Wednesday, 30th November, 2016

Order, Members, I have a Communication to make on the Seventh Edition of the East African Community games to be held from 4th to 11th December, 2016 in Mombasa County.

Hon. Senators, I wish to inform you that the Seventh Edition of the East African Community (EAC) Inter-Parliamentary games is scheduled to take place from 4th to 11th December, 2016 in Mombasa County. The games are a key aspect of building relations between the East African Legislative Assembly and the national parliaments of partner States in the East African region.

The games bring together representatives of the East African Legislative Assembly and from the East African Community partner States which include Burundi, Kenya, Uganda, Rwanda, Tanzania; and, from this year, South Sudan. The games play a major role enabling interaction and integration process among the Members of Parliament in the partner States. According to Article 5, they are meant to widen and deepen the integration process.

Hon. Senators, the games which started in 2009 are held on an annual rotational basis. Kenya is privileged to host the Seventh Edition of the East African Community Games and the Parliamentary Service Commission has chosen Mombasa County as the venue for this activity. Towards this end, a committee consisting of Members from both Houses chaired by the Hon. Dan Wanyama was formed and inaugurated by the Speakers of Parliament on 16th June, 2016 to prepare and put in place the necessary logistics for the successful hosting of the games. The following Senators have been selected to form the Senate team at the games:-

Order, Members, I have a Message from the National Assembly on the approval of the President’s Reservations to the Petroleum

Bill

(National Assembly Bill No.44 of 2015)

and the Energy Bill

(National Assembly Bill No.50 of 2015)

.

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.40

(3)

and

(4)

, I have received the following message from the Speaker of the National Assembly regarding the referral of the Petroleum

Bill

(National Assembly Bill No.44 of 2015)

and the Energy Bill

(National Assembly Bill No.50 of 2015)

by his Excellency the President to Parliament for reconsideration.

Pursuant to the provisions of Standing Order Nos.41 and 142 of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly.

THAT WHEREAS in exercise of powers conferred on him by Article 115 of the Constitution, His Excellency the President refused to assent to the Petroleum

Bill

(National Assembly Bill No.44 of 2014)

and the Energy Bill

(National Assembly Bill No.50 of 2015)

and refer the two Bills to Parliament for reconsideration;

WHEREAS the National Assembly on Tuesday, November 22nd and Wednesday 23rd November 2016 reconsidered and passed the two Bills fully accommodating the President’s reservations and without proposing any amendments to the said reservations;

NOW THEREFORE in accordance with the provisions under Article 115 (4) of the Constitution, I hereby forward the Memorandum of the President containing these reservations to the said Bills to the Senate for reconsideration.

follows:-

observations or clarifications in relation to the petition for not more than 30 minutes.

Thank you, Mr. Speaker, Sir. First of all, I want to thank the three citizens from Nyamira who have raised this petition drawing the attention of this Senate and, indeed, the general public to what is going on in Nyamira County. Those kinds of events or happenings concerning misappropriation of funds by those responsible or diversion of public funds to individuals and personal use is not only restricted to Nyamira. It happens in other counties as well.

I want to urge this Senate, particularly the relevant committee to which this matter has been referred, to take a serious view and carry out proper investigations so that those who are culpable or those who are found to be responsible are punished accordingly. However, this is a common feature in our counties today where there is open plundering of public resources and open “thieving”, if I am allowed to use that word.

Order! You are not allowed to use that word.

Mr. Speaker, Sir, open plundering that is going on. We have situations where reports are made to the effect that funds are allocated for specific projects. However, when you go down to inspect those projects that are completed and paid for, there is absolutely nothing existing on the ground. We need to grapple with this and make sure that this situation is arrested and those responsible punished.

Mr. Speaker, Sir, I want to laud the three residents from Nyamira for being bold enough to raise pertinent issues regarding public funds and expenditure in their counties. We, as a Senate, wonder why there is delay of releasing oversight funds to us because this would have helped the Senator for Nyamira County to notice such anomalies a long time ago. It is a pity that it is left to the citizens to raise those happenings in the counties. It is surprising that a county government purports to buy cows to give to the poor people while they take them to the home of the governor.

Nyamira County is a small county with scarce land. Unless the governor owns a big land, where would he keep all these cows and the greenhouses? There are a lot of problems in the counties. For example, in the construction sector, there are various construction works going on without proper budget or approval from the county assemblies.

In some instances----

Order, Sen. (Prof) Lonyangapuo!

Mr. Speaker, Sir, in some instances, work that is supposed to be done in the next five years has already commenced without proper budget. This is chaos being witnessed. I laud the petitioners and we should encourage county citizens to be alert like them.

Bw. Spika, nakushukuru kwa kunipa nafasi hii. Nawashukuru wananchi wa Nyamira ambao wametuma Petition yao hapa. Hii ni dhihirisho ya kwamba Wakenya wamechoka, hawana nguvu na pia hawana pa kwenda. Wananchi hawa wako na mwakilishi wao hapa, ambaye ni Seneta, lakini hawawezi kuandika hiyo Petition kupitia kwake. Wanaona ni heri wakimbie mbele ya Bunge la Seneti ndiposa waweze kusaidika.

Wizi wa hela za Serikali hapa Kenya umepita mipaka na Wakenya hawajui pakuenda. Juzi tumedhihirisha katika taarifa iliyosema kwamba kibunda cha pesa

kushangaza. Je, wanatoa wapi pesa hizo na ni za kazi gani? Magavana wanasema kwamba wanaziweka hizo hela kujitayarisha kwenda kortini kujitetea ilhali waliowachagua wanataabika.

Nataka kusalimu amri na kusema ya kwamba Kenya inaangamia kwa sababu hakuna usalama wala msaada. Wale ambao wamekusanya mali kidogo wanaishi katika nyumba kubwa, wamejikinga kwa kutumia milango ya vyuma na mbwa. Narudia maneno ya J.M. Kariuki, kwamba kati ya watu milioni kumi, kuna watu milioni 40 ambao ni maskini. Kwa hivyo, sijui kama ni risasi ama nini itazuia wananchi kudai haki yao na kuwalazimisha viongozi waache kuiba.

Nawashukuru wakaazi wa Nyamira. Tutajaribu tunavyoweza lakini najua hakutakuwa na jawabu la kuwasaidia.

Thank you, Mr. Speaker Sir. I want to join hands with my colleagues who have lauded the residents of Nyamira for bringing out this important issue. I want to believe that this is the very first Petition specifically talking about an issue like this one that has been brought directly by citizens of a county. When this happens, then we know that something is very wrong. Why is it that the relevant authorities have not noticed that the Governor has been giving contracts to his relatives yet the information has come to the public domain? Why is it that they have not come up with a solution? This is why we are here as a Senate.

As a Senate, we have kept on talking about the blunders that go on in the counties, yet our concerns keep on falling in deaf ears. I do not know the committee that you are going to commit this Petition to, but I hope that the relevant committee is going to get to the bottom of this issue. It should hold a public hearing and we should get results or recommendations that are going to be followed to the letter under the supervision of the Senate. Indeed if there is any culpability, whoever is responsible has to be brought to book.

I am sure that many residents in the 47 counties would like to bring such petitions to the Senate but there is intimidation. Some people cannot come out clearly with a mission like this. I want to congratulate and laud the residents of Nyamira County who have brought up such an important issue. This shows that corruption is going on and it is rampant in many counties. It is going to---

Order, Senator.

With your permission, Mr. Speaker, Sir, it is going to make people to lose faith in devolution. I have said on several occasions that devolution is the future of this nation. We have everything to worry about when the people lose faith in it. In fact, as a Senate, we should not allow that to happen. That is my plea to the relevant committee of the Senate that is going to deal with this issue.

Could we hear from Sen. Mutula Kilonzo Jnr.? Members, you must be very clear. The prayers of the petitioners is that the Senate investigates this matter and makes appropriate recommendation to address the situation. We have not investigated the matter or determined it yet. So let us not do an overkill.

Mr. Speaker, Sir, I thought we were generally speaking on the subject. I want to say this with tremendous respect to everybody, that corruption in counties is officially the 48th county. In it, there are no coalitions such as

among thieves.

Mr. Speaker, Sir, one Act of Parliament that was signed into law but we do not take seriously is the Controller of Budget Act. That Act was passed and assented to by His Excellency the President without our input. The Controller of Budget is the one who continuously approves misapplication and misappropriation of funds. She is now giving counties money using regulations as opposed to the Act.

Therefore, as we move forward, I have two proposals. You have proposed that we have a Legislative Summit which is not the Governors’ Summit. We will not attend the Governors’ Summit. First, as a Senate, we should form a special Directorate for Petitions. Secondly, we had requested that a list of pending petitions be presented here to enable us show the public what we have done.

Lastly, there is one infamous governor who came to the Senate hand in hand with the Chairman of the Public Accounts Committee (PAC). That is an unholy marriage between a governor and the auditors of the county. In that Legislative Summit, the Chairperson of the Committee on Finance, Commerce and Budget and the Chairperson of the County Public Accounts and Investments Committee (CPAIC) should have a session with our counterpart committees in the county assemblies. They should advise them not to have this unholy marriage where they come holding the hands of governors to the Senate---

Conclude, Senator.

Mr. Speaker, Sir, the solution lies with this interrogation. How can somebody move cows---

You are also running the risk of unholy timing.

Mr. Speaker, Sir, I beg to support.

Thank you, Mr. Speaker, Sir. I hope I can stay within the holy time. The crafters of the 2010 Constitution did not envisage a situation where devolution was going to involve devolution of corruption and malpractices. I believe that the future stability of this nation is predicated on the good running of county governments. Let us never lose sight of the reason why we have devolution. Devolution is there to help Kenya be a more stable nation.

While supporting the petitioners, it is good for us to look at the wider picture and all the management. Article 96 (3) which gives this House oversight responsibility over management of county resources and devolved funds can never take effect because it is a word that only exists in the Constitution. It is not effective because it does not happen. For it to happen, the lawyers in this House must advise us on the law that effects article 96 (3) . This is because we should not be begging for funds to effect article 96 (3) , it should be in law. There should be a law that states the amount of money that the Senate must get to enable them to effect Article 96 (3) . Only then are we going to avoid situations where people are buying cows supposedly for the wananchi and then taking them to their own houses or buying cows to supposedly alleviate poverty in the county but just to use them as---The only way we can do this is by having a law that gives effect Article 96 (3) . This House should not get money on the basis of the goodwill of others. Let it be in law that we must get this money.

Thank you, Mr. Speaker, Sir. I support.

