will take a minute. The Temporary Chairperson (

No, we are done with that so that was part of--- You moved it as a clause.

My contribution is very important. The Temporary Chairperson (Sen .Sang) : We are done with that. So new Clause 28. Proceed to move.

Mr. Temporary Chairperson, Sir, if you allow me a minute, this is a very important Clause on 26. The Temporary Chairperson (

Sen. Mutula Kilonzo Jnr, we are already past that stage.

No, Mr. Temporary Chairperson, Sir, it is a very important section. There are segments to that Section and I requested to confirm with the former Chair. It is something that must get at even if--- The Temporary Chairperson (

He read 26A. It is new Clause 26 A and in that it is an entire New Clause.

No, Mr. Temporary Chairperson, Sir. When I requested the secretariat----, in fact what happened is that New Clause 26A had sections January 5, 2017 SENATE DEBATES

ask things for the sake of it and I only have two minutes.The Temporary Chairperson(

Sen. Mutula Kilonzo Jnr, you have a few other amendments where you are moving an entire new clause and new clause means you move the entire Clause 1,2 and 3 as it were. That is what you should have done. You have one minute to conclude. New Clause 26A (b)...

Mr. Temporary Chairperson, Senators, I want to draw your attention to the new clause B, C and D of 26. I heard most of you say that we will pass regulations on the new 44A and any other regulations. The Elections Act as drafted, these regulations will not come to...

Sen. Wetangula. Mr. Temporary Chairperson,

Mr. Temporary Chairperson, Sir, looking at the time, I am kindly requesting if you can allow contribution to take one minute so that we can be able to deal with the remaining clauses. The Temporary Chairperson (

looking at the time Hon. Senators, we must be able to make progress and therefore moving forward, every Senator has one minute. On a point of order, Mr. Temporary Chairperson. The Temporary Chairperson (

Sen. M. Kajwang.

Mr. Temporary Chairperson, you need to protect me by granting him a point of order because I cannot--- January 5, 2017 SENATE DEBATES

Mr. Temporary Chairperson, I beg that you cool him down so that I am able to contribute. The Temporary Chairperson (

It is so directed. Proceed.

Mr. Temporary Chairperson, the Elections Act 44 (6) which was the gist of my earlier argument that we do not need 44A because already the Act gives Parliament in totality a role in the regulations required to be made under subsection

Very well. Let us hear Sen. Kanainza.

Mr. Chairman, Sir, it is a very sad night that we are sitting here and other people are blindly supporting a legislation that will kill the Senate. How do we allow the National Assembly to provoke us to this level? This is not the first time that the National Assembly...

Yes, Sen. Madzayo.

Thank you, Mr. Temporary Chairperson, Sir, I do not think I have anything to contribute on the Bill.

Mr. Temporary Chairperson, Sir. I also support these amendments because it is like the Senate is signing its own death warrant. I cannot trust the National Assembly, particularly when they short-changed us in the oversight money after we had agreed that they were would support the legislation. We have also...

for protection. Our role is to protect counties. I support the amendment.The Temporary Chairperson (

Very well. I now wish to put the question which is that the New Clause 26A be read a second. Division on this will come at the end.

On a point of order, Mr. Temporary Chairperson, Sir. Look at you, you better listen to me. You all the time open your mouth when somebody is speaking. You better learn some manners. You are not the only Member in this House when somebody speaks you are on a point...

Sen. Orengo, the microphone is only switched off--- But the Clerks here---- (Sen. Orengo spoke off record) The Temporary Chairperson January 5, 2017 SENATE DEBATES

January 5, 2017 SENATE DEBATES

Senate can be involved in matters elections under the IEBC Act. This is a straight forward amendment.

Mr. Temporary Chairman, Sir, first, I want to protest this issue of one minute. There is no legislator brought here, elected by his people, to be given a minute in a House. I support this amendment. I am angry because you are reducing time. The former Chair was given that...

