Moses Masika Wetangula

Sen. Wetangula) : Sen. Wetangula) :

Sen. Wetangula): Mr. Speaker, Sir, I rise to support Sen. Wetangula’s assertions. We cannot work in an ad hoc manner because this is a House of rules. We cannot have a situation where one Speaker wakes up one morning and decides that he made a mistake and, therefore, he needs...

Sen. Wetangula) : Sen. Wetangula) :

Sen. Wetangula): Mr. Speaker, Sir, I rise to support Sen. Wetangula’s assertions. We cannot work in an ad hoc manner because this is a House of rules. We cannot have a situation where one Speaker wakes up one morning and decides that he made a mistake and, therefore, he needs...

Sen. Wetangula) : They are definitely not legitimate because if we go that way, Senate Minority Leader, I do not think we will be helping anybody. Let me just say that your concerns have been noted and they will be taken into consideration.

Sen. Wetangula) : Mr. Speaker, Sir, I thank Sen. Khaniri for this very important request. It is important that the whole country knows especially the Senate which are these two hospitals in each county--- Mr. Speaker, Sir, I believe the Senate Majority Leader is taking note of that. In addition...

What is it, Sen. (Dr.) Khalwale?

Mr. Speaker, Sir, I thank Sen. Khaniri for this very important request. It is important that the whole country knows especially the Senate which are these two hospitals in each county---

Order, Senator! February 10, 2016 SENATE DEBATES

Mr. Speaker, Sir, in an earlier statement to this House, the Cabinet Secretary for Health had indicated that only part of the contracts that are supposed to constitute what would be the required minimum equipment to run this service. Could they confirm that the other contracts have also been signed?It...

Order, Senator!

Mr. Speaker, Sir, on behalf of the chairperson and the vice chairperson, who are not in the House, I communicate that the committee will deliver the answer in four week’s time.

Sen. Khaniri!

Sen. Wetangula) :(Laughter) Mr. Speaker, Sir, I rise to request for Statement; one to the Committee for Finance, Commerce and Budget, and another will be to the Leader of the Majority. February 10, 2016 SENATE DEBATES CBK GOVERNOR ON CURRENCY PORTRAITS

What is it, Sen. (Dr.) Khalwale? On a point of order, Mr. Speaker, Sir. On this very important Statement, allow me to request further that the chairperson also tells the country, in this printing of the currency, what type of contract is being used? This is because the last Parliament...

Mr. Speaker, Sir, allow me to ride on that very important request for a statement. Now that for the last five years we have been using currencies with people’s portraits, which is illegal, what action is being taken particularly on financial transactions which are being carried out and currency has...

Sen. Wetangula) : Order, Senators! (Sen. Wetangula stood up in his place) Order, Senate Minority Leader. There cannot be any dispute. This matter has been determined previously. The way you should address a Senator has been spelt out in our Standing Orders. After you do it as it is expressed,...

What is it, Sen. Wangari? Which Standing Order were you referring to?

Order! Proceed with your point of order.

Sen. Wetangula) : Mr. Speaker, Sir, give me half-a-minute. Please, inform me.

Mr. Speaker, Sir. May I inform the Senate Minority Leader that the Senate Majority Leader is actually correct. The idea of being enthusiastic in the Jubilee Government is a very strange characteristic. (Laughter)

Mr. Speaker, Sir, allow me to ride on that request of the Senate Minority Leader to the extent of including Nyandarua County. After the 2007/2008 Post-Election Violence (PEV) , I think Nyandarua County had the largest number of IDPs and majority of them were living in people’s home. So, they...

Sen. Wetangula): Sen. Wetangula):

Sen. Wetangula) : Sen. Wetangula) : Thank you, Mr. Speaker, Sir. Thank you Leader of Minority. At least that has vindicated the RBC. Another role of this Committee is to monitor and oversee the implementation of Senate business and programmes. In my one year in this Senate, I still feel...

Mr. Speaker, Sir, I will accept a point of information. The Senate Leader of Minority ( Sen. Wetangula) :Bills that have originated from this Senate. I could have missed it but I did not hear the number of Bills that have been assented to by the President. There is still...

Thank you, Senate Minority Leader.

Thank you, Mr. Speaker, Sir. Thank you Leader of Minority. At least that has vindicated the RBC. Another role of this Committee is to monitor and oversee the implementation of Senate business and programmes. In my one year in this Senate, I still feel that there is a lot that...

Bills that have originated from this Senate. I could have missed it but I did not hear the number of Bills that have been assented to by the President. There is still that feeling that we could be churning out Bills, but when they go to the house on the...