Mr. Speaker, Sir, I commend these Kenyans because they are obeying the law. They are taking due processes. They are not taking the law in their hands to start fighting. They are appreciating the institutions enshrined in the Constitution. It is our responsibility and I believe where we shall refer it, it should receive the best attention that it deserves.

Mr. Speaker, Sir, this is a good opportunity for the Senate to investigate most of these issues and avoid the drama that some of the governors act by avoiding to appear before Senate committees. With this Petition, I am sure we will get all the documents and the results that we need so that the people of Nyamira County will defend what is theirs. This is applauding the devolution which was meant to send resources down to the villages and ensures enough participation by all Kenyans. This shows that Kenyans are alert, watching and they want to control all that they need.

I commend them.

Thank you, Mr. Speaker, Sir. I will take a slightly different angle in this matter. I hail the patriotic residents of Nyamira County for having confidence in the Senate and bringing their petition to us.

The issue of petitioning Parliament is important. That is why it is referred to twice in the Constitution. It is under Chapter Four on the Bill of Rights, Article 37 of the Constitution which gives Kenyans the right to petition Parliament. It is also mentioned under Article 119 in Chapter Eight of our Constitution.

Mr. Speaker, Sir, since we started sitting in this Senate, we have received many petitions from many quotas. The residents of counties have been complaining about how affairs are being run in their counties. The reason why these petitions come to the Senate is because these Kenyans have confidence in this House. I want us to re-examine ourselves on this issue of petitions. How many petitions have been brought before this House? How many have been completed? Sen. Mutula Kilonzo Jnr., it is a serious matter. We do not want to lose that confidence that Kenyans have in this House. I know of many petitions that have been before this House. The Standing Order No. 277 (2) is clear that once a petition has been committed to a committee, that committee has 60 days to report back to the House.

I know of petitions that have taken more than seven months and they have not reported to the House. I know of a number and they include one from Vihiga County Assembly where the MCAs petitioned the Senate and the Petition has been lying with the Committee led by Sen. Billow. I do not understand why the report of that petition has not been brought back to the House. These are some of the things that will make Kenyans to start losing confidence in us. We must stick to the rules that we made ourselves. The Standing Order No. 277 (2) is clear.

Mr. Speaker, Sir, I wish to encourage the Committee that this Petition will be committed to expedite the matter so that it does not become like the petition from Vihiga County Assembly.

For the remaining Members, you have only two minutes.

Mr. Speaker, Sir, I join my colleagues in congratulating the three petitioners who presented this Petition to the Senate. The responsibility given to this Senate is partly shared with the county assemblies in terms of oversight over our

a legislation called The Petitions to County Assemblies Bill. This House passed but it is pending in the National Assembly.

The reason why you see members of the public in counties petitioning the Senate is because there is no mechanism or proper infrastructure for them to present them to the county assemblies.

Mr. Speaker, Sir, I use this opportunity to ask the National Assembly to look at the many Bills that we have presented, approved in this House and passed to the National Assembly. They should approve them in order to benefit Kenyans. However, members of the county assemblies need to ask themselves serious questions. When they see the influx of petitions to the Senate, what does it say about the public confidence in them? It is important that county assembly members re-examine their fidelity to the law in terms of carrying out oversight so that we can reduce the number of petitions to this House and encourage members of the public to petition the county assemblies having faith that they will be dealt with at that level.

With those few remarks, I beg to support.

Thank you, Mr. Speaker, Sir. This petition is before this House at an interesting time. It is encouraging to see that the people who matter in regard to the role of the Senate still believe in the power of this House. They value the work that we do as Senators.

I congratulate the residents of Nyamira County for the oversight role that they seem to be doing despite the inadequate resources that are at their disposal. This is an encouragement to the Senators that despite the challenges that we face, we can still do our work diligently with or without the resources that we have been seeking for some time now.

Mr. Speaker, Sir, I serve in a Committee that has been mentioned and I have had an opportunity to look at some of the Petitions that have been brought before this House. You cannot help but sympathise with the residents of some particular counties when there is so much plunder and theft. You also feel encouraged that there are residents who are watching. As Senators, the Committee that will look at this Petition should give something great to the residents of Nyamira County. As we approach next year’s general elections, the confidence in the amount of work that this House does can be uplifted.

Thank you.

Thank you, Mr. Speaker, Sir. The reason you hear Members speak with certainty to this issue is that from the Members of the County Public Accounts and Investments (CPAIC) and the Committee on the Finance, Commerce and Budget, we encounter many of these issues that you can almost make an inference. As I commend the three residents of Nyamira County, I note their frustrations as have been cited by Members here. I know Sen. Mutula Kilonzo Jnr. is afraid to name Machakos County. In fact, the governor appeared before CPAIC not only accompanied by the chairman of the County Assembly Committee on Public Accounts, but also the County Assembly Majority Whip, Minority Whip and about eight MCAs. That is where the problem lies. The frustration you are seeing from these Kenyans is because the county assemblies can no longer exercise their oversight role. They have been unable and it has been proven to

considered.

The petition tracker is very critical. Let us name and shame the committees that sit on petitions and laud those like the Sen. Mutula Kilonzo Jnr.’s of Legal Affairs and Human Rights and others, who have dealt with their petitions. By so doing, we will do justice to the public and what is expected of us by the Constitution.

Mr. Speaker, Sir, I also wish to agree with my colleagues on this significant issue. However, I wish to address specifically on the request that has been made by the petitioners who have asked the Senate to investigate. I wonder whether the Senate has the capacity, through its committees, to thoroughly investigate particularly if we will be asking the Auditor-General to assist us in this investigation. We know that part of the problems that we have in investigating some of these issues is the fact that the Office of the Auditor-General has not done a thorough job in order to allow us to fix whoever is dealing with these issues.

This brings to the fore the question of the capacity of the staff of the Senator in that particular county. Could they have on board an auditor from the Office of the Auditor-General to work with them so that they avail useful information to the Senate so that we address these issues accordingly? As we investigate, we want to do justice to an issue that has been brought before us. Governors are now using the Integrated Financial Management Information System (IFMIS) as a scapegoat to cover for their misdeeds. They blame the IFMIS thinking that it is the “thief” of the county funds. This is not the case. It is the responsibility of the Senate to investigate and establish whether governors and other government officials are using this system to misappropriate funds in counties.

I commend the petitioners of Nyamira County who have brought this petition. Let us now show them that the Senate can actually investigate and come up with credible and possible ways of legislating differently in order to stop this kind of thing.

I support.

Mr. Speaker, Sir, I congratulate the three eminent and patriotic citizens from Nyamira County for the bold step that they have taken to submit a petition to this House. I take this opportunity using the press that may be around to educate the public out there on what their rights are. Sen. Khaniri has eloquently quoted two articles of the Constitution. One of them is Article 37 which gives citizens the right to petition to public institutions. However, our Standing Order No.220 (1) (a) and (b) on a submission of a petition, limits that ability to this House. It says:-

Mr. Speaker, Sir, I also take this opportunity to commend the good residents of Nyamira County for having sought refuge in this “Upper House”. There are many issues which some of us as defenders of devolution and counties have been fighting for. I am happy now that we are reading from the same script with them in fighting for the rights of our people and making sure that accountability is finally dealt with expeditiously.

I thank them very much and assure them that this House has no shortcuts; it will deal with the issues raised and make its recommendations accordingly.

Next Order.

On a point of order, Mr. Speaker, Sir. I did not hear you commit the petition to a Standing Committee.

Thank you, Senator. Hon. Senators, pursuant to Standing Order No.227 – Sen. Khaniri had quoted all of them – the petition stands committed to the relevant Standing Committee, in this case, the Standing Committee on Agriculture, Livestock and Fisheries.

In terms of Standing Order 227 (2) , the Committee will be required, in not more than 60 days of the time of reading the prayer, to respond to the petitioners by way of a report addressed to the petitioners and laid on the Table of the Senate.

On a point of order, Mr. Speaker, Sir. I do not want to appear to doubt the directions that you have given. Whereas the petition prominently raised issues of cows finding their way into the Governor’s compound, I thought the issue was much bigger than the cows. It was about the use of and diverting public resources into personal use. Just that guidance because I think that would help.

Mr. Speaker, Sir, without contesting your ruling, I would agree completely with Sen. Sang because this is an investigation about fraud and not cows. It is whether or not public money was used rightly or wrongly. So, maybe that would not be the right Committee. Of course, I am not contesting it. In the event that it must go to that Committee, then maybe you can order that the CPAIC can also be coopted into it so that the issue of misappropriation can be delved into thoroughly.

I hear many points of orders, but you should know where to place your request.

Mr. Speaker, Sir, sitting next to Sen. Khaniri has some advantages. According to the Standing Orders, the Committee on Agriculture, Livestock and Fisheries considers all matters relating to agriculture, irrigation, livestock, fisheries and veterinary. The Committee on Finance, Commerce and Budget investigates. So, where the petitioner seeks to investigate ---

Order! What order is that?

Mr. Speaker, Sir, that is the Second Schedule of the Standing Orders on page 165. It says:-

“To consider all matters relating to agriculture, irrigation, livestock, fisheries development, veterinary services.”

which has that mandate is the Committee on Finance, Commerce and Budget which reads:-

“To investigate, inquire into and all matters relating to coordination, control and monitoring of the county budgets---

Mr. Speaker, Sir, I request that you revise your directions under Standing Order No.1.

Order, hon. Senators. A number of you have raised the issue whether this should go to County Public Accounts and Investments Committee (CPAIC) or the Committee on Finance, Commerce and Budget; including the real contestation of whether to consider or to investigate.

First, one thing is very clear; it cannot be CPAIC because it is a Sessional Committee. All petitions go to the relevant Standing Committee. My understanding is that every Committee of the Senate operates under Article 96(3). Oversight is not restricted to the specific committees. It is not finance. Some of these committees have direct provisions in terms of who receives the report of the Controller of Budget and who receives the report of the Auditor-General, but as far as I am concerned we are dealing with an issue about Nyamira County Small Holders Commercialization Programme. So, it is an agricultural programme. I also do not think the word “to consider” excludes investigation.

Therefore, when you have a programme, you consider who benefitted. In fact, the issue is not value for money. It is; who are the beneficiaries of the programme; whether it should be the governor, his family members or the poor residents of Nyamira. So, it is all a matter of saying; what is the amount of money allocated to this programme? How many cows were bought? Who are the beneficiaries of the cows? Do they qualify according to the criteria set?