Very well. Proceed, Sen. Wetangula. Some of the Senators think this is a laughing matter. I want to tell you that it is not. Mr. Temporary Chairperson, Sir, I support the amendment and I want us to be serious with what we are doing because when we start laughing on...

Give Sen. M. Kajwang the microphone.

Mr. Temporary Chairman, Sir, the people of Homa Bay elected me to come to this House and debate and talk. Talk and debate I shall, whether you give me a minute or half a minute. Mr. Temporary Chairman, Sir, I support this amendment. The good thing is that God has...

you sat on that Chair and made the decisions that you made. I pray that these decisions will not cause turmoil in this country.Mr. Temporary Chairman, Sir, I will obey you as my Vice Chair. The Temporary Chairperson (

As the Chair.

My Vice Chair. The Temporary Chairperson (

Proceed. I support the amendment and the reasons have already been advanced. When we were talking about the role of the Senate on issues relating to elections, the only worry for me in the amendment is the word “or”. It means that relevant committee in the National Assembly or the...

Mr. Temporary Chairman, Sir, I also stand to protest about the issue of one minute. When you look at Article 117 of the Constitution, it gives privileges and immunities of Parliament to the majority leader and the leader of the minority party. Therefore, I find it a bit of an...

Mr. Temporary Chairman, Sir, I support the amendment. Before I sit down, I would like to protest. We have people here laughing anyhow yet they are not contributing to the fundamental things that we are discussing here but they are just waiting to vote. Sen. Wetangula is our Senate Minority...

Very well. I will not put the question. (Question, that New Clause 28A be read a Second Time, put) Division will be at the end. Next. New Clause 36 Mr. Temporary Chairman, Sir, although you have moved, in your discussion under Standing Order No.36, the word “and” in the parliamentary...

Very well. Sen. Wako, you just mentioned that you are proposing an amendment but you did not move an amendment. You are the Chairman of the Committee on Legal Affairs and Human Rights and you January 5, 2017 SENATE DEBATES

procedure. That is specifically provided for by the law.

- THAT the Bill be amended by inserting the following new clause immediately after Clause 35- Amendment of 36. Section 29 of the Election Campaign Financing Act is amended in section 29 of No. subsection (1) by inserting the words “and the Senate” immediately 42 of 2013after the words “National...

Very well. Sen. (Prof.) Anyang'- Nyong'o, you have one minute. Mr. Temporary Chairman, Sir, first, I want to commend Sen. Mutula Kilonzo Jnr. for all these amendments that he has moved because he was very careful and meticulous to ensure that the law is properly written. I also commend him...

people because he is always interfering.The Temporary Chairperson (

Sen. (Prof.) Anyang'-Nyong'o, I will allow you 10 seconds more to conclude.Sen. Murkomen, you are completely out of order. Mr. Temporary Chairman, Sir, I was drawing your attention to Standing Order No.1 which gives you discretion as the Chairman to revisit amendment to Clause 28(a) so that we can propose...

You cannot proceed because we are speaking to New Clause 36.

Then after I finish with New Clause 36, I will appeal to you to use your powers under Standing Order No.1 to revisit it. The Temporary Chairperson (

We are past there. That is the same request that was made by Sen. Wako and it has been rejected. You are not listening to my request. My proposal is, notwithstanding what Sen. Wako did, after we are done with New Clause 36, could you use Standing Order No.1--- The...

I am not sure you want to use the word “notwithstanding” that has been contentious in this House but request is rejected. We are beyond that. We do not have any other request for the Floor. I will now propose the question. (Question that New Clause 36 be read a...

Division will be at the end. Clause 2

- THAT the Bill be amended by deleting clause 2 and substituting therefor the following clause- 2. Section 2 of the Elections Act is amended by – January 5, 2017 SENATE DEBATES

I continue saluting the industry of the Senator for Makueni. I support this amendment and call upon the House to realise and appreciate that the biometrics that we talk about include thumb prints, the iris, voice, facial and any other feature that can be described. This afternoon we were arguing,...