Thank you, Mr. Speaker, Sir. I also support this Motion. At the start of this Session, I agree with it for the simple reason that a number of these Members, if not all, have had expertise over time. I have looked at the performance and I wonder why I should...

Sen. Wetangula) :December 16, 2015 SENATEDEBATES Mr. Speaker, Sir, I will conclude. But I want to tell this House that we have only one Speaker. Even the de facto Majority Leader has no right to direct the Chair on what to do. I was addressing the Chair and my brother...

Sen. Wetangula) : Thank you, Mr. Speaker, Sir. I beg to report progress that the Committee of the Whole has considered the Presidential Memorandum on the Public Procurement and Asset Disposal Bill (National Assembly Bill No. 40 of 2014) and seeks leave to sit again. Thank you. Yes, Mr. Speaker,...

Order, Senator! That is a bit too harsh on me, Sen. Wetangula. I do not know what other fairness you need from me. I gave you five contributions and I gave that side you considered three interventions. I have allowed you to come back repeatedly after I made my communication....

Hon. Members, before we proceed on this matter, let me clarify a few issues related to it. As you are aware, on 23rd June, 2015, I read a Message from the National Assembly forwarding the Presidential Memorandum on the Public Audit Bill, 2014 and the Public Procurement and Asset Disposal...

Thank you, Mr. Speaker, Sir. I beg to report progress that the Committee of the Whole has considered the Presidential Memorandum on the Public Procurement and Asset Disposal Bill (National Assembly Bill No. 40 of 2014) and seeks leave to sit again. Thank you.

Sen. Wetangula) : I second. (Question proposed) (Remarks attributed to Sen. (Dr.) Khalwale ordered expunged by the Deputy Speaker) Mr. Temporary Chairman, Sir, a Motion was moved to recommit these clauses. They have appeared here as if they have never been debated before. We have a duty to point that...

Hon. Senators, let us continue with business. We have to finish the business. REPORT THE PUBLIC PROCUREMENT AND ASSET DISPOSAL BILL (NATIONAL ASSEMBLY BILL NO. 40 OF 2014)

Sen. Wetangula) : Order Senators. Let us have some order and deal with this business in an orderly fashion. Mr. Deputy Speaker, Sir, you gave me two minutes and I have spent one.

Order! The problem I have with these interventions, right from the one made by Sen. (Dr.) Machage, is that I do not understand what is going on. The Senate Minority Leader ( Sen. Wetangula) : Sen. Wetangula) : Order Senators. Sen. Wamatangi, I have heard you and I will not...

Sen. Wetangula) : The simple point is noted with all the nobility that it carries. I, therefore, put the Question. (Question put and agreed to) We will now continue with the Motion on the Kenya Airways. Sen. Wako. (Resumption of debate on Motion) Mr. Temporary Speaker, Sir, nobody is questioning...

The simple point is noted with all the nobility that it carries. I, therefore, put the Question. (Question put and agreed to) We will now continue with the Motion on the Kenya Airways. Sen. Wako. (Resumption of debate on Motion)

Sen. Wetangula) : You have made your point. (Laughter) Mr. Temporary Speaker, Sir, I share the sentiments of Sen. Hassan. This matter is so important that I would expect that, even without any Senator requesting for a Statement, the Majority Leader on behalf of Government to rise and make a...

You have made your point. (Laughter)

Mr. Temporary Speaker, Sir, would I be in order to request the Chair, and this is one of the incidences where Standing Order No.1 can be applicable, I know the Chair can seize the opportunity to apply Standing Order No.1 where the circumstance dictates that there is no other way...

Sen. Wetangula) : Sen. Wetangula) : Mr. Temporary Speaker, Sir, I agree with the Senator for Bungoma County. The Central Bank has lately been issuing this kind of orders. Recently, they attempted to increase their minimum share capital to Kshs5 billion and now they are issuing another order to suspend...

Sen. Wetangula) : Mr. Temporary Speaker, Sir, I have made it clear that as the Chair of the Committee on Finance, Commerce and Budget, we are directing the Central Bank of Kenya as Senate to stay their order to suspend licensing of new commercial banks until we meet and discuss...

Mr. Temporary Speaker, Sir, I heard the Chairman say that some of these orders are in contravention of some of the constitutional principles. Whatever averments we make in this Senate, these orders are in force. Rather than wait for the Statement, the Committee on Finance, Commerce and Budget has the...

The Chair is advised. Do you wish to comment on the advice?