Sen. Mutula Kilonzo Jnr., do you need any specialised training to check whether it is a cow and confirm whether it produces milk? In fact, if anything then, the product of a dairy cow can only be vetted by the agriculturalists. Sen. Mutula Kilonzo Jnr., on that area, you can trust your Chair.

Therefore, I maintain that the relevant Standing Committee is the Committee on Agriculture, Livestock and Fisheries.

We are already on the next order; Papers laid. Proceed, Sen. Sijeny.

Proceed, Sen. (Dr.) Machage. Sorry, it is Sen. Billow. I had been given the impression that Sen. (Dr.) Machage will do it but now you are here.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Wednesday, 30th November, 2016:-

Report of the Senate Standing Committee on Finance, Commerce and Budget on the 2017 Budget Policy Statement.

Who has more Papers? Proceed, Sen. Karaba.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Wednesday, 30th November, 2016:-

Report by the Ministry of Education, Science and Technology on Implementation Status of the Senate Resolutions Regarding:-

Next order!

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, the Senate adopts the Report of the Standing Committee on Finance, Commerce and Budget on the 2017 Budget Policy Statement.

Next order! Order, hon. Senators. Before we proceed with that order, I have a Communication to make.

Mr. Speaker, Sir, with your permission, may I join you in welcoming the Deputy Governor of the County Government of Murang’a to the Senate this afternoon. I am sure this is the first time that he is sitting in the Speaker’s Gallery of the Senate. I welcome him to see in real life what we as Senators do towards protection of counties.

I hope that he has watched satisfactorily the debate that emanated from the petition from the County of Nyamira about how seriously we take issues of corruption, and why we will not stop to deal with issues of corruption in the counties until counties become corruption free zones.

Mr. Speaker, Sir, this is important. I hope that we will see governors – I do not remember ever having seen a governor in the Speaker’s Gallery – come here more often. Something very interesting happened here. I think Sen. Wangari raised it; about a governor being summoned then coming with a heavy delegation of Members of County Assembly

That tells you very clearly about the negation of the duty to oversight by the county assemblies because if they are supporting the governor when an inquiry has been made against him on issues of impropriety in the county; and the people who are supposed to have the oversight role upon the governor, come with him to encourage him to withstand the trial and the inquiry by the Senate, then as Sen. Wangari said---

been two minutes, so you must have exceeded.

Thank you, Mr. Speaker, Sir, allow me just to finish and say that it is important that we continue as a Senate going forward to see to it that corruption is dealt with firmly, and that the Deputy Governor, hon. Gakure Monyo, will take the message back to Murang’a County that this Senate is serious and is bent on dealing with corruption at all levels in the counties, and that we are not going to allow county assemblies that do not carry their oversight role seriously.This is because that is where devolution is going to be defeated and it must never ever be defeated, because it is the hope of this nation.

Order, Members. I see some interventions. Is it related to the communication?

Mr. Speaker, Sir, I join you and your deputy in welcoming the Deputy Governor for Murang’a County and also commend him for taking interest in the proceedings of the House. We know that we have had problems with governors because they are summoned to answer questions and none of them has ever taken any interest to come and see how the Senate operates. So I commend him for that.

Sen. Sang.

Mr. Speaker, Sir, I want to join you and my colleagues in welcoming the Deputy Governor of

Murang’a County. I am happy to see him in the Speaker’s Gallery. The last time, I saw a story of him in the papers was that his office had been vandalized, and it had appeared as if it had something to do with the impeachment Motion of his governor in the Senate. I, therefore, hope that his office is up and running and that he is busy executing his responsibilities as the deputy governor and to call upon all governors to work hard and work together with their deputies.

Sen. Wangari.

Mr. Speaker, Sir, as you know, Murang’a is my county of birth and I---

Order, Senator! How do you expect us to know?

Mr. Speaker, Sir, I thought I had pronounced it on this Floor over and over again, but I can inform the House that, yes, it is mycounty of birth and welcome the Deputy Governor of Murang’a County to the Senate, but most importantly, I want to allude to what has been touched by other Senators as a Members of the County Public Accounts and Investments Committee (CPAIC) .

I would like that the Deputy Governor to passage the message to the Governor of Murang’a

that we are not interested in extraneous issues. We are only interested in finding out the truth about the monies allocated to the county. We have demonstrated that, even with the most stubborn governors.

Just recently, we had the “Senator” of Machakos defy summons. He came and we have proved as a Committee that we are not witch-hunting. We have dealt with the matters as they are. We are still hopeful that the Governor of Kakamega can learn from the several governors who have changed their minds, and they will be able to come to clear audit queries as it should be.

On a point of order, Mr. Speaker, Sir, What is it Sen. Muthama? This is no business.

Mr. Speaker, Sir, I do not whether you have heard Sen. Wangari referring to the Governor of Machakos as the Senator?

Is that what you said, Sen. Wangari?

Mr. Speaker, Sir, if I said Sen.Muthama, it must have been a slip of the tongue. I actually meant the Governor of Machakos who has since honoured the summons to appear before CPAIC. I apologize.

I reiterate that the conduct of the proceedings of any committee of the House is not the incentive for a witness to come. Witnesses come to the Senate on account of Article 125 of the Constitution. So, whether you like a Member or not is really immaterial. It is a constitutional duty that every holder of a public office must subscribe to.

Mr. Speaker, Sir, I rise pursuant to Standing Orders 45 (2) (b) to seek a Statement from the Chairperson of the Committee on National Security and Foreign Relations concerning the deplorable living conditions in various police stations Administration Police camps and quarters for prison officers in the country. In the statement, the chairperson should state:

Mr. Speaker, Sir, I think this is a very straightforward request. We will endeavour to get it in a week’s time.

It is so ordered. Let us go to Statement A. The Member is not here.

The Vice-Chair, Sen.Khaniri! What is it, Sen. Karaba?

Mr. Speaker, Sir, the Chairperson is in the House and is getting to his position.

Mr. Speaker, Sir, the matter of this Statement sought was discussed in my Committee today. This Statement was sought from the Committee on Roads and Transportation and apparently, they sent it back and said it is not in their docket. It was brought to our Committee today during our meeting.

Looking at what is being sought about construction of sewerageplants; we observed that sewerage plants are these days constructed by counties.

The Ministry of water and Irrigation no longer constructs sewerage plants within townships. As such, I needed your direction whether this statement should not go to the Committee on Devolved Government, which deals directly with the county governments. I seek your indulgence and guidance on this.

We will come back to it. Next Statement (c) by the Chairperson of the Committee on Education.

Mr. Speaker, Sir, pursuant to 45 (2) (b) , on Wednesday 20th July, 2016, Sen. (Prof.) Lonyangapuo requested for a Statement from the Chairperson of the Standing Committee on Education regarding payment of school fees in various institutions, including secondary schools, Teachers Training Colleges (TTCs) and Kenya Medical Training Colleges (KMTCs) .

First, the Senator requested me to explain the policy guidelines of the Ministry of Education regarding payment of fees in the above mentioned institutions. The principals are expected to adhere to the guidelines which have been issued to them countrywide. For each year, a student, especially in college, is supposed to pay Kshs64, 472 spread across the three terms.

Secondly, the Senator wanted me to clarify whether there was a requirement in place of fees to be paid annually instead of spreading it across the three terms of each academic year. There is a requirement for fees to be paid annually. Payment is spread across the three terms of each academic year. For the very needy students, principals are required to accept whatever amount of fees is available and allow the students to continue learning as guardians look for the balance. It has been noted that majority of the students admitted, particularly in TTCs, are from poor households. Many students complete the two-year training leaving a huge fees balance, and as a result, the TTCs are unable to meet their financial obligations.

Thirdly, the Senator wanted me to explain whether the Ministry is aware that most school principals of the listed institutions of learning demand for full payment of fees to be done at the beginning of the first term and the remaining balance to be made in the second term, instead of spreading the payment in three equal installments per term.

payment of the fees at the beginning of the first term. For all cases reaching the office, the Directorate of Basic and Secondary Education has addressed the issues with the individual principals who are instructed to observe the laid down rules and regulations.

The fourth question was on the measures that the Ministry is taking to safeguard parents or guardians from the stress of having to pay fees at once for the whole academic year. During the launch of the P1 selection each year, principals are reminded of the Government policy on fees payment. Emphasis is laid on the fact that students should be admitted with or without fees so long as a commitment is made by the parents or guardians on when it will be paid. The question of payment of the full amount of fees required at the beginning of the terms does not arise.

The fifth question was on the rationale of banning fees payment using the electronic means like Mpesa and how that relates to the Government’s digital ambitions as stated by the Jubilee Administration. This does not apply to TTCs. Students in TTCs are allowed to pay fees using electronic means.

The sixth question was on how much money has been spent on bursaries by the Ministry of Education, Science and Technology and the Ministry of National Treasury through the National Government Constituencies Development Fund (NGCDF) and the devolved county governments and policy governing the same. With regard to the amount of money spent on bursaries, I wish to state that the Constituency Bursary Fund is no longer being disbursed through the Ministry of Education. This stopped in 2013.

The Senator who sought this Statement should note that the KMTCs are under the Ministry of Health and that Ministry is in a better position to answer questions related to the colleges. I have served him with the detailed fees structure for the public TTCs in the country.

If it is the wish of the Senate that I read through, I will do it, but it is detailed in the answer which the Senator has.

Order, Chair. Just state the amount.

Mr. Speaker, Sir, the amount is Kshs64, 472 per annum. Proceed, Sen. (Prof.) Lonyangapuo.

Mr. Speaker, Sir, I want to thank the Chairperson for bringing the response today, although it is several months late. I am surprised by the way the Chairperson has attempted to respond. He has evaded most of the questions that I asked. I asked about the secondary schools and TTCs in the entire Republic, but he has only concentrated on the TTCs.

The practice today is that all secondary schools are demanding full payment of fees in the first term irrespective of where the students come from. He has not stated clearly whether there is a policy on the same. Also, he has not provided a list showing how much the different categories of secondary schools are supposed to pay as school fees. This House needs to know how parents are tasked by the principals to pay in full in the first term.

Mr. Speaker, Sir, parents are told to pay fees through Mpesa and other electronic payment options due to their availability. I asked the Chairperson to state the policy on the same but he has stated that it is only TTCs that are allowed to use those options. I want the Chairperson to provide the fees structures and the policy.

bursary fund being disbursed through the Ministry of Education. I raise this issue because the Government is paying under the free secondary education programme, yet that money is never fully captured in the fees structure. We need to see the fees structures, so that we can safeguard the parents who are suffering. We are approaching the first term in January and parents will continue to suffer, unless the Chairperson answers this question clearly. He should tell us whether parents should pay school fees in three installments, that is, first, second and third terms.

