Stephen Kiptanui Sang

Hon. Kiptanui Thank you, Hon. Speaker. I take this opportunity, on behalf, of the Committee on Energy, Communication and Information to present a status report on the businesses pending before the Committee as at today, 10th August, 2016. On petitions, I am happy to inform the House that the Committee...

Hon. Kiptanui Hon. Speaker, the Committee considered the Senate amendments in its sitting held on Tuesday, 2nd August, 2016 to the Energy Bill, 2015. The Committee’s decision to accept and/or reject the amendments is based on the constitutional requirements and the provisions of the National Assembly Standing Orders. The Committee...

Hon. Kiptanui Hon. Temporary Deputy Chairman, we agree with the Senate amendment to Clause 2. The term “customer” has been deleted as there exists two other definitions that have the same meaning. Under (b) , the definition of “local community” has been substituted to mean people living in a sub-county...

Hon. Kiptanui Yes. This amendment by the Senate is on general penalty. As a Committee, we are in agreement with their proposal to Clause 249 of the Bill. The justification is that this amendment seeks to set the minimum instead of the maximum penalty for general penalties. We support. Hon....

Hon. Kiptanui Hon. Temporary Deputy Speaker, I beg to report that the Committee of the whole House has considered the Senate Amendments to the Energy Bill (National Assembly Bill No. 50 of 2015) and approved the same with amendments. The Temporary Deputy Speaker (Hon. Cheboi) : Very well. Let us...

Hon. Kiptanui I second. (Question proposed) The Temporary Deputy Speaker (Hon. Cheboi) : Okay. I could give a chance to two Members. Let us see Hon. Kang’ata or Hon. Shakeel Shabbir.

Sen. Sang Mr. Speaker, Sir, I rise to support this very important Motion. The role of the Senate as captured in the Constitution is to protect devolution and to serve the interests of counties. It is sad that today, whereas any other responsibility given to this House in terms of...

Sen. Sang Mr. Speaker, Sir, clearly everybody can now agree that surely the Ministry of Interior and National Coordination is not taking its job seriously. I share in the frustration of the Vice Chairperson. If one is a Chairperson or a Vice-Chairperson of a committee and has a Ministry that...

Sen. Sang Mr. Speaker, Sir, if somebody is working from the comfort of his office, from the comfort of three or four bodyguards and police officers, from the comfort of a siren and a fleet of vehicles around him, they may not seem to understand the challenges that certain families...

Sen. Sang On a point of order, Mr. Deputy Speaker, Sir. I want to take this opportunity to thank the Chairperson for that statement. However, I want to seek the following clarification; first, how much is paid for every delivery? Secondly; what is the Government doing to ensure that the...

Sen. Sang Mr. Deputy Speaker, Sir, I join the Chair to thank and welcome the pupils from Nandi Hills Primary School. This is a wonderful school with very young children who are focused. This school neighbours the school where the five children who have been the subject of debate in...

Sen. Sang Mr. Deputy Speaker, Sir, it would help this House if we got fairly straight answers. The question as you have rightly pointed out is; how far are the recommendations of the Select Committee on the Kenya Airways, as adopted by the Sen. Sangthe recommendations of this Senate have...

Sen. Sang Yes, Mr. Deputy Speaker Sir. I am riding on the same question so that whoever will be answering that question, will come with an elaborated response which will include my concern. He should tell us whether the farmers involved were made aware that the money was to be...

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Hon. Sang Thank you, Hon. Temporary Deputy Speaker for this opportunity. I want to thank Hon. Mwadime for this important Motion. I have known him for a long time and being my brother-in-law, he has thought well to bring this Motion so that we can ventilate on it and see...

Sen. Sang Mr. Speaker, Sir, I want to join you in welcoming this wonderful delegation. We, as a Committee on Legal Affairs and Human Rights hosted them. One of the interesting things to learn from this particular Committee is that this is a constitutional Committee. It is a Committee that...

Sen. Sang Mr. Speaker, Sir, kindly allow me to table some Papers on behalf of a number of Committees. Sen. SangReport on the Energy Bill (National Assembly Bill No. 50 of 2015) REPORT ON THE PETROLEUM BILL, 2015 REPORT ON THE PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURAL EXPRESSIONS BILL, 2015...