Mr. Temporary Chairperson, I support this amendment. It is extremely important. As we discuss the definition of biometric, there has been this perception that biometric only means fingers to that extent that our brothers from quarrying, fishing and tea picking areas believe that because fingers are deformed, then they will...

Very well. I will now put the question. (Question of the amendment put) Division will be at the end. Next Clause. The Title and Clause 1 (Question, that the Title and Clause 1 be part of the Bill, proposed) The Temporary Chairperson (

Division will be at the end. Hon. Senators, we now proceed to the Division. Moving forward, we will have four Divisions. The first Division will be with regard to Clauses for deletion; Clauses 16, 18, 19, 23, 28 and 32. The second Division will be new clauses for Second Reading;...

in one way and on another in another way; for example, the distinguished Senator for Garissa who singled out one on boundaries and said he saw the point and he would vote differently.So, when you band it with every other clause, then you are making it difficult for Members to...

On a point of order, Mr. Temporary Chairperson, Sir. It is wrong to change the rules midway. We have practiced traditions. This is not the first Division we are having. We have had Divisions for the last four years. That is the tradition we have been applying. I have sat...

On a point of order, Mr. Temporary Chairperson, Sir. I appreciate the importance of tradition and customs, even though some of them might not be right. We know communities in this country that have got customs that advocate for genital mutilations of females. So, we cannot take everything as it...

Mr. Temporary Chairperson, Sir, I would like to assist you. It would be absolutely wrong for you to band all the amendments together. As it has been said, I may have a favourable opinion on one and an unfavourable opinion on another. Therefore, we have to vote on every amendment;...

Mr. Temporary Chairperson, Sir, I think we have heard enough. It is time for you to make a decision and then we move on.

Mr. Temporary Chairperson, Sir, under what point of order or constitutional provision is somebody proposing in this House that we vote for these things as an omnibus, yet when the amendments were being read, you said that we shall vote subsequently on each amendment. I would want to know under...

is not the first Bill that we are passing in this House and neither is it my first day to sit on the Chair. We have transacted businesses and more contentious Bills in this House and this is the tradition we have set for ourselves. As I give this communication,...

On a point of order, Mr. Temporary Chairperson, Sir. I kindly request that the bell be rung for another one minute. I know that some of my colleagues are coming; we need one minute to allow them to come. Mr. Temporary Chairperson, January 5, 2017 SENATE DEBATES

28A and 36 be now read a second time.Proceed to vote. Assisted voters, proceed to vote manually. Please note we are pressed with time. DIVISION ELECTRONIC VOTING AYES: 26 NOES: 10 ABSENTIONS: NIL January 5, 2017 SENATE DEBATES

Hon. Senators, this means the proposed deletions are defeated. DIVISION ELECTRONIC VOTING AYES: 10 NOES: 25 ABSTENTIONS: 1 DIVISION ELECTRONIC VOTING January 5, 2017 SENATE DEBATES

County; Sen. M. Kajwang, Homa Bay County; Sen. Madzayo, Kilifi County; Sen. Musila, Kitui County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Omondi, Kakamega County; Sen. Wako, Busia County; Sen. Wetangula, Bungoma County;NOES: Sen. Adan, Isiolo County; Sen. Billow, Mandera County; Sen. Cheruiyot, Kericho County; Sen. Chiaba, Lamu County; Sen.(Dr.)...

AYES: 9 NOES: 25 ABSTENTIONS: 0 DIVISION ELECTRONIC VOTING January 5, 2017 SENATE DEBATES

Kiambu County.NOES: Sen. (Prof.) Anyang’-Nyong’o, Kisumu County; Sen. Hassan, Mombasa County; Sen. M. Kajwang, Homa Bay County; Sen. (Dr.) Machage, Migori County; Sen. Madzayo, Kilifi County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Ndiema, Trans Nzoia County; Sen. Orengo, Siaya County; Sen. Wako, Busia County and Sen. Wetangula, Bungoma County.The...