Could the Chairperson clarify this?

Mr. Speaker, Sir, it is true that the contents in this Statement are for the TTCs. Separate guidelines were given to secondary schools. The total for secondary school fees is Kshs54,000, against that of TTCs which is Kshs64,472. It can be paid in three installments. These institutions need to collect this money because they cannot run without this it. This amount was arrived at as a result of there being a commission which was appointed by the President and all the stakeholders agreed that this amount of money be paid.

As far as the issue of Mpesa is concerned, I have evidence that secondary school fees are also paid using Mpesa. Recently, they were advised by the Cabinet Secretary to follow and ensure that the money reaches the administration.

I have done justice to your question.

Sen. Billow!

Mr. Speaker, Sir, the chairperson has not done justice to the question. The challenges on fees in public schools are two. First, some of the national schools in particular, have developed the tendency over the years to defy any directive that comes from the Ministry with regard to school fees. They, therefore continue to charge other fees, in effect becoming untouchable or sacred cows within the Ministry. What action will the Ministry take to ensure that schools like Alliance High and other national schools that consistently do not comply with these fees guidelines do so?

Secondly, why do they want the fees to be paid at once? What is the rationale behind it? These are schools where people come in terms. Even banks allow one to pay in instalments. Why are we punishing parents?

Mr. Speaker, Sir, the Chairperson is not coming out very clearly. In this Statement, we asked about schools and colleges. Nowadays we do not have headmasters. We have principals for schools and training technical institutes (TTCs) . I asked him to explain whether the Ministry is aware that most school principals and college principals demand full payment of fees. In the response, the Chairperson only says that as far as TTCs are concerned, the Ministry is aware that some principals demand full payment of fees at the beginning of the term. I do not know what he is trying to do by not coming out candidly. Secondary schools are very many in this Republic whereas TTCs are just about less than 50.

Order! How relevant is that?

Mr. Speaker, Sir, very relevant. Why is he evading to talk about the nerve centre where parents are about to suffer in January by being asked to pay full fees at once instead of three times in a year, which is legal?

Therefore, the issue is on why one should pay it all at once instead of three times regardless of the number of the institutions.

Mr. Speaker, Sir, the Ministry’s directives must be followed with tangible actions. Fees directives have been issued and schools like Alliance High have exceeded the fees deadline. A directive for a refund must be made. Is it possible that the Ministry walks the talk by making sure that parents are refunded or given a credit for the school fees that they have paid in excess of the guidelines offered by the Ministry? Otherwise the directive is like talking to birds.

Order, Sen. Mutula Kilonzo Jnr.! For the benefit of the Chair, how does that happen?

Mr. Speaker, Sir, talking to birds is a phrase in English where you are talking to nobody. It is like playing a guitar to a goat. It does not make any sense. It is phraseology.

Mr. Speaker, Sir, the understanding here is that the schools and colleges demand fees. Fees must be paid. Whether one pays it in full or three installments, the requirement is that one pays Kshs54,000 for secondary and Kshs64,000 for college. That is what has been agreed in a policy issue guideline by the Ministry.

Order, Chairperson! You are confusing the House. What is the policy; to pay in installments for three terms or to pay at once?

Mr. Speaker, Sir, the policy is that one pays an annual total school fees of Kshs54,000 for secondary and Kshs64,000 for TTCs. How one pays it is an arrangement between one as a parent and the principal. I have been a principal, and I have experienced this situation.

Order, Chairperson! You are just making your case worse. When you invoke that you were a principal before, it worsens. In your answer, you said that principals are expected to adhere to the guidelines. For each year, a student is expected to pay Kshs Kshs64,472 spread across the three terms. Where is the local arrangement here?

Mr. Speaker, Sir, I am talking about what I know and experience. To date, the principals have already issued fees for third term if it is the TTC.

What is it, Sen. Sang?

Mr. Speaker, Sir, is Sen. Karaba in order to allude to some experience that he has had which contradicts the policy that he has shared with us? He could have had that experience but it is the wrong way of doing things. Is he in order to contradict his own answer by giving his personal experience which is definitely wrong?

Sen. (Prof.) Lonyangapuo, a quick one, not another dissertation.

Mr. Speaker, Sir, is Sen. Karaba in order to imagine that he is the only one who has ever been a headmaster in this House? If it is true, his experience is very old. I do not know when he was a head teacher last. It may be 30 years

policy as directed.

Order, Sen. (Prof.) Lonyangapuo! Is there something you are trying to communicate but you are not also being candid? When was the last time you were a principal?

Proceed, Sen. Karaba!

Mr. Speaker, Sir, I am talking about what is in the policy. The policy is that one pays Kshs54,000 for secondary and Kshs64,000 for TTCs. One can pay a certain amount for each term depending on private arrangements which can be done and it is in the guidelines. If one wants to pay the whole year, they can go ahead and pay. That is what some people do.

Order, Chairperson. This is a serious matter. There are few things that are very critical to manpower development of a country which also affects the income of parents. Every parent struggles to raise fees for their children. Each one of us here can confirm the veracity of these assertions. You are always called upon to fundraise and contribute to school fees. We did not want to get confused in a system of that nature. We want to make it abundantly clear that that is the correct position. You are giving the wrong position. The correct position is that there is an amount of money to be paid in one year. That amount of money should be spread across the three terms. Many fee statements have a fee structure for each of the three terms.

So, tomorrow afternoon, you need to come with a clear statement and with sample of fees structures, including secondary school, because you have only given for the teachers training colleges. It might appear basic to you as a former principal, but with the poor Kenyans out there struggling to get their children to school is a matter of life and death.

Chairman, I demand you take this very seriously.

Order, Chairman! You cannot be on your feet when I am on mine. Yours must freeze in appreciation of mine. So, tomorrow afternoon come with a comprehensive statement on the fee structures and the payment breakdown.

Hon. Members, what was the next Statement? Statement (E) , the Chairperson is gone. We will revisit it later. Next Statement (F) .

On a point of order, Mr. Speaker, Sir. I can see the Vice Chairperson of the Committee on National Security and Foreign Relations who was eloquently handling the same matter last time is present.

Indeed, my apologies. I had not seen the Vice Chairperson because the Chairman usually sits in a very prominent location. Last time, I

House.

Proceed, Vice Chairperson.

Thank you, Mr. Speaker, Sir. I am sorry, I still do not have the statement with me. I have tried to get it from the relevant Ministry, but I have not succeeded. I will request to be given more time to get a response on this statement.

Mr. Speaker, Sir, last week, you had directed the Vice Chairperson to take this statement seriously and respond to it today after she had excused herself that she was unable to get it from the Ministry. How long will we entertain the Vice Chairperson of this honourable Committee? Yesterday, I was there and my people have been displaced. Therefore, I want to know what the Government has in store for us just like they had for Internally Displaced Persons (IDPs) .

You have been asked a question or you want it repeated?

Mr. Speaker, Sir, I have given the position of the Committee. As I had said earlier, we have tried to get this statement. Unfortunately, we do not have it. I am requesting Sen. (Prof.) Lonyangapuo to give us more time.

You know the Constitution

Mr. Speaker, Sir, we will apply those powers at some stage. However, for now, I am requesting to be given more time.

Mr. Speaker, Sir, the Vice Chairperson has referred to serious stern steps to be taken at certain stages but the Senator wants an answer. I think this is the point of taking these serious steps. According to her, she wants to move it forward, but up to when? Sen. (Prof.) Lonyangapuo wants answers to the questions he raised. So, let the steps be taken now not on another day.

Maybe we are being too hard on the Vice Chairperson because, obviously, she cannot make the statement now. The steps cannot be made now since she is in the House. How long do you want to take to bring the answer to this question?

Mr. Speaker, Sir, having in mind that we are going on recess tomorrow, I will try my best to see whether I can get the answer tomorrow. However, I am not certain that I will get it although I will try my best.

Mr. Speaker, Sir, I wish the Vice Chairperson would provide the answer tomorrow as directed.

Any more stories after tomorrow will be disapproved. We will wait for tomorrow and then deal with it from there.

You have put it well that you wish she could respond to the statement tomorrow. However, if all wishes were true, you know the rest of the sentence. Try and bring the answer tomorrow. We have to

Sometimes it is tricky and especially so in a busy Ministry like she handles.

Let us appreciate that the gracious Lady Senator has been very good in her conduct in answering questions in this House. I believe tomorrow you will do your uttermost to bring the answer.

Do you have the answer?

Mr. Speaker, Sir, I do not have this one also. I would request to be given more time.

Can you bring it tomorrow, if possible?

Mr. Speaker, Sir, I will try my best.

Very well. It is so ordered.

Thank you, Mr. Speaker, Sir. It looks like today is not a good day for me, but you will remember last time the Ministry requested for two weeks. However, I was requested by the Speaker to try and make sure that we have the answer this week. So, I have discussed the same with Sen. Muthama and I will try and persuade the Ministry to give us an answer together with the others.

Tomorrow?

Yes, Mr. Temporary Speaker, Sir.

It is so ordered. Mr. Speaker, Sir, on a point of order. This is the third time now that we are postponing this response. The issue here concerns a person who is locked in a foreign country and the family here really needs to know whether they can hire a lawyer to help him in the legal process. The delay is causing a lot of anxiety. It is my wish that the response is given tomorrow and I will ask for the indulgence of the Chair.However, if it is not there, commit the Committee through the Senate for the Cabinet Secretary of Interior and Coordination of National Government to appear on this matter.

We cannot anticipate what will happen tomorrow. Let us hope you will bring the answer tomorrow and anticipate for the best.

Mr. Temporary Speaker, Sir, we are not pushing for this matter because of the Chairperson, it is because someone somewhere is not doing his work yet he is being paid to do his work---

Order, Sen. Muthama. That

Mr. Temporary Speaker, Sir, we do not have an answer for this. As I indicated yesterday, this Statement was directed to our Committee and we directed the same to the Attorney-General’s Office. Then it appeared that it should have been taken to the Ministry of Interior and Coordination of National Government and some bit of it should have gone to the Independent Boundaries and Electoral Commission (IEBC) . We are pushing the Attorney-General’s Office for a response. However, we have written directly to the Ministry of Interior and Coordination of National Government and to IEBC. We are doing everything that we can to ensure that we get an answer. I request Sen. Wangari to give us more time to allow us to get the response.

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

What is your point of order, Sen. Wangari?