Sen. Sang On a point of order, Mr. Speaker, Sir. Did you notice that Sen. (Prof.) Lesan, the Chairman of Devolution crossed to the other side of the House and comfortably walked back smiling as if he was transacting business in Nyangores Ward? (Laughter)

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Sen. Sang(Laughter) Sen. Sang the women fund is factored into county government budgets to ensure that they synchronize in terms of the disbursements that they give to the women?

Mr. Speaker, Sir, I wonder whether from the source where the Women Fund was mooted, we can go back and moot one for men so that we can have a men fund as well. Very many men are languishing in poverty. (Laughter)

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Sen. Sang I just saw him from far, Mr. Speaker, Sir. Let me confirm to him that I spoke to the Cabinet Secretary and the Permanent Secretary this morning stressing the urgency of this matter but up to now I have not received the response. I am kindly requesting Sen....

Mr. Speaker, Sir, let me confirm to the House that, first, it is very wrong for Sen. Sang to say that I had a discussion with the Cabinet Secretary yesterday. I have not even met him but I just saw him at the airport. Having said that, I know this...

I just saw him from far, Mr. Speaker, Sir. Let me confirm to him that I spoke to the Cabinet Secretary and the Permanent Secretary this morning stressing the urgency of this matter but up to now I have not received the response. I am kindly requesting Sen. Sang to...

On a point of order, Mr. Speaker, Sir. I agree with your sanctioned ruling but some of us are Members of the Committee and we do not know on what basis you would sanction us on the issue. I think it has to be clear that it has to be...

Mr. Speaker, Sir, I agree with the Senator for Murang’a County. Personally, I have walked to these offices to try and get answers from relevant ministries but it is important for Members also to understand the efforts we are putting in as a Committee because we have made our efforts....

Mr. Speaker, Sir, I sort for this Statement from the Chairperson of the Committee on Health on 16th June, 2016. He had been compelled to issue the Statement today, but I neither see him nor the Vice Chairperson of the Committee. However, the Senate Majority Whip who had given the...

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Sen. Sang): Sen. Sang): - THAT, Clause 5 of the Bill be amended by inserting new subsections immediately after Subsection (2) - 3) The national and county governments shall ensure the provision of free and compulsory- a) Vaccination for children under five years of age; and b) Maternity care. 4)For...

Sen. Sang) : - THAT, Clause 7 of the Bill be amended by deleting sub-clause 3. This amendment seeks to put the burden of providing emergency treatment on the health facility and not on the health provider. (Question of the amendment proposed) Division will be at the end. Sen. (Dr.)...

Mr. Temporary Chairperson, Sir, the amendment is the same. We have agreed with my senior, Sen. (Dr.) Machage, that he will move the amendments on Clause 5 and any other that are similar to the ones that are proposed in the Order Paper. The Temporary Chairperson ( Sen. Sang) :...

- THAT, Clause 7 of the Bill be amended by deleting sub-clause 3. This amendment seeks to put the burden of providing emergency treatment on the health facility and not on the health provider. (Question of the amendment proposed) July 14, 2016 SENATE DEBATES

Sen. Sang) consulted with the Clerk-at-the-Table) The Temporary Chairperson (Sen. Sang) : Sen. Sang) consulted with the Clerk-at-the-Table) The Temporary Chairperson (Sen. Sang) :

Sen. Sang) : - THAT Clause 20 of the Bill be amended by- So, let us drop Sen. (Dr.) Sen. (Dr.) Machage’s amendment so that you move for both. (Sen. (Dr.) Machage’s amendment dropped)

July 14, 2016 SENATE DEBATES

Clause 17

Sen. Sang) : Sen. Sang) : - THAT, Clause 28 of the Bill be amended by deleting sub-clause (2) . The reason for the amendment is to correct the repetition of Clauses 28 (2) and 29 that deal with the same matter. Clause 29 (Question, that Clause 29 be part...

Sen. Sang): Sen. Sang):Clauses 50 - 61(Question, that Clauses 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60 and 61be part of the Bill, proposed) Clauses 62-67The Temporary Chairperson (Sen. Sang): Sen. Mutula Kilonzo Jnr., do you have an amendment?Mr. Temporary Chairman, Sir, if you look at Clauses...