AYES: 26 NOES: 10 ABSTENTIONS: NIL Mr. Temporary Chairman, [The Speaker (Hon. Ethuro) in the Chair] REPORT AND THIRD READING THE ELECTION LAWS (AMENDMENT) (NO.3) BILL (NATIONAL ASSEMBLY BILL NO.63 OF 2015) January 5, 2017 SENATE DEBATES

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered The Election Laws (Amendment) (No.3) Bill (National Assembly Bill No.63 of 2015) and its approval thereof without amendments.Mr. Speaker, Sir, I beg to move that the House do agree with the Committee on the said...

Let the Division Bell be rung for one minute (The Division Bell was rung) I order the Door to be closed and the Bars drawn (The Door was closed and the Bars drawn) Let the voting commence. (Voting in progress) Those who wish to be assisted to vote may approach...

Kericho County; Sen. Chiaba, Lamu County; Sen. (Dr.) G.G. Kariuki, Laikipia County; Sen. Haji, Garissa County; Sen. Kagwe, Nyeri County; Sen. Karaba, Kirinyaga County; Sen. Kembi-Gitura, Murang’a County; Sen. (Prof.) Kindiki, Tharaka-Nithi; Sen. Kivuti, Embu County; Sen. (Prof.) Lesan, Bomet County; Sen. Lesuuda, Samburu County; Sen. (Prof.) Lonyangapuo, West Pokot...

AYES: 26 NOES: 10 ABSTENTIONS: 0

Order, Members! You may now open the Door and draw the Bar. (The Doors were opened and the Bars drawn) What is it, Sen. Wetangula? Bear in mind that we have no business. On a point of order, Mr. Speaker, Sir. We have business. I rise pursuant to Standing Order...

Conclude, Senator. Mr. Speaker, Sir, this matter is not simple. It is serious. In the case of Raila Odinga versus Francis Ole Kaparo and two others, the vote in the National Assembly was successfully challenged because unauthorized persons were allowed to vote. This matter falls within that context. I want...

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

What is it, Sen. Murkomen?

Thank you, Mr. Speaker, Sir. When a Member stands on a point of order, it must be because something is out of order. What the Senate Minority Leader is raising on a point of order is something that we canvassed and finished long January 5, 2017 SENATE DEBATES

raising a point of order on a business in the Order Paper that was dispensed with a long time ago?Mr. Speaker, Sir, earlier on in the proceedings, you cautioned the distinguished Senator for Elgeyo-Marakwet from behaving as if he owns this House. You were so right. I am not asking...

Order, Senator! Conclude.

Order, Senate Minority Leader! Senator, a point of order is a point of order. To debate on it will be out of time, out turn. It will not help you, especially on a matter that I had already indicated to you that I have sufficient information. I have correspondence on...

Hon. Senators, there being no other business, the Senate stands adjourned until Tuesday, 14th February, 2017, at 2.30 p.m. The House rose at 11.55 p.m.

Sen. Hassan On a point of order, Mr. Speaker, Sir.

Sen. Hassan Mr. Speaker, Sir, did you notice that when Sen. Murungi was speaking, Sen. Kivuti walked in and, for all practical purposes, what he was dressed in from the waist down is what, in the definition of young people, is known as a jeans. The fabric of the jacket...

Sen. Hassan On a point of order, Mr. Speaker, Sir.

Sen. Hassan Mr. Speaker, Sir, I want to talk to the same issue and add my voice in this regard.

Sen. Hassan

Sen. Hassan Mr. Speaker, Sir, I will not go into the direction of uttering a lot of toxic and corrosive statements. I know that is a preserve of a particular Senator in this House. I want to congratulate the House today. Whereas the general feeling in the political arena in...

Sen. Hassan Sen. Ongoro! Mr. Speaker Sir, I thank the Senators for the manner in which they have handled the matter at hand today; the maturity, the sobriety and the decorum with which they have handled themselves and the matter at hand. I want to add my voice to the...