Yesterday, the Speaker directed that this issue be brought to this House because it is long overdue. I have waited for this response for over a month yet I do not hear any commitment from the Chairperson. He is not telling us when he will bring the response. We do not want to be caught up in a situation where there is some recruitment going on and the same problem recurs yet we have not mitigated the previous problem.

I would like to hear from the Chairperson of what has changed from yesterday and what has he done to ensure that we can close this week with that matter resolved.

Mr. Temporary Speaker, Sir, I understand the frustration of Sen. Wangari. I know that she is a Vice-Chairperson of another Committee and she appreciates that there is so much that you can do. I commit to Sen. Wangari that we will have a response before any other recruitment for the police, National Youth Service (NYS) or any other.

What if they announce that there is recruitment tomorrow afternoon?

Mr. Temporary Speaker, Sir, I will try.

Very well.

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

What is your point of order Sen. Cheruiyot?

On a point of order, Mr. Temporary Speaker, Sir. Last week on Wednesday, I requested for a Statement from the Chairperson of the Committee on National Security and Foreign Relations. The Speaker directed that it be on the Order Paper this afternoon.

consulted the Clerks-at-the-Table)

Could you repeat what you just said?

Mr. Temporary Speaker, Sir, I was notifying you that last week on Wednesday, I requested for a Statement from the Chairperson of the Committee on National Security and Foreign Relations. The Speaker directed that the answer be brought today. Unfortunately, it is not on the Order Paper.

It will be on the Order Paper tomorrow.

Tomorrow is okay.

Yes, tomorrow.

Thank you, Mr. Temporary Speaker, Sir.

Thank you Mr. Temporary Speaker, Sir. Pursuant to Senate Standing Order No.45 (2) (b) ; on Wednesday, 20th July, 2016, Sen. Kagwe requested for a Statement regarding the upgrading and the elevation of some former provincial schools to national school status. The Senator requested the Chairperson to state:

1) The number of national schools and the list of such schools per county in the country. The answer to that is; the number of former provincial schools elevated to national status is 85 going by the list of schools per county. I have 47 counties, with your permission, I can go through it.

Please, table the document.

Mr. Temporary Speaker, Sir, there are two national schools per county except for Nairobi and Kiambu counties. If you so wish, I could go through it.

Just table the document.

Mr. Temporary Speaker, Sir, it will be tabled. Just comment on the status of Nakuru and Kiambu counties.

Just table the document.

Mr. Temporary Speaker, Sir, in Nairobi, we have Pangani Girls which has been elevated to national school status. Otherwise, there are quite a number of national schools in Nairobi County.

It is the same thing in Kiambu County because we have a number of national schools there. We have the Alliance Boys’ and Alliance Girls’. In Nakuru County, we have Nakuru Boys’ and Nakuru Girls’. We then have two national schools in every county. The number of old national schools are 18. We also have 18 new national schools. These include Mang’u and Starehe Girls’.

2) The Senator also wanted to Chairperson to state how much money was allocated to each school to enable them transform to national school status. The answer to that is; the amount of money allocated to each school to transform them to national school status was to Kshs25 million. Each of the 18 old national schools was allocated Kshs48 million.

3) The Senator also wanted the Chairperson to explain the rationale that guided the aforementioned allocation in (1) above. The rationale that guided the aforementioned allocation was the need to establish enough national schools. It was as a result of;

i) The Sessional Paper No. 1 of 2005. ii) Continuous demand for national schools places by the public iii) Presidential directive in January 2011 for the Ministry to establish additional national schools. The Sessional Paper No. 1 of 2005 outlined the policy framework for expanding access, equity and quality of education. In addition, in the Constitution of Kenya 2010, the education sector has been charged with the responsibility of fostering national unity and social cohesion. This is besides offering quality education and preparing the learners for the job market. In the Sessional Paper, the Government through the Ministry of Education was to work towards establishment of two national schools, one for either gender in counties that had none.

Mr. Temporary Speaker, Sir, the objectives here were:-

Mr. Temporary Speaker, Sir, in Nairobi, we have Pangani Girls which has been elevated to national school status. Otherwise, there are quite a number of national schools in Nairobi County.

It is the same thing in Kiambu County because we have a number of national schools there. We have the Alliance Boys’ and Alliance Girls’. In Nakuru County, we have Nakuru Boys’ and Nakuru Girls’. We then have two national schools in every county. The number of old national schools are 18. We also have 18 new national schools. These include Mang’u and Starehe Girls’.

2) The Senator also wanted to Chairperson to state how much money was allocated to each school to enable them transform to national school status. The answer to that is; the amount of money allocated to each school to transform them to national school status was to Kshs25 million. Each of the 18 old national schools was allocated Kshs48 million.

3) The Senator also wanted the Chairperson to explain the rationale that guided the aforementioned allocation in (1) above. The rationale that guided the aforementioned allocation was the need to establish enough national schools. It was as a result of;

i) The Sessional Paper No. 1 of 2005. ii) Continuous demand for national schools places by the public iii) Presidential directive in January 2011 for the Ministry to establish additional national schools. The Sessional Paper No. 1 of 2005 outlined the policy framework for expanding access, equity and quality of education. In addition, in the Constitution of Kenya 2010, the education sector has been charged with the responsibility of fostering national unity and social cohesion. This is besides offering quality education and preparing the learners for the job market. In the Sessional Paper, the Government through the Ministry of Education was to work towards establishment of two national schools, one for either gender in counties that had none.

Mr. Temporary Speaker, Sir, the objectives here were:-

they would be given more money.

When will the newly upgraded national schools be given at least an equal amount of money with the old national schools, so that they can achieve national school status? They are provincial schools renamed national schools, but not funded as national schools. That is the issue and I would want to hear from the Chairman. That is the issue.

Chairman, hold on for another one. The Senate Minority Leader (

Mr. Temporary Speaker, Sir, I am not ‘another one.’

Order! Sen. Wetangula, God

You again repeat what you said yesterday?

The Senate Minority Leader (Sen. Wetangula) : Mr. Temporary Speaker, Sir, I have to protest in the strongest terms possible. We are on air and you cannot dare address me like that, whether you are on the Chair or not. I will not take this. Jokes aside; this is a House of honour. You cannot use a seat of privilege to insult me. I will not take this.

They have no dormitories, laboratories or anything. So, you get a student who has got marks to go to The Alliance Boys’ or Alliance Girls’ High School in Kiambu County and take him somewhere where there are no facilities. If you go to The Alliance Boys School in Kiambu County--- Allow me to say a little---No. I have to limit you. Please, seek clarification.

On a point of order, Mr. Temporary Speaker, Sir. With your permission, I will seek just one clarification. Following what Sen. Kagwe has said, what exactly is this money supposed to do? Each of the 18 old national schools was allocated Kshs48 million and the newly elevated ones got Kshs25 million. I am asking this because in the case of Makueni County, Mbooni Girls High School does not have water. They have been calling all of us for fundraising to build laboratories and dormitories. So, what exactly was this money supposed to do if at all it was ever disbursed?

That is the kind of clarification that I expect from Members of this House.

Thank you for the compliment. Not stories of giving the Chair a difficult time of trying to see what exactly you want to say. Clarifications.Very well, Sen.Mutula Kilonzo Jnr.

On a point of order, Mr. Temporary Speaker, Sir. It is certainly a very warm afternoon.

Mr. Temporary Speaker, Sir, that man is so brilliant. He has picked the questions already in all these.

Order! Sen. Wetangula, God

You again repeat what you said yesterday? The Senate Minority Leader (

On a point of order, Mr. Temporary Speaker, Sir. The Chairperson on the Floor is not just the Chairperson of the Committee on Education, which I am a Member. He is also, as he well knows; a former headmaster of one of the schools involved in this thing. He is also a Senator and understands the Fourth Schedule of the Constitution. Secondary schools are not devolved functions. Secondary schools fall under the national Government.

Is the Chairperson in order to speak so irrationally about a subject that is so clear? When he says that there is rationale in giving established schools more money, would I be in order to propose to the Chairperson to reconsider his answers very carefully, given his background and the actual situation on the ground? He is wavering from one end of the pendulum to the other. He is totally irrational in his inconsistent answers.

What is it, Sen. Wetangula? The Senate Minority Leader (Sen. Wetangula) : On a point of order, Mr. Temporary Speaker, Sir. Please, prod the Chairperson to move away from that irrational position that he has taken. I thank the Senator for Nyeri for bringing this because it is very important. Could he also – I do not expect him to have this now – take time and bring to this House statistics of every school from the time they were elevated to now, the progression of performance, the population of students, number of teachers in each school and the cost of maintaining those schools?

Very well.

him due recognition.

Secondly, Sen. Wetangula, Sen. Billow, Sen. Kagwe and I have had an opportunity to serve with the Senator from the Ninth Parliament. I do not read any irrationality with his behaviour today. It is his mode of communication. So, we cannot do much about that.

Mr. Temporary Speaker, Sir, on several occasions based on the emotive nature of the debate in this House, it has never happened that a Member would dress down the Speaker of this House. Even if the Senator has issues with the directions of the Chair, there are better ways and times to raise those issues. If we are on air, the same Member then disparages the entire House by dressing down the Chair in the manner that he has done. Is he in order to do so?Hon. Members of the Senate, communication is a two way process. Respect is a two way process. However much English you may know, it is bad to talk in idioms or a satirical manner to demean the intelligence of any Member in this House.As the Temporary Speaker, I will hit you hard when you show such tendencies. I will not care whether we are on air or not. I have a job to preside over this House and it must be presided to run with decorum.

On a point of information, Mr. Temporary Speaker, Sir. Who do you want to inform?

Mr. TemporarySpeaker, Sir, this is a very crucial and important aspect of the management of our educational system in this country, and towards cohesion for our nation.

So, I wantto inform the Chairperson that all secondary schools in the second category (B) moving from category A which is the 18 schools are suffering very seriously. You remember that one of the issues that the Chairperson raised very eloquently was that more money was going to be given to these schools. If the Chairperson would undertake, and I am a member of his Committee, so I can assist him

On a point of order, Mr. Temporary Speaker, Sir. With your permission, I will seek just one clarification. Following what Sen. Kagwe has said, what exactly is this money supposed to do? Each of the 18 old national schools was allocated Kshs48 million and the newly elevated ones got Kshs25 million. I am asking this because in the case of Makueni County, Mbooni Girls High School does not have water. They have been calling all of us for fundraising to build laboratories and dormitories. So, what exactly was this money supposed to do if at all it was ever disbursed?