Sen. Obure spoke off record) The Temporary Chairperson (Sen. Sang) : Sen. Obure spoke off record) The Temporary Chairperson (Sen. Sang) : We shall have Division at the end. Clause 89

Sen. Sang) : Temporary Chairman, Sir, I concur with Sen. Mutula Kilonzo Jnr. because it is such duplication that creates a lot of f war. Let us deal with them separately. Let us avoid duplication. Hon. Senators, both sides have made their arguments, but in terms of procedure, ordinarily, when...

Sen. Sang) : - THAT, the Bill be amended by deleting Clause 91. I gave justification that Clause 91 is tied to Clause 89. Mr. Temporary Chairman, Sir, I support the proposed amendment by Sen. Mutula Kilonzo Jnr. We shall have Division at the end. Clauses 92 - 112 (Question,...

- THAT, Clauses 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44 of the Bill be deleted. Mr. Temporary Chairman, Sir, the reason for the deletion of Clauses 30 to 44 is to delete the entire Part 4 of the Bill which deals...

- THAT, Clause 46 the Bill be amended by-

Sen. Sang): Sen. Sang): Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered The Health Bill (National Assembly Bill No.14 of 2015) and seeks leave to sit again tomorrow. Mr. Temporary Speaker, Sir, I beg to move that the House do agree with...

Sen. Sang) :[The Temporary Speaker (Sen. (Dr.) Machage) left the Chair] Sen. Mutula Kilonzo Jnr., your proposal is to delete Clauses 62, 63, 64, 65, 66 and 67? Yes, Mr. Temporary Chairman, Sir. The Clauses run from Clause 62 to Clause 67, then there is also Clauses 68, 73, 89...

- THAT, Clauses 62, 63, 64, 65, 66 and 67be deleted. (Question of the amendments proposed) The Temporary Chairperson ( Sen. Sang) : Sen. Sang) : Division will come at the end. Clauses 68 - 72 July 14, 2016 SENATE DEBATES

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Sen. Sang): Sen. Sang): THAT, Clause 43 be amended by inserting the following new sub-clause immediately after sub-clause (2) -

Sen. Sang) : Mr. Temporary Speaker, Sir, pursuant to Standing Order No.139, I beg to move that the Committee of the Whole report progress on its consideration of the Protection of Traditional Knowledge and Cultural Expressions Bill (National Assembly Bill No.48 of 2015) and seek leave to sit again today....

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Sen. Sang):provide powers to take such action as is necessary to ensure protection of the environment. The provision as set out in the Bill restricts the powers of the authority to the enforcement of action necessary for the protection of health and safety of workers and the public. The environment...

THAT, Clause 4 of the Bill be amended by- a) inserting the following new sub-clause immediately after paragraph (d) -

Sen. Sang): - THAT, Clause 53 of the Bill be amended – Division will be at the end. Hon. Senators, we are done. Let us now move on to report progress.

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Sen. Sang): Sen. Sang):local community as set out under Clause 2 of the Bill to confine the definition to persons found in the sub-county within which an energy resource is located and who are affected by the exploitation of the natural resource. This will also align it to the definition...

- THAT Clause 17 of the Bill be amended in sub-clause (1) by deleting paragraph (e) and substituting therefor the following new paragraphs – July 14, 2016 SENATE DEBATES

Sen. Sang): Sen. Sang): Mr. Temporary Chairman, Sir, I beg to move: - THAT, Clause 45 of the Bill be amended-

- THAT, Clause 58 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (2) – (2A) Parliament shall, in carrying out its obligation under sub-section (2) , undertake public participation. The Committee proposes to amend Clause 58 by introducing a new sub-clause

- THAT, Clause 60 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (2) – July 14, 2016 SENATE DEBATES

Yes, Chairperson. Clause 77

Sen. Sang) : Sen. Sang) : - THAT, Clause 49 (3) be amended in paragraph (b) by deleting the words “Director-General” and substituting therefor the words “Chief Conservator of Forests”. The amendment is for purposes of consistency. The Temporary Chairperson (Sen. Sang) : We shall have Division at the end.