Hon. Wetangula Thank you, Hon. Temporary Deputy Speaker. I also wish to support this Sessional Paper. There is problem in this country because we pass and adopt beautiful policies and legislations, but we fail to implement them. Not long ago, I had brought up a question to the CS for...

Sen. Wetangula) :December 2, 2015 SENATEDEBATES Sen. (Dr.) Khalwale said it was not done. If it was done, then the distinguished Senator, they did not bring out that point very strongly because that is where the cracks lies. We have recommendations of a criminal inquiry, we would been happy to...

Sen. Wetangula) : Sen. Wetangula) : We need to close that issue. Sen. (Prof.) Lesan!

Sen. Wetangula) : Mr. Temporary Speaker, Sir, first, I thank Sen. Mugo and the Committee. I pray to God that Ms Jacinta Wanjiku will move on from this tragedy. This is not the first time we are losing children. We need to pray to God that after serving Kenyans for...

Sen. Muthama, the ruling of the Chair on this is that if you have said that the reports attributed to this and that, I think to that extent, it is alleged by those people that there is that university that does that. That is acceptable to that extent.

Mr. Temporary Speaker, Sir, let me use the words “it was alleged.” However, corruption in this country is coming to this level. The President has confessed that corruption in this country is beyond repair and he needs Kenyans to assist him. We should not just criticize the action of stealing...

You have one minute to conclude.

Mr. Temporary Speaker, Sir, as I said from the beginning, I do not know whether I will support, reject or abstain from voting on this Report. I hope that those who will be given this Report to implement will give us a true report at the end of the day....

Mr. Temporary Speaker, Sir, first, I thank Sen. Mugo and the Committee. I pray to God that Ms Jacinta Wanjiku will move on from this tragedy. This is not the first time we are losing children. We need to pray to God that after serving Kenyans for many years, we...

Mr. Temporary Speaker, Sir, thank you for this opportunity. I also take this early opportunity to thank Sen. Mugo for having brought this matter to the Senate. I also appreciate the extensive work that has been done by the Committee. I join those who spoke before me to say that...

What is it, Sen. Mugo?

On a point of order, Mr. Temporary Speaker, Sir. Is the Senator in order to keep on saying that this Report only states, “investigate” while the reason for this Report is so that we can also enrich it because there is still room for amendment to propose what would make...

Mr. Temporary Speaker, Sir, on that account, I stand guided. However, I believe that we have gotten to the limits of our capacity. This Senate is incapable of a criminal investigation. Therefore, that recommendation is reasonable to that extent but my concern is; how swiftly we will act on it?...

I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I take this opportunity to thank all the Senators for their contributions. I read the mood of the House that this is, indeed, a touchy issue and needs our contribution. There is no other place to put things right other than this Senate. This Report has...

Order, Sen. Kittony! It is now time for interruption of our business, but if you assure the Chair that you would conclude in five minutes we will give you the five minutes. If not, we can postpone until tomorrow.

I will, Mr. Temporary Speaker, Sir. As I was saying, the work of the Committee was traumatizing and chilling and we even went to the mortuary and saw dead bodies. That was not our work, but we had to. We have strongly recommended that the Criminal Investigation Department (CID) do...

(Question put and agreed to)First, before I put the Question, this is not a matter concerning counties, therefore, we will vote in the usual manner. ADJOURNMENT

Sen. Wetangula) : On a point of order, Mr. Temporary Speaker, Sir. If this was a baraza, I would go by what Sen. Mutahi Kagwe has said. This is the Senate and there are legal processes that we are required to undergo, in which case, we should not assume that...

Mr. Temporary Speaker, Sir, whereas I appreciate that Sen. Keter is not yet a Cabinet Secretary, the day he will become a Cabinet Secretary, he will not step into this House. What other opportunity would we have, at least, to congratulate the nominee, if not the Cabinet Secretary, for being...

Order, Sen. Kagwe! You have started before I give you the permission. I will allocate ten minutes only, but we need to finish with Statements first.

On a point of order, Mr. Temporary Speaker, Sir. If this was a baraza, I would go by what Sen. Mutahi Kagwe has said. This is the Senate and there are legal processes that we are required to undergo, in which case, we should not assume that the National Assembly...

Mr. Temporary Speaker, Sir, I would like to request the House to restrain itself. This is because at this particular juncture, the Senate is not officially aware that Sen. Keter has been appointed. I believe that there is no official communication from the Executive, informing the Senate that a Member...

