Moses Masika Wetangula

Hon. Wetang’ula Thank you, Hon. Temporary Deputy Speaker. I would like to support this Bill. Ranking of schools brings out the spirit of competition, which is healthy. While we encourage ranking of schools, it should not be done in a haphazard manner. We have seen some private schools not being...

Hon. Wetangula Thank you, Hon. Deputy Speaker. I want to support this Motion. I think the Mediation Committee has ironed out some of the issues that had been raised by this House and the Senate. Record keeping is one of the problems in land management. The records Hon. Wetangulain the...

Hon. Wetangula I support because as the Chair says, it is gender sensitive and brings in something that is in tandem with the Constitution. The Temporary Deputy Chairman (Hon. Cheboi) : Hon. Lotiolo Ruto.

Sen. Wetangula) : Sen. Wetangula) : Order, Senate Minority Leader! You look very exhausted. So, just assume your seat. Hon, Senators, when the House adjourns, we do not put the question.

Could you assume your official position?

Sen. Wetangula): Sen. Wetangula): It was moved and seconded.

Order, Senate Minority Leader! You look very exhausted. So, just assume your seat. Hon, Senators, when the House adjourns, we do not put the question. ADJOURNMENT

There being no other business, the Senate stands adjourned until Tuesday 13th September, 2016 at 2.30 p.m. The Senate rose at 5.10 p.m.

Sen. Wetangula) : Sen. Wangari. Sorry my screen is malfunctioning. Thank you, Mr. Speaker Sir, for the opportunity to join you in not only acknowledging, but also welcoming the presence of Marell Academy, a school from Bungoma County. This is one of the top 10 schools in Kenya in the...

Sen. Wangari. Sorry my screen is malfunctioning.

Asante, Bw. Spika. Nilikuwa ninashangaa kwa nini haunipi nafasi lakini nimeona ni kwa sababu ya hitilafu za mtambo wetu. Ningependa kukushukuru July 27, 2016 SENATE DEBATES

A pamoja na ofisi yako kwa kuwawezesha wanafunzi wengi kutoka sehemu mbalimbali za nchi yetu kufika hapa na kujifunza jinsi tunavyofanya kazi katika Bunge letu. Ukitaka kujua ya kwamba shule hii ni hadhi ya juu, wao hawana walimu bali wana wahadhiri.Yangu ni kuwakaribisha katika Bunge hili na kuwatia shime kuwa...

Order, Sen. Wangari! I am sure many of your colleagues, including the Speaker are lost. Wahadhiri ni akina nani?

Sen. Wetangula) : Sen. Wetangula) : Order. We are on this Statement. First is Sen. Wetangula.

Sen. Wangari.

Sen. Wetangula): On a point of order, Mr. Speaker, Sir. Yesterday, I heard you clearly giving a directive that this Statement should be given priority and should be responded to today at exactly 2.30 p.m. and the secretariat put it there. Yesterday, the Senate Majority Leader himself undertook, on behalf...

Mr. Speaker, Sir, I had earlier sought a Statement from the Committee on Agriculture, Land and Natural Resources about maize storage by the National Cereals and Produce Board (NCPB) ---

Sen. Wetangula): Sen. Wetangula): Mr. Speaker, Sir, I have been very desperate trying to get some information about where the response is. Incidentally, the Ministry has not responded to us yet. Therefore, I would ask for more time.

Sen. Wetangula): Under your Standing Orders, Senator, there is a section of irrelevance. Tread carefully. I might invoke it.

Sen. Wetangula) : Hold on. I will guide you on that. I want it to be understood that we have no second and third stages on this report. This is not the normal Bill that you are used to. We are just discussing a report given to us by the...

Order! The Senate Leader of Minority ( Sen. Wetangula) : Sen. Wetangula) : Mr. Temporary Speaker, Sir, I wanted to further that point. Land is a very important issue which has to be scrutinized thoroughly. It is an ambush to give a report without giving us time to read and...