- THAT, Clause 86 of the Bill be amended in sub-clause (2) by inserting the words “sea, forest, wildlife and marine” immediately after the words “salt water” appearing in paragraph (h) . We propose to amend Clause 86 of the Bill in order to expand the eco-system in Clause 86...

words “sea, forest, wildlife and marine” immediately after the words “lake, reservoir” appearing in paragraph (h). Clauses 87 - 88

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Sen. Sang) : Sen. Sang) : Mr. Temporary Speaker, Sir, before we report on the Committee of the Whole, I rise in accordance with Standing Order No. 30 to seek an extension of the July 14, 2016 SENATE DEBATES

Sen. Sang) : Sen. Sang) :[The Temporary Chairperson (Sen. Sang) took the Chair]

July 14, 2016 SENATE DEBATES

The Temporary Chairperson ( Sen. Sang): - THAT, Clause 4 of the Bill be amended by deleting sub clause (3) and substituting therefor the following new sub clause – We shall have Division at the end. Clause 46

Sen. Sang) : Sen. Sang) : - THAT, Clause 8 of the Bill be amended by deleting sub clause (2) and substituting therefor the following new sub clauses –

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Sen. Sang): Sen. Sang): - THAT, Clause 28 of the Bill be amended in sub clause (7) by deleting the words “under the Public Procurement and Disposal Act or any Act replacing that Act” appearing immediately after the words “with government” and substituting therefor the words “under the laws relating...

Sen. Sang) : Sen. Sang) :Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered The Access to Information Bill (National Assembly Bill No.36 of 2015) and seeks leave to sit again tomorrow.Mr. Temporary Speaker, Sir, I beg to move that the House do...

Sen. Sang):[The Temporary Speaker (Sen. (Dr.) Machage) in the Chair] We shall have Division at the end. Clause 72

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Sen. Sang On a point of order, Mr. Speaker, Sir. The issue of Sen. Mbuvi’s religion aside; Sen. (Dr.) Machage has addressed that concern. You are at liberty to be quarter one religion and quarter another one, et cetera. It is his right. However, the Committee took this House for...

Sen. Sang Mr. Speaker Sir, Sen. Mbuvi made a Statement that he called the Chairperson of the Committee and also the office of the Clerk to indicate that he was not going to be there. I know you do not communicate your absence to the office of the Clerk but...

Sen. Sang Order, Sen. Mbuvi. It is one thing to say things before and after you are challenged. When you have been challenged and your attention has been drawn to Standing Order No.20, it cannot be “in other words” but you need to go for those words. Proceed.

Hon. Kiptanui Thank you, Hon. Deputy Speaker. I rise to second this important Motion on the Second Supplementary Estimates by the Budget and Appropriations Committee. In reviewing the Second Supplementary Estimates for the Financial Year 2015/2016, the Committee held a number of sittings, one of which was with the Cabinet...

Sen. Sang On a point of order, Mr. Speaker, Sir. You directed that the Senator for Kakamega substantiates the specific assertion that ‘Issack Hassan is a thief’ and not that ‘he is not a man of integrity.’ The Senator for Kakamega has just tabled a document of the PAC of...

Sen. Sang On a point of order, Mr. Speaker, Sir. While I appreciate what Sen. (Dr.) Khalwale is taking the Senators through, we must be careful. This is because a lot has been said even about the Members in this House. If you lower the threshold by calling people thieves...

Sen. Sanggroup during the said peaceful demonstrations. At least I speak for myself. Sen. Sang group during the said peaceful demonstrations. At least I speak for myself.

Mr. Speaker, Sir, most of us were avid readers in our early days in high school. You will remember the series that we used to call James Hadley Chase. They used to tell us that the guilty are afraid whenever you mention them. Mr. Speaker, Sir, the IEBC Chairman Ahmed...

Order, Members. I hope you know Standing Order No.226 give this Order 30 minutes maximum time. This Order is a continuation of yesterday. You may have the luxury of quoting from the dictionary but this is one uncontestable fact. Time is time and the time for petitions has elapsed because...

On a point of order.

What is it, Sen. Wetangula? The Senate Minority Leader (

Sen. Sang On a point of order, Mr. Speaker, Sir. I would like to have your guidance on the issue of the Budget. Today, the Cabinet Secretary (CS) for the National Treasury is presenting the Budget Statement for financial year 2016/2017 to the National Assembly. The current Constitution and the...

First, I thank Sen. Khaniri for raising all the issues pertaining to Standing Order Nos. 220 and 216. I also thank the Senate Minority Leader, Sen. Wetangula, Sen. (Prof.) Anyang’-Nyong’o and Sen. Sang for the recommendations in terms of tidying up by the Office of the Clerk. I now know...