Mr. Temporary Speaker, Sir, I want to second the proposal by the Senate Minority Leader and Sen. Kagwe. We can say so many good things about Sen. Keter in the ten minutes that can actually help the “Lower” House in terms of the process of vetting. December 1, 2015 SENATEDEBATES

Sen. Wetangula) : On a point of order, Mr. Speaker, Sir. That is a great statement coming from the Senate Majority Leader. I respect the statement that he interrogates Government and, therefore, cannot issue a statement on its behalf. However, lately, we have had lots of statements from the Vice...

On a point of order, Mr. Speaker, Sir. That is a great statement coming from the Senate Majority Leader. I respect the statement that he interrogates Government and, therefore, cannot issue a statement on its behalf. However, lately, we have had lots of statements from the Vice Chairpersons from the...

Order, Sen. Kembi-Gitura! What is out of order in making a great statement?

Mr. Speaker, Sir, it is a great statement because there has been an issue in this House on whether or not a statement from the Government can be issued from the Minority side. We have received statements as late as yesterday from the leadership of the Minority in this House....

On a point of order, Mr. Speaker, Sir! I do not agree with the Deputy Speaker. Perhaps, we need to define the Government. We should look at what the Constitution constitutes.

Mr. Speaker, Sir, I do not agree with the Deputy Speaker. When we have the opposition side issuing statements, it is normally done by the Vice Chairpersons of Committees who do it in the absence of the Chairpersons. However, in this case, Sen. Wetangula is the Senate Leader of Minority,...

Mr. Speaker, Sir, the Senate Minority Leader is a Member of a Committee and operates as a Member of the Committee at that level. The question was directed to the Committee. Is he now foregoing the responsibility of a membership of that Committee?

Mr. Speaker, Sir, we need to think more deeply about the issue raised by Sen. Kembi-Gitura. Should you find that the Senate Minority Leader cannot issue a statement on behalf of the Government, then it means we should also November 25, 2015 SENATEDEBATES

Mr. Speaker, Sir, the statement has just been handed over. Maybe you can dispose of the points of order first then deal with it later. The Senate Minority Leader ( Sen. Wetangula) : Sen. Wetangula) : Mr. Speaker, Sir, thank you very much for agreeing with me.

Sen. Wetangula) : Sen. Wetangula) : Is the Chairperson, Committee on Education not here? What about the Vice Chairperson, Sen. Mohamud?

Sen. Wetangula) : Sen. Wetangula) :

Sen. Wetangula) : Sen. Wetangula) : On a point of order Mr. Temporary Speaker, Sir. When we were adjourning to go and welcome our visitor, Pope, I thought we were going to confine our debate to the visit. I am so surprised when you hear the opposition side complaining. I...

Thank you Mr. Temporary Speaker, Sir. I would like to thank the Deputy Speaker for moving this House to adjourn. I rise to strongly support his Motion. Allow me to welcome the Pope to the great Republic of Kenya. How I wish that the Pope had enough time not just...

Order Senator. I want us to confine ourselves to the Motion. Confine yourself to Standing Order No. 31 (3) .

Thank you Mr. Temporary Speaker, Sir. I was just saying that the Pope should remember to pray for the economic terrorists. We love peace and people cannot be expected to be peaceful when they are hungry and live in abject poverty. We want to appeal to the President - I...

On a point of order Mr. Temporary Speaker, Sir. When we were adjourning to go and welcome our visitor, Pope, I thought we were going to confine our debate to the visit. I am so surprised when you hear the opposition side complaining. I think it is wise for them...

Order, Senator! Please, confine yourself to the Motion before the House.

Mr. Temporary Speaker, Sir, I was actually concluding on the important issue of protocol at Kasarani Stadium. If we are going to State House to be humiliated, then we better not go. Since the Government is in the habit of humiliating leaders, as evidenced by the incident where I was...

Mr. Temporary Speaker, Sir, thank you for allowing me to commend the Mover of the Motion and join my colleagues in welcoming the man of God. Kenya has been honoured and privileged to welcome a number of dignitaries this November 25, 2015 SENATEDEBATES

Hon. Senators, since there are quite a number of you who want to contribute, please, try to limit your contributions, so that you can have ample time to drive to State House. Sen. (Prof.) Lesan!

Mr. Temporary Speaker, Sir, I wish to also join my colleagues in congratulating Sen. Kembi-Gitura for moving this Motion of Adjournment. This country is privileged to have been visited by dignitaries, one of whom is Pope Francis. Such dignitaries carry a message. I am sure that the Pope will deliver...