That is the kind of clarification that I expect from Members of this House.

Thank you for the compliment. Not stories of giving the Chair a difficult time of trying to see what exactly you want to say. Clarifications.Very well, Sen.Mutula Kilonzo Jnr.

Mr. Temporary Speaker Sir, with regard to the Equalization Fund, Sen. Hargura asked how much money had been allocated to the Fund since the promulgation of the Constitution. The table has been provided in the Statement. The total entitlement for the six years is Kshs20 billion but Kshs12.4billion has been provided so far. s/no Financia l year

was the whole reason for elevating these schools.

Secondly, in Mandera County and the former North Eastern Province where we have serious shortage of teachers, what is the Ministry’s policy regarding the teacher- student ratio in these national schools? Is it the same story as it was in provincial schools or is there a minimum ratio that must be maintained at all times?

Mr. Temporary Speaker, Sir, I have two clarifications to seek from the Chairman. One, as said by Sen. Wetangula, some of the schools that were elevated were schools that communities, leaders and counties had worked hard to improve their facilities. Kapsabet Boys in my county is an example. People lost their livestock to build this school and then the national Government elevated them to national schools. Even some of the local arrangements where the leadership had invested in getting facilities to create a class or two for the locals ended up being eliminated.

In the last two financial years, we have seen the Ministry give finances to support infrastructure in schools. Now that these counties lost some of their best investments in terms of the provincial schools, is it possible for the national Government to create one or two of such schools and upgrade their facilities to match the status of those schools that we lost? This is to avoid a situation where needy children from those schools or counties are unable to get quality education from the schools that we lost.

Mr. Temporary Speaker, Sir, I will answer all the questions. The first one is about the amount of money given. I stated in the response that Kshs25 million was given to the new national schools and Kshs48 million to the old ones. That is the way the Government found it fit. We thank the Government for coming up with this policy because in previous years, we have not had this kind of development. There are schools in some counties which are given Kshs25 million to start off.

As I respond to Sen. Kagwe’s concern, this is a process of upgrading schools which does not start off within the first one year and stops. It continues. So, the Kshs25 million may be given this year; next year they might get Kshs20 million and the other year, they might get even Kshs30 million, going by what is called evaluation of schools, performance and the population demand of that area.

The other issue is upgrade in population. We have heard about Kakamega where population is high. It is important to appreciate the two schools which were not factored in have been considered, and more will be considered.

Mr. Chairperson, if I heard correctly, the question was; what was the rationale of allocating Kshs48 million to already very developed schools and allocating Kshs25 millions to less developed schools. If I may quote Sen. Kagwe, “the inverse should have been the practice.”

Mr. Temporary Speaker, Sir, the rationale is that even the established schools had not reached the threshold of the population optimum of the students. Some of these old schools – you can hold me right or responsible for the utterance – a school like The Alliance Boys High School had two or three streams. The three streams were not able to cope with demand of the pupils and the population in the neighbourhood and the country. So, for them to continue with the standards, of course, on infrastructure, they had to be given more so that they can add more classrooms, facilities,

establishing these funds at national schools.

Secondly, the people, according to what we heard from Sen. Wetangula, he said that money was given and then after evaluation, some money was found to have been stolen. That is the problem of the board of management. They are supposed to take stock of how much money they are given by the Government and make sure that the money is prudently used. If the money is stolen, that is not the fault of the Government but the board of management.

Facilities vary from one school to another. That is why you find that in some of these schools which are said to be in very populous areas, they might be having some constraints in facilities. That is why they are given that money. So, it is the hope of the Government of the day, that with time, they might capture maybe the third or fourth school as they come up with other criteria to include population as a factor.

As a result of that, more bright boys will join national schools irrespective of where they come from. That is why we are talking about national cohesion. You might find some people moving from Kakamega or Bungoma all the way to North Eastern Kenya. That is allowed in the national policy as it was before. Those in counties in the northern part of Kenya will also join Kakamega and other national schools countrywide. They will not necessarily join the counties of the origin of national schools in the counties. So, the population factor is equally important, going by Sen. Mutula Kilonzo Jnr.’s concern.

So, if there is no water, provide! Every time, schools should not turn to the Government to ask for funds. Some funds are devolved. The governors are supposed to spare some money and make known ---

What is it, Sen. Kagwe?

On a point of order, Mr. Temporary Speaker, Sir. The Chairperson on the Floor is not just the Chairperson of the Committee on Education, which I am a Member. He is also, as he well knows; a former headmaster of one of the schools involved in this thing. He is also a Senator and understands the Fourth Schedule of the Constitution. Secondary schools are not devolved functions. Secondary schools fall under the national Government. Is the Chairperson in order to speak so irrationally about a subject that is so clear? When he says that there is rationale in giving established schools more money, would I be in order to propose to the Chairperson to reconsider his answers very carefully, given his background and the actual situation on the ground? He is wavering from one end of the pendulum to the other. He is totally irrational in his inconsistent answers. What is it, Sen. Wetangula? The Senate Minority Leader (

On a point of order, Mr. Temporary Speaker, Sir. Please, prod the Chairperson to move away from that irrational position that he has taken. I thank the Senator for Nyeri for bringing this because it is very important. Could he also – I do not expect him to have this now – take time and bring to this House statistics of every school from the time they were elevated to now, the progression of performance, the population of students, number of teachers in each school and the cost of maintaining those schools?

Very well.

Let us not assume what is supposed to be. The Chairperson will answer that. Before the Chairperson answers, we can take another clarification from Sen. Wetangula.

The Senate Minority Leader (Sen. Wetangula) : Mr. Temporary Speaker, Sir, I know that my Chairman in the Committee on Finance, Commerce and Budget has strong views on this matter. I know that the Statement that he has read to this House is not in sync with his thinking.

Mr. Temporary Speaker, Sir, the question of expense is not a question of an opinion. Maybe that is where Sen. Kagwe is coming from. We cannot say, logically, that it makes sense when it does not when the criteria is not there. It is a technical question. It can only be answered by technical expertise.

If I listened to the Chairperson carefully, he said the established schools had more streams and the addition of students required establishment even of more facilities that required even more funding. That is his argument. However, you cannot casually make that kind of opinion which is yours. That is why another question, properly designed---

Mr. Temporary Speaker, Sir, but even then my additional question was; even the Kshs0 to Kshs18 million is a figure. It is a well calculated budget whether it is Kshs18, 25 or 48 million, there is a criterion. That criterion cannot be based on an opinion that is so general because a school in Mbooni is not the same as a school in Mwea.

Mr. Chairperson, what do you have to say about that? If you do not have that with you, just say so, then, I will decide what to do.

Mr. Temporary Speaker, Sir, that is what I am saying. I do not have the figures. As I said earlier, land, water, telephone and roads were part of the criteria used to identify the schools to be upgraded to national status.

On a point of information, Mr. Temporary Speaker, Sir. Who do you want to inform?

Mr. TemporarySpeaker, Sir, this is a very crucial and important aspect of the management of our educational system in this country, and towards cohesion for our nation.

So, I wantto inform the Chairperson that all secondary schools in the second category (B) moving from category A which is the 18 schools are suffering very seriously. You remember that one of the issues that the Chairperson raised very eloquently was that more money was going to be given to these schools. If the Chairperson would undertake, and I am a member of his Committee, so I can assist him

schools have been given at least an equivalent amount of money to the others and we fight for that. If he promises us that, we are prepared to support him as a House. I would like to inform him that we are prepared to help him.

This is a very emotive subject on matters of education. Just like the former question which raised that kind of emotion, I do not want to recap or remind you on the comments of the Speaker who was presiding. Elevation of schools to national level has its own emotional brackets that must be carefully considered, and this Senate demands some answers. However, I will not want the Chairperson to hide under our own Standing Orders that the lapse of this Session will save him. I, therefore, demand that tomorrow, you answer all the supplementary questions that have been raised. It is so ordered.

Mr. Temporary Speaker, Sir, as it has come out from the comments by the Chairperson and the other Members, the way these funds are being planned for is not in line with what it is supposed to happen. I agree with the Chairperson that he needs to summon the Cabinet Secretary for National Treasury. This will help these things to come out clearly and those people from marginalized areas can get these funds to do what Kenyans thought when they passed the Constitution.

Very well. I see a point of order by Sen. Mositet.

On a point of order, Mr. Temporary Speaker, Sir. Would I be in order to let my colleague, Sen, Karaba, know that the sewerage and treatment works in the whole country are done through water services boards mapped out in the whole country? These water services boards are directly under the Ministry of Water and Irrigation. For example, we have a very big sewerage project in Kiserian which just started last year under the supervision of the Athi Water Service Board and is also under the Ministry of Water and Irrigation.

Mr. Temporary Speaker Sir, I have received the answer and gone through it. I would like to seek some clarifications.

It is very clear on the issue of how much has been generated, how much has been budgeted and what is outstanding. We hope the Ksh7.68 billion will be forthcoming. On the identification of the projects, the answer states that it was done through National Government structures and MTEF Budget process which entails public participation. At no time, as a Senator from one of these counties, did I come across any invitation of this nature, whereby I was supposed to participate in a process of identifying these projects. I do not think any Senator from the 14 affected counties has been invited to this kind of a process.

These projects have been identified by the Members of the National Assembly which churned the funds which are supposed to benefit counties so as to bridge the gaps of marginalization. Could the Chairperson clearly state at what point this consultations were done because I am not aware? I do not think the identified projects were the priorities of my county.

For the last two days, there has been an advertisement that on 5th and 6th, there will be consultations to be held at the affected counties by Government officers headed by Principal Secretaries. What is the purpose of those consultations? Already, the Government has identified projects for us which are not our priority and they claim to do public consultation. Is that not a process of sanitization of what they have done wrong by being arm-twisted---

Let us not assume what is supposed to be. The Chairperson will answer that. Before the Chairperson answers, we can take another clarification from

Mr. Temporary Speaker, Sir, I know that my Chairman in the Committee on Finance, Commerce and Budget has strong views on this matter. I know that the Statement that he has read to this House is not in sync with his thinking.

I will not allow that. We would rather he makes that kind of statement.

On a point of order, Mr. Temporary Speaker, Sir. I request that you use Standing Order No.1 to allow Sen. Wetangula who seems to have responded to an urgent call which could well be a call of nature because all his documents are here. He just went behind the Speaker’s Chair. Kindly use your powers to allow him to speak when he comes back, probably, shortly.