Sen. Wetangula):A has been seen by the House. I understand that and since the ball is already rolling, I am waiting for a Member to come up with a Motion requesting that the discussion of the same is deferred until you look at the report. I have cautioned you so...

Order, Sen. Wetangula. Whereas

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

What is it Sen. M. Kajwang?

Mr. Temporary Speaker, Sir, I was seeking your guidance even as I was making my contribution to the Motion, because this is a Motion with regard to the mediation effort. My assumption is that the Bill that we need to consider will be July 27, 2016 SENATE DEBATES

A introduced to this House either at the Second Reading or Third Reading. You could guide us because it is coming---

Hold on. I will guide you on that. I want it to be understood that we have no second and third stages on this report. This is not the normal Bill that you are used to. We are just discussing a report given to us by the mediation committee. Listen...

Mr. Temporary Speaker, Sir, I am trying to ride on the same point of order that has been raised by the Senate Minority Leader---

Order. I refer you to Standing Order No. 109. Please have a seat. You now need to know the procedure of the House. Open the Standing Order which says:- “The Speaker or the Chairperson of Committees, after having called attention to the conduct of a Senator who persists in irrelevance...

Mr. Temporary Speaker, Sir, I wanted to further that point. Land is a very important issue which has to be scrutinized thoroughly. It is an ambush to give a report without giving us time to read and understand what he is telling us. We need to understand that this House...

Order! I have ruled on that. I have also ruled on your earlier thought and instructed Sen. Wetangula that if he so wishes, the Standing Orders of this House give you and Sen. Wetangula and others who may be of the same opinion, authority to stand on a Motion seeking...

Mr. Temporary Speaker, Sir, I seek your indulgence on whether the Senator is in order to confuse the process of mediation? This is because mediation only comes after the Bill has gone through all the processes; First Reading, Second Reading, Committee Stage and then it is thrown out at whatever...

They are quite in order because you may not have read their thought. In my own reading, the thought in Sen. Wetangula and Sen. Bule is that, it is unfair for this House to discuss the report of mediation before it July 27, 2016 SENATE DEBATES

A has been seen by the House. I understand that and since the ball is already rolling, I am waiting for a Member to come up with a Motion requesting that the discussion of the same is deferred until you look at the report. I have cautioned you so that...

Sen. Wetangula) : Sen. Wetangula) : Correct. When Notice of Motion is given, it is assumed that every Member is able to pick the document. It is your duty to have picked the document immediately after the Notice of Motion was given. I think you have a lot of relevance...

Order, Sen. Wetangula.

Sen. WetangulaAWe are aware of the very serious issue that we had last year and in the years past where the quality of our certificates have been seriously undermined by the leakage of examination. I am glad and I encourage the CS for Education to ensure that he stems the...

Sen. Wetangula) : Hon. Senators, this is a Motion for Adjournment. Our Standing Order No.33 (4) states that:- “No Senator speaking on a matter under this Standing Order shall speak for more than five minutes without the leave of the Senate, except that the Mover may speak for ten minutes.”...

A to lack of proper planning and execution of planned and structured development. Sometimes I cry in my county. There is a big town called Chwele. The Government has seen it grow into one of the biggest commodity exchange markets in this region only competing with Karatina and, probably, places...

Sen. Wetangula) : I hope my time will not be consumed by the point of order. Mr. Temporary Speaker, Sir, we want to see every planning as Clause 13 provides. There must be proper formulation of county policy on physical planning. There is a lot of money going into the...

The Senate Minority Leader, this is just to alert you that at 5.30p.m. we will proceed to the adjournment Motion by Sen. (Prof.) Lesan. You will have used your 30 minutes by that time so you have the liberty to use your 30 minutes the next time this Bill appears...

Sen. Wetangula) : Sen. Wetangula) :

Sen. Wetangula) : Sen. Wetangula) :

Sen. Wetangula) : Sen. Wetangula) :

Hon. Wetangula Thank you, Hon. Temporary Deputy Speaker.