Mr. Temporary Speaker, Sir, I want to speak as a Muslim. In fact, I can say for a fact that Pope Francis has transcended what I can call “religious fault lines” November 25, 2015 SENATEDEBATES

Thank you, Mr. Temporary Speaker, Sir, for giving me a chance to also support this Motion of Adjournment. As a Christian who was born Catholic and now Pentecostal, I think this is a very good opportunity for us to receive the Pope. It is a message from God that Kenya...

Sen. Wetangula) : We do not know. Sen. (Dr.) Khalwale, is your speaker working?

Sen. Wetangula) : Thank you, Mr. Deputy Speaker, Sir. It is unfortunate that Sen. (Prof.) Anyang’-Nyong’o walked out when I just wanted to say something which I wanted him to hear. As a former Minister in charge of the health sector, he gave us a few statistics or indications of...

It seems like your time is over, Senator. The Senate Minority Leader ( Sen. Wetangula) : Sen. Wetangula) :November 19, 2015 SENATEDEBATES

Sen. Wetangula) : I did not know what you were going to go to. However, now that I know, all I can say is that what you have said should be taken into account when the Speaker gives a considered ruling on the issues that arose on Tuesday. However, you...

Sen. Wetangula, what are you asking me to do in your point of order? The Senate Minority Leader ( Sen. Wetangula) : Sen. Wetangula) : On a point of order, Mr. Deputy Speaker, Sir. I rise under Standing Order No.39 (2) and 20. I request the Chair that having convincingly...

I watched it, Sen. Wetangula. The Speaker ruled that there was going to be a ruling on the several issues that consumed the whole afternoon of Tuesday. The ruling has not been made. All you have done is to further strengthen your case so that when the Speaker makes that...

Sen. Wetangula) : Sen. Wetangula) :

Sen. Wetangula) :November 19, 2015 SENATEDEBATES Mr. Deputy Speaker, Sir, as I sit, do you hear that nuisance? That undermines the efficacy of this House. The custodian of order is the Speaker.

Order, Members! Sen. Wetangula, I am used to finishing one issue and dealing with another. I was trying to deal with the issue that you raised which I have done. Now you want to bring up the issue of music, you can do that. In the meantime, could the orderlies...

Sen. Wetangula) : Mr. Temporary Speaker, Sir, I wish to inform my colleague, the Senator for Nyeri, that Article 204 of the Constitution does precisely say so. It calls for the Equalisation Fund to cover needy areas in the counties. The focus is actually not the county per se, but...

On a point of order, Madam Temporary Speaker. Is the distinguished Senator really in order to say that we should make changes of leadership on this side of the House? We have total and complete confidence in the Senator from Tharaka-Nithi as the Senate Majority Leader. November 19, 2015 SENATEDEBATES

Sen. Kagwe, I did not hear the Senate Minority Leader state that he wishes a change. He is speaking his mind. He has simply said he wishes and we cannot inhibit him from wishing or stating what is in his mind. The Senate Minority Leader ( Sen. Wetangula) : Sen....

Sen. Wetangula) : If that is what she did, she is obviously out of order. Sen. Wangari, you know what needs to be done. (Sen. Wangari began walking back from where she sat) Order, Sen. Wangari! Are you demonstrating what you did? (Laughter)

Sen. Wetangula) : Sen. Wetangula) : Order, Members! We must also appreciate when the Vice Chairperson handles supplementary questions in the most satisfactory manner. Statement “c” by Sen. Mutula Kilonzo Jnr.

Order, Members! I followed the contribution and want to make it very clear. I may not know whom Sen. (Dr.) Khalwale was addressing when he uttered the words “bure kabisa”, but whoever he was addressing would feel offended. Whether it was Sen. Sijeny or people outside this House, it is...

(Loud consultations)

Sen. Wetangula) : Sen. Wetangula) :November 18, 2015 SENATEDEBATES

On a point of order, Mr. Speaker, Sir. It is almost a tradition we have created in this Senate that whenever we have not dispensed of any Order the previous day, we literally pull them almost similarly, because if we are trying to put off this Order, particularly on the...

On a point of order, Mr. Speaker, Sir. I thought we were ready yesterday to complete the Presidential Memorandum. However, arising from the issues whereby it needed guidance and directions from the Chair, that is why they are not on the Order Paper because we are waiting for the ruling...

Sen. Wetangula) : Sen. Wetangula) :On a point of order, Mr. Deputy Speaker, Sir.

Sen. Wetangula) :November 18, 2015 SENATEDEBATES

Sen. Wetangula) : Sen. Wetangula) :

Sen. Wetangula) : Sen. Wetangula) :