It is an interesting request, indeed. Usually, it is the Speaker who can request for such. However, the way it has been eloquently put by Sen. (Dr.) Khalwale, I am thinking about it and will give my decision in a moment.

Mr. Temporary Speaker, Sir, the Equalization Fund was set up under Article 204 of the Constitution. This Senate engaged in the process of identifying 14 counties; the dispossessed of the dispossessed and the marginalized of the marginalized. They include Mandera, Wajir, Kitui, Tana River and Kilifi counties, where there is poverty beyond believe. We consulted with Commission on Revenue Allocation (CRA) and agreed.This is a clear case of indictment of the Houses of Parliament for allowing themselves to be captured by the Executive and the National Assembly hijacking the role of this Senate. What we have now is not an Equalization Fund as envisaged under the Constitution, because the National Assembly has sat and decided that every constituency will have a share of the Equalization Fund.Mr. Temporary Speaker, Sir, I hope that Members of the Senate will not pass the Bill at Order No.13 that tries to sanitize that irrational decision. We may have a pocket of poverty in Kiambu, but it is born out of greed and neglect; it is not because of historical injustices. We are addressing historical injustices. Could the Chairperson tell us whether the Committee that he chairs can recommend to the Senate to encourage the Speaker of this House to lead the Senate, like he has done before, to go to the Supreme Court to challenge the irrational decision in the manner in which the Equalization Fund is being managed? I have heard roadside pronouncements from the Executive in rallies that they will send Equalization Fund to do a particular project in a particular place. That is not the way to go. Could the Chairperson clarify?Very well. I will encourage shorter clarifications, so that the Chairperson can focus. What Sen. Wetangula has said is true, but he has said it with very many words.

Mr. Temporary Speaker, Sir, I am concerned that the national Government has published in the dailies what they call public participation on this. The Committee on Finance, Commerce and Budget has raised serious concerns about this Fund. One of the concerns is that 10 per cent of the money that the Chairperson has mentioned will go to administration. That is why they can splash headlines and spend Kshs1 million on advertisements, yet the Fund is supposed to be used for needy courses.

Is the Chairperson satisfied that the proposals that we made as a Committee to the Senate were not that important for purposes of ensuring that they came back or de- gazetted them? The proposals ensured that, one, county governments are involved, two, that the involvement of the respective counties and people who are affected were put in the board to ensure that this matter is not left to the national Government.

nature.

Sen. Wetangula, I had called on Order No.21 on the Order Paper. You had only taken five minutes of your 60 minutes. You, therefore, have 55 minutes to continue your seconding.

Sen. Wetangula, proceed!

Thank you, Mr. Temporary Speaker, Sir. It is unfortunate the Mover and proponent of this Bill is not here.

Mr. Temporary Speaker, Sir, I have already commented on this and that is why I said, my own county. In the Senate Standing Committee on Finance, Commerce and Budget, we have raised a number of issues on this Fund and the way it is being run. In fact, it is within our plan to get the National Treasury to come before the Committee and pursue some of the issues we have raised. What they are doing is not in line with the regulations.

Mr. Temporary Speaker, Sir, as it has come out from the comments by the Chairperson and the other Members, the way these funds are being planned for is not in line with what it is supposed to happen. I agree with the Chairperson that he needs to summon the Cabinet Secretary for National Treasury. This will help these things to come out clearly and those people from marginalized areas can get these funds to do what Kenyans thought when they passed the Constitution.

Very well. I see a point of order by Sen. Mositet.

Mr. Temporary Speaker, Sir, the purpose of the Equalization Fund was purely to bring those marginalized areas in our country at par with those that are perceived to be developed. Going by my own county, the poverty survey which was done

gone through Ngong, Kiserian, Ongata Rongai and Kitengela and thought that was Kajiado County whereas Kajiado County is about 26,000 square kilometers.

Mr. Temporary Speaker, Sir we have areas--- Order, Sen. Mositet! I gave you the opportunity to seek clarification not to debate the issue.

Mr. Temporary Speaker, Sir, we are talking about the National Treasury going to the perceived poor or marginalized counties, however, we still have quite a number of counties which are more marginalized than the ones the National Treasury and the Commission on Revenue Allocation (CRA) had identified as the most marginalized.

There is no way one can say that Narok County is more marginalized than Kajiado County and neither can one say that Narok is more marginalized than Makueni or Kitui counties. For that purpose, we need to review and map out the most marginalized areas in this country rather than going with the list given by the CRA.

When wananchi get tired, nothing will stop them. When we want to make a law for posterity, we should not look at the immediate gains.

After recess, I will go to the Committee to argue my case when the Bill goes there after this debate. I will do that because I believe that this is a good law coiled in mischief. People are already sharing national resources and there are those who are being given contracts to own geothermal power plants. How can an individual be called local content? It does not make sense. The Kenyan beneficiary and how they benefit must be rationalized, particularly the people in the counties.

You will remember the law on minerals that was moved by Sen. (Dr.) Zani. We said that a percentage will go to the community that has looked after this mineral even without knowing that it was there because they were the custodians of that land. A certain percentage will go to the county government while another percentage will go to the national government because they must have revenue for running their affairs. The investor will then get the rest.

Mr. Temporary Speaker, Sir, Moscow has the highest concentration of dollar billionaires than anywhere else in the world. This is because when communism collapsed, they passed a law like this where every public servant became a local content. President Mikhail Gorbachev and his friends would sit at dinner and share public facilities. They would say we chukua hiyo na wewe chukua hii. All those oligarchs buying teams like Roman Abramovich, the owner of Chelsea, is worth a trillion dollars yet there is no evidence that he has ever worked anywhere. He was just a friend of President Mikhail Gorbachev. We should not create that in this country. We should not have a situation where people just sit in offices and leave every evening carrying a briefcase full of money yet they have done nothing. That is how inflation is fuelled.

I saw a social media clip where the President, his Deputy, and two other people donated Kshs80 million in cash to a church in one afternoon. Those are the local content. We should not do that to our country. The law we are passing today is the law that will stop the Deputy President, William Ruto, and all his crooks who have found their way in the public office from stealing. Somebody once said that we do not have governors who are thieves; instead, we have thieves who have found their way into the governor’s office. They are already taking the country as this law is being discussed here. As the Senator for Kajiado, you will be shouting from the periphery yet you know the real oligarchs who are raping your county.

I want this Committee to be changed into a public corporation which must represent all shades of interest with little limited control by the Executive. That is the only way. We have public commissions such as the Ethics and Anti-Corruption Commission (EACC) which enjoy independence yet it is not in the Constitution. The people who run it are not doing a good job but they have enormous powers and independence.

Mr. Temporary Speaker, Sir, Clause 7 states that the Committee will be set while Clause 8 states that the Committee will ensure measurable and continuous growth in the development and adoption of local content with respect to all activities in extractive industry. Again, poorly managed, a law like this can wreak havoc to the economy. In Zimbabwe, the octogenarian President, Robert Mugabe, decreed that no foreigner can form or register a company in Zimbabwe without a local owning 51 per cent. He then

Mr. Temporary Speaker, Sir, I want to inform the Chair. The Speaker does not want to be informed by you at all.

Mr. Temporary Speaker, Sir, it is on the same matter. You could use the point of order and figure out how to put your information.

On a point of order, Mr. Temporary Speaker, Sir. Would I be in order to let my colleague, Sen, Karaba, know that the sewerage and treatment works in the whole country are done through water services boards mapped out in the whole country? These water services boards are directly under the Ministry of Water and Irrigation. For example, we have a very big sewerage project in Kiserian which just started last year under the supervision of the Athi Water Service Board and is also under the Ministry of Water and Irrigation.

Murkomen! Now, they are the ones saying---

Order, Sen. (Dr.) Khalwale!

It is an interesting request, indeed. Usually, it is the Speaker who can request for such. However, the way it has been eloquently put by Sen. (Dr.) Khalwale, I am thinking about it and will give my decision in a moment.

represent counties, and I keep on coming to your county because it is the nearest and most disposed county. If we do not have a good law to protect resources in your county and the biggest resources land, in another 20 or even 10 years, there will be nothing for you. So, this is very important.

Mr. Temporary Speaker, Sir, Clause 14(1) says:- “The office of a member of the committee appointed under section 10(1)(f) shall become vacant if a member –

nature.

Sen. Wetangula, I had called on Order No.21 on the Order Paper. You had only taken five minutes of your 60 minutes. You, therefore, have 55 minutes to continue your seconding.

Sen. Wetangula, proceed!

Sen.Hargura.

On a point of order, Mr. Temporary Speaker, Sir. I want to apologise to my party leader for interrupting him, but I just want the record to be straight. Did you hear my party leader say that you are not old enough to know about the history of county councils in this country? Given that county governments ended only four years ago, could he be imputing improper motive on the Speaker?

Order, Sen. (Dr.) Khalwale.

For the record, in fact, what you are saying is quite correct. Somebody like the late (Prof.) Saitoti benefited out of that for him to go to America.

Mr. Temporary Speaker, Sir, my own father is now 87 years old. He went through school on county council bursaries up to Massachusetts State University in the US to get a degree in those early years which was fully paid. I am saying where to place local interest, local content because looking here, there is a real danger in this Bill, the devil is in the detail. If you look at this Bill, we are trying to create oligarchs because what Sen. Moi is trying to do, even as the idea is good, the rich are salivating for oil and minerals.

There is no way a Masaai man from Kajiado will have an opportunity to participate in extractive industry. It is the rich who are going to get richer and keep the poor poorer. So this so called local content must be defined very clearly. You will see as I develop my submissions why the devil is in the details. Those good old days, in 1959, the County Council of Elgon Nyanza, the successor entitled to Bungoma, Sen. (Dr.) Khalwale can tell you, led money to her Majesty’s Government in England from local management of resources.

Today, as we went into devolution, greed had entered all county councils and everybody fought to become a councillor for only one singular agenda – to steal public land, get contracts and money directly. By the time we went to devolution, even the outfit that we put in place called Transition Authority (TA), they stole even more. They stole assets, public land, public houses and they did all manner of things. Then they handed over the button to governors who are stealing even more. So, we have a serious problem of probity in this country and we really need as we pass any law, Waswahili husema: “Aliyeumwa na nyoka akiona ung’ong’o hushtuka.” We have been roughed to the extent where we live under permanent fear of watching each other, in law, we ask “who will watch the watchers?” You send a watchman and you have to send another watchman to watch the watchman whether he is going to steal or not and you have to send a third person to watch the man watching the watchman to see whether they will join together to steal public property.