Hon. Wetangula Thank you, Hon. Temporary Deputy Speaker. I wish to support this Motion. The village elders are the first level of leaders that we have at the lowest level of our society. Those are the people who manage even the expectations that people have at that level in the...

Sen. Wetangula) : Sen. Wetangula) :because Mr. Riek Machar was not just a leader of the faction but a leader of a heavily armed section of the population of South Sudan. What are we doing? Peace in South Sudan is peace in Kenya and vice versa.

because Mr. Riek Machar was not just a leader of the faction but a leader of a heavily armed section of the population of South Sudan. What are we doing? Peace in South Sudan is peace in Kenya and vice versa.

Mr. Speaker, Sir, the latest announcements by the Government on the policy on refugees is that Kenya intends to close refugee camps. We now have a crisis in South Sudan. Have you revised that policy? If so, how many refugees do you intend to allow into Kenya? Secondly, you have...

Sen. (Dr.) Machage, are you referring to refugees or Kenyans in South Sudan?

Mr. Speaker, Sir, sorry. I am referring to Kenyans.

Mr. Speaker, Sir, we just heard from the Statement that for Kenyans in South Sudan who do not have travel documents, the Government has put in place an arrangement to issue travel certificates. This programme was going on until yesterday, Monday, 25th July, 2016. Could consideration be given to continue...

Mr. Speaker, Sir, could the Chairperson tell us what arrangements have been made in Turkana County to secure Kenyans? Given the fact that the last time there was an influx from Sudan - you know very well about the situation in Lokichoggio and other places - what are we doing...

Order, Sen. Kagwe. How can you be protected from your invitation? Sen. Billow is your guest. You invited him.

Sen. Wetangula

Sen. Wetangula): Thank you Mr. Speaker, Sir. I also wish to welcome them as you have done. I am delighted because I can see that all of them are ladies except one. I know those are very serious people and they are the future Prime Ministers and Presidents of that...

Thank you Mr. Speaker, Sir. I also wish to welcome them as you have done. I am delighted because I can see that all of them are ladies except one. I know those are very serious people and they are the future Prime Ministers and Presidents of that Republic. I...

Thank you, Mr. Speaker, Sir. May I also join you in congratulating the delegation from Spain. I notice that these are young people who have come to our country to study our political democracy. I want to assure you that the democracy in Kenya is extremely vibrant. We have two...

Sen. Wetangula) : Sen. Wetangula) : Mr. Speaker, Sir, I stand corrected. I am sorry I did not hear that it was per county. If that is the case then that is in order.

Sen. Wetangula

Sen. Wetangula) : Sen. Wetangula) : Order, Vice Chair, neither can you confirm there is a complaints office because Sen. M. Kajwang’s clarification was actually on an ombudsman which is very necessary for the police, just like the Judiciary has one.

to the extent that it looks like an issue which, this House needs to deal with, as the protector and defender of counties, their governments and their people that live therein from where recruitments are done and upon whom corruption is revisited during the recruitments.Mr. Speaker, Sir, I must confess...

Sen. Wetangula) : Sen. Wetangula) :

Sen. Wetangula): - THAT, New Clause 1A be read a Second Time. The Chairperson (Sen. Kembi-Gitura) : Sen. Wangari, you do not want to justify anything or it is okay with you? Mr. Speaker, Sir, I oblige. It will be a good idea if we start with it on Tuesday...

Sen. Wetangula): Sen. Wetangula):

Sen. Wetangula) : Sen. Wetangula) :

Sen. Wetangula): Mr. Deputy Speaker, Sir, I want join you to welcome the students who have visited the Senate. Secondly, I am neither happy nor convinced with the response to the Statement given by Sen. Sijeny on the Sen. Karaba’s question. I request that we get a clarification on what...