On a point of order, Mr. Speaker, Sir. You have already made a direction on the way this Bill will progress. Is it in order then for the Minority Leader to preempt debate on the issues pertaining to it? Mr. Speaker, Sir, if the enthusiastic Senator listened to me; I...

On a point of order Mr. Speaker Sir. I must confess that I do not know where this debate is leading to. (Sen. Wetangula spoke off record) I am actually listening very keenly. This matter has been referred to a Committee in which I am a Member. We ought to...

Sen. Hassan Mr. Speaker, Sir, that is noted. I withdraw. The message is this; let us have new commissioners for the IEBC so that it can become a new year gift to Kenyans. We are many months beyond the timelines that we have put in place. Let us have a...

Sen. Hassan On a point of order, Mr. Speaker, Sir. We have watched the proceedings in the National Assembly and some of the Members vehemently supported. Members like Hon. Wandayi and Hon. Midiwo who are members of CORD. The responsibility in the National Assembly is that they are people who...

Sen. Hassan Mr. Speaker, Sir, thank you for this opportunity. I want to add my voice to this very important debate. When all these issues started, we were told time and again that this is sibling rivalry. We accepted it at the very beginning that it was sibling rivalry because...

Sen. Hassan Mr. Speaker, Sir, thank you for that clarity. Some of us have tracked some of these issues and some of them have come to reality. Today, just to inform Sen. Wetangula, there has been a Committee on County Public Accounts and Investments reports for 2014/2015. The same queries...

Sen. Hassan Okay, inform me. (Laughter)

Sen. Hassan Mr. Speaker, Sir, I can say with sadness that that is not the position of the Wiper Democratic Movement (WDM) which is guided by the audit of the Auditor- General. That is why we want Gov. Mutua to pay for his crimes. We also want any other governor...

Sen. Hassan Mr. Speaker, Sir, let me conclude with what I said in our retreat although some of you were not there. Just because the National Assembly has allegedly nullified these regulations, that is not the end of it. Even if we do not enjoy this Fund, we must do...

Sen. Hassan(Laughter)

On a point of order, Mr. Speaker, Sir. Are both Senators in order; Sen. Hassan and Sen. (Dr.) Machage, to assume your age? First, that you are an adult, and secondly, that you are youth, when it is not on record anywhere in this Senate that you have stated your...

Mr. Speaker, Sir, I have a request for statement. Proceed, with your request. THE PROMULGATION OF THE CONSTITUTION

Mr. Speaker, Sir, the information is straightforward. Most of it is in the custody of the Committee. We will take seven days. We request to issue it next Thursday. Next Thursday is tomorrow.

Mr. Speaker, Sir, it is Thursday the following week. It will be issued on Thursday next week. Order, hon. Senators. That brings us to the end of statement hour. I will have to rearrange the next Orders so that we deal with Order No.17 THE COUNTY STATISTICS BILL (SENATE BILL...

Next Order! COMMITTEE OF THE WHOLE THE PRESERVATION OF HUMAN DIGNITY AND ENFORCEMENT OF ECONOMIC AND SOCIAL RIGHTS BILL (SENATE BILL NO.8 OF 2015) THE PERSONS WITH DISABILITIES (AMENDMENT) BILL (SENATE BILL NO.13 OF 2015) THE BASIC EDUCATION (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO.35 OF 2014) THE PHYSICAL PLANNING BILL...

(Question, that Clause 16-24, The Schedule, Clause 2, The Title and Clause 1 be part of Bill, proposed) The Chairperson (

Sen. Hassan Mr. Temporary Chairman, I have sought leave from the Speaker. Sen. Sang will do it on my behalf because I have to attend to the County Public Accounts and Investments Committee (CPAIC) report writing session. The Temporary Chairperson (Sen. Mositet) : Could we hear from the Chairperson of...

Sen. Hassan - THAT, Clause 2 of the Bill be amended –

Sen. HassanNovember, 15 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said Report. November, 15 2016 SENATE DEBATES