Mr. Deputy Speaker, Sir, I want join you to welcome the students who have visited the Senate. Secondly, I am neither happy nor convinced with the response to the Statement given by Sen. Sijeny on the Sen. Karaba’s question. I request that we get a clarification on what the Ministry...

Sen. Wetangula) :that road?Mr. Deputy Speaker, Sir, how I wish my colleagues would have attended the meeting on the issue of these roads. It is not easy for the Cabinet Secretary (CS) to come here all the time. I had announced and told my colleagues to avail themselves. Some of...

Mr. Deputy Speaker, Sir, a further statement was sought about the Eldoret-Kitale-Kapenguria Road. However, I have not heard her give

Sen. Wetangula) : Sen. Wetangula) : Mr. Deputy Speaker, Sir, I am not seeking a clarification. I just wanted to assist my Chairperson. Are you informing the Chairperson?

good Lord rest the late hon. John Njoroge Michuki in eternal peace.Is she in order to tell us that the NTSA led by a man who does not know whether he is going or coming called hon. John Mututho is now formulating new rules when we have rules in the...

Sen. Wetangula):

Sen. Wetangula) : Sen. Wetangula) : I thought you gave an answer for that. He could perhaps read his statement for any other clarification. we shall end that statement at that point. Mr. Deputy Speaker Sir, I even sent a message through WhatsApp. They should embrace digital.

morning.Sen. Karaba, what is your point of order?

Sen. Wetangula) :helpful it is.The second amendment is critical. It is in line with the mandate of the Senate under Article 96 of the Constitution. Article 96 (1) and (2) states as follows:-“(1) The Senate represents the counties, and serves to protect the interests of the counties and their governments....

Sen. Wetangula) : Mr. Speaker, Sir, I rise on Standing Order No.91. Could the Senator for Kirinyaga withdraw his remarks that have thrown this country to bad repute? Those are exceptional words that cannot be accepted in this House. He should withdraw and apologize. On a point of order, Mr....

Mr. Speaker, Sir, I rise on Standing Order No.91. Could the Senator for Kirinyaga withdraw his remarks that have thrown this country to bad repute? Those are exceptional words that cannot be accepted in this House. He should withdraw and apologize.

Which words?

Mr. Speaker, Sir, he talked of retaliation towards Sudanese people in Kirinyaga County. Sen. Karaba, what did you say?

Sen. Wetangula) : Mr. Speaker, Sir, we shall do what you have directed. Hopefully, by Thursday, as they have promised, we shall give the statement here. Chairperson, I direct that you work double so that if you can get the statement tomorrow, the better. Definitely, Thursday, latest. We will not...

view which was very correct in my consideration was that the matter was very urgent. It involved possible loss of human lives, people losing their investments and being in line of danger.Today, the Chairperson was to give, at the very least, preliminary information to the House and the country as...

Mr. Speaker, Sir, we shall do what you have directed. Hopefully, by Thursday, as they have promised, we shall give the statement here. Chairperson, I direct that you work double so that if you can get the statement tomorrow, the better. Definitely, Thursday, latest. We will not accept any delay...

Sen. Wetangula): Sen. Wetangula):

Sen. Wetangula) : Sen. Wetangula) :

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

devolution. We should be the last people to do the opposite.Mr. Temporary Chairman, Sir, I support the amendment.

Mr. Temporary Chairman, Sir, I also rise to support the Committee’s proposals and amendments. We should not lose the gains that we have made in devolution. We have come a long way, particularly to devolve health services, so that we bring them closer to the people. I know that my...

Sen. Wetangula) : Sen. Wetangula) :Thank you, Sen. Bule, for speaking to that amendment.We shall have a Division at the end. Clause 90

Sen. Wetangula) : Sen. (Prof.) Lesan! Mr. Speaker, Sir, I listened to you very carefully - as I was driving here deliver- your ruling on the issue of security. I join the Deputy Speaker who raised the issue in lauding you and congratulating the management for at least stating in...

Sen. (Prof.) Lesan!

Mr. Speaker, Sir, I thank you for the ruling that you have made. However, I want to point out that the other area we have a threat is the area of food and beverages that we use within Parliament. I have an office at the Kenyatta International Convention Center (KICC)...

Members of Parliament. I suggest we look at this area a bit more closely.

Order, professor! Why are you giving opportunities to people? Some of those things you do not need to ventilate them in the plenary. You can make suggestions privately.

Mr. Speaker, Sir, Sen. Wetangula brought out an issue I mentioned some time back. It will be abdication of duty as the Vice Chairperson of the Standing Committee on Information and Technology if we do not mention this; Close Circuit TV (CCTV) cameras around Parliament buildings are mandatory. I was...

Sen. Karaba!

Mr. Speaker, Sir, as we talk about security in Parliament, sometimes one wonders whether these people are serious. All they ask us is to open the boot and the door for checking and that is all. They have no gadgets to really check whether there are gadgets that could be...

Sen. (Dr.) Machage!

Mheshimiwa Spika, nikizitoa rambirambi zangu kwa maafisa wetu wa askari waliouawa huko Kapenguria, nina maswali kadhaa kichwani. Tunajifunza nini hapa Kenya kila tupatapo mkasa kama huu? Imekuwa desturi kwamba mkasa wa majambazi kama hawa ukitokea, kazi yetu ni kulia na kusaga meno. Tunapotoa rambirambi zetu na kuwazika walioaga, mambo yanaishia...

Sen. Kagwe!

Mr. Speaker, Sir, I join my colleagues in sending my condolences and those of the people of Nyeri County to the people of West Pokot County on the deaths that occurred there. While I appreciate what you have said, when one is attacked like West Pokot was, the Government must...

presently in the world. It was assumed that when you were arresting a person, they do not want to die. When you arrest a person that wants to die, do you treat them the same way as a person who does not want to? There are big questions that we...

Conclude, Senator.

Mr. Speaker, Sir, indeed. As far as our policemen are concerned, I think we have been accused by even some friends from the Israeli Government of taking our security too lightly. I think Sen. Wetangula is correct. He is right in proposing that we have to be constant and have...

Before we move to the next Order, let me assure you that we had a meeting to review and audit our security arrangement yesterday afternoon. So, all I could give you is the feedback for the public. I do not think the other details are worth mentioning in public. So,...

Sen. Wetangula) : Sen. Wetangula) : We defer the putting of the question to the end. Next Bill! July 14, 2016 SENATE DEBATES

Sen. Wetangula): Sen. Wetangula):

Sen. Wetangula) : Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No. 43 of 2015) and its approval thereof without amendments. Mr. Temporary Speaker, Sir, I beg to move that the House...

Sen. Wetangula) : No, Mr. Temporary Speaker, Sir. Okay I understand it is Sen. Elachi. Close the doors and draw the Bar. (Voting in progress) Mr. Temporary Speaker, Sir, I beg to second. July 14, 2016 SENATE DEBATES

Sen. Wetangula) : Sen. Wetangula) :

Sen. Wetangula) : Sen. Wetangula) :

Sen. Wetangula) :July 14, 2016 SENATE DEBATES ELECTRONIC VOTING Mr. Temporary Speaker, Sir, I beg to second. July 14, 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, I beg to move that The Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No. 43 of 2015) be now read a Third Time. I request the Minority Leader to second.

Sen. Wetangula): Sen. Wetangula):

Sen. Wetangula) : Sen. Wetangula) :has said that the President is engaged fulltime---

has said that the President is engaged fulltime---

Order,

Sen. Wetangula) : Seek when it is necessary. Mr. Speaker, Sir, as I support the very important point raised by the distinguished Senator for Murang’a, you may recall that in the Fifth Parliament when the late Hon. George Anyona came to the House to table documents about corruption which was...

Sen. Wetangula): Sen. Wetangula):