That is why when you look at this Bill - I hope our good clerks will pass the HANSARD to Sen. Moi - first of all, the establishment of a Local Content Development Committee is a good idea. However, I wish that we are setting up a public corporation and not a committee. This Committee, as we go through the Bill is going to be a department of government; a department controlled 90 per cent literally by the Ministry concerned.

If you look at the history of this country, all these tycoons you see in central Kenya, the likes of Kiereini, the late Michuki, the late Philip Ndegwa and others, all of them were public servants. They were recruited from school without a second suit, walked into offices and worked for themselves instead of working for the country. They are owners of property in this town, county and everywhere. They have all been public servants who spent their time working for themselves and not for the public.

So, when you talk of local content, I would want to see that if the minerals in Kajiado – and we provide for local content as we were providing – the stakeholder for that local content is the County Government of Kajiado. Your governor today may not be good, but I know your governor is not a bad person. That when the bad one leaves, there will be a good one. Nothing lasts forever. All the current thieves will go either through natural attrition, some will go to jail midstream or they will be invaded and

When wananchi get tired, nothing will stop them. When we want to make a law for posterity, we should not look at the immediate gains.

After recess, I will go to the Committee to argue my case when the Bill goes there after this debate. I will do that because I believe that this is a good law coiled in mischief. People are already sharing national resources and there are those who are being given contracts to own geothermal power plants. How can an individual be called local content? It does not make sense. The Kenyan beneficiary and how they benefit must be rationalized, particularly the people in the counties.

You will remember the law on minerals that was moved by Sen. (Dr.) Zani. We said that a percentage will go to the community that has looked after this mineral even without knowing that it was there because they were the custodians of that land. A certain percentage will go to the county government while another percentage will go to the national government because they must have revenue for running their affairs. The investor will then get the rest.

Mr. Temporary Speaker, Sir, Moscow has the highest concentration of dollar billionaires than anywhere else in the world. This is because when communism collapsed, they passed a law like this where every public servant became a local content. President Mikhail Gorbachev and his friends would sit at dinner and share public facilities. They would say we chukua hiyo na wewe chukua hii. All those oligarchs buying teams like Roman Abramovich, the owner of Chelsea, is worth a trillion dollars yet there is no evidence that he has ever worked anywhere. He was just a friend of President Mikhail Gorbachev. We should not create that in this country. We should not have a situation where people just sit in offices and leave every evening carrying a briefcase full of money yet they have done nothing. That is how inflation is fuelled.

I saw a social media clip where the President, his Deputy, and two other people donated Kshs80 million in cash to a church in one afternoon. Those are the local content. We should not do that to our country. The law we are passing today is the law that will stop the Deputy President, William Ruto, and all his crooks who have found their way in the public office from stealing. Somebody once said that we do not have governors who are thieves; instead, we have thieves who have found their way into the governor’s office. They are already taking the country as this law is being discussed here. As the Senator for Kajiado, you will be shouting from the periphery yet you know the real oligarchs who are raping your county.

I want this Committee to be changed into a public corporation which must represent all shades of interest with little limited control by the Executive. That is the only way. We have public commissions such as the Ethics and Anti-Corruption Commission (EACC) which enjoy independence yet it is not in the Constitution. The people who run it are not doing a good job but they have enormous powers and independence.

Mr. Temporary Speaker, Sir, Clause 7 states that the Committee will be set while Clause 8 states that the Committee will ensure measurable and continuous growth in the development and adoption of local content with respect to all activities in extractive industry. Again, poorly managed, a law like this can wreak havoc to the economy. In Zimbabwe, the octogenarian President, Robert Mugabe, decreed that no foreigner can form or register a company in Zimbabwe without a local owning 51 per cent. He then

bodyguards to come and own 51 percent of your mine without putting in anything.

This can be very counterproductive. That is why the State is the custodian of public good in a free market economy, developed and growing state like Kenya. You cannot divorce the interest of the State and supplant it with the interest of individuals. We have a history that everybody is afraid of. It is a history that we must learn from. The idea of patriotism and the citizens participating in the economy is very attractive and I support it fully. I want to see Kenyans being innovative, productive and rich but not kupitia kwa njia ya mkato.

I was amused the other day, when I saw the Deputy President describe himself as a hustler on television. I looked for the definition of a hustler in the Oxford English Dictionary. It says that a hustler is a swindler, a pimp and a thief. This is not me, it is the Oxford English Dictionary that says so. We have a Deputy President who is a confessed hustler.

Sen. Wetangula, just stick to the debate on the Local Content Bill. Do not personalize some of these matters.

Mr. Temporary Speaker, Sir, I want to encourage you to google on your phone and read the definition of a hustler. I did not call him a hustler. He is the one who calls himself a hustler. We shall soon start using the alternatives of a hustler as defined in the Oxford English Dictionary.

Clause 9 states that the committee shall, within a period of six months from the date of its constitution, develop and keep a regular review, a comprehensive register of all equipment and service categories required to effectively supply the needs of the extractive industry. It also states that the committee shall assess the capacity of the local industry to supply the goods and services.

Again, we should not be too intrusive in private enterprise. If somebody buys a gypsum mine in Kajiado County, it is on the white hill, on your left as you go to Namanga, and invests his equipment, he is a private investor. This is because he has invested to make profit or losses. The state has no business to go and take an inventory of his equipment. There is nobody who is foolish enough who could borrow money internationally to come and to invest just to make a loss. Knowing Kenya, we could probably take an inventory and insist that we should be the suppliers of spare parts to private enterprises. We should not be so intrusive into private enterprises, so that we let them grow.

The membership of the committee is where the devil is. The chairperson shall be appointed by the Cabinet Secretary in accordance with subsection (2) . If the chairperson is appointed by the Cabinet Secretary, we should have that person nominated by Cabinet Secretary vetted by Parliament, meaning, both Houses, like in the case of the Inspector General of Police. Such a person can be subsequently appointed chairperson by the Cabinet Secretary. Otherwise, people will appoint their relatives. I am sure you know that the brother of hon. Adan Duale is a Principal Secretary in this Government and the brother of so-and-so is serving in another position; they have shared the country unashamedly. Unqualified people are now sitting in places of qualification because they have their brothers in Parliament.

You are implying that I know that hon. Adan Duale has a brother who is a Principal Secretary. I do not know that.

Mr. Temporary Speaker, Sir, since you are not a central player in the Jubilee Government, you are unlikely to know that.

Turkana County? In fact, I told my brother, Sen. Munyes, that it does not help the people of Turkana when they block roads and claim that the locals are not employed to clean at the oil rig yard. They should ask: What is the stake of Turkana in this oil well, so that when the oil is extracted, it will send the Turkana children to school and will give Turkana women water. In most cases, you would see a Turkana woman with a child on the back, a Kalashnikov on the shoulder and a hundred cows ahead of her. We must liberate our people from this abject poverty, suffering and risks. That is my idea of local content and participation.

I have seen it work so well in many countries. I was in China two weeks ago and met some entrepreneurs, who are minors, in a public function. They told me that they invested in mining in Africa, Asia and South America, but the government obligated them to cede 39 per cent of their stake to the state for the interest and benefit of the people of China. They access loans to start their business, sit on boards and the money goes to help the people of China. That is how we can grow and emerge as an economic superpower in this region. Like G.M. Kariuki once said, this is a country with ten millionaires, now billionaires - even hustlers are billionaires - and many poor people.

Mr. Temporary Speaker, Sir, I know your county well. If you go to the villages in Kajiado County, I can swear on the Bible that your people are poorer today than they were 10 years ago. This is true of everywhere else. My father inherited 21 acres of land from his father. He has two wives; my mother and another mother, with 30 children. With 30 children, how do you share 21 acres? He is now poorer than he was in 1960 because we have not implemented policies properly.

We have emphasized the importance of owning land and living on it without the importance of production. Sen. (Dr.) Khalwale can tell you that we have boys in the villages who kill their parents for not giving them half-an-acre of land. As soon as they are given the land, they sell it, go to the market, drink and finish everything. They then go back and say: “I was born here; where do you want me to go?”

easily by floating a company and putting it in the Stock Exchange and allow Kenyans to buy in shares. A Mama Mboga can buy shares with her Kshs5,000. At the end of the year, she gets another Kshs5,000. That is 100 per cent return per annum. If she put that money in a bank, they will give her an interest of 6 or 5 per cent. Kijana wa jua kali will put there his Kshs10,000 and get a dividend of Kshs 10,000, at the end of the year. That is how to grow the economy. I hope that this Senate, as a custodian of counties, will do this.

Mr. Temporary Speaker, Sir, regarding meeting the requirements of Chapter 6 of the Constitution, I said a person is not qualified for appointment as a member of the committee under Section 10, if he has violated Chapter 6 of the Constitution. That is all right. If he is bankrupt and has not been adjudged, that is fine. If you look at (c), this is where I always never agree. It says:-

“Has been convicted of an offence and sentenced to imprisonment for a term of more than six months.”

This blanket statement always gets me wondering. Supposing today as you drive home, a reckless driver coming from the other side collides with you. As usual, the police come and the man you collided with is richer than you and he bribes them. The police grab you and take you to court and you were just driving home. In court, the rich man who made the police charge the innocent still follows you because you have to be convicted for him to get insurance payment. He pays a magistrate who convicts and sends you to jail for 10 months. Raia! Does that in itself exclude you from holding public office? I do not think so.

We should qualify that persons convicted of fraud and offences of dishonesty are the ones who should not sit on public boards. For example, if you legitimately quarrel with your neighbour on a boundary where your neighbour moves your boundary and you ask him not to so. He continues to do so and insults you on top of that and you quarrel, he then uses his might, takes you to court and you are jailed. How does that preclude you from sitting in a public corporation? So, we must qualify this. This is because if we just blanketly say that if you have been jailed for six months, you cannot serve anywhere, then what is the purpose of us calling our prisons correctional services?

We take people to prison to rehabilitate, correct and bring them back to be good people. In fact, I can tell you that if there had been no conviction, we know many fraudsters who have found their way in this Parliament. Some are even continuing, in fact, in the past, present, future and future continuous. You heard one of us here whose name I will not mention, busy every time we mentioned Ms. Ann Waiguru. They would jump in her defense as if they were being electrocuted. Now, they are the ones who are saying: “Ms. Waiguru is targeting me because I am close to so and so.”

Murkomen! Now, they are the ones saying---

Order, Sen. (Dr.) Khalwale!

represent counties, and I keep on coming to your county because it is the nearest and most disposed county. If we do not have a good law to protect resources in your county and the biggest resources land, in another 20 or even 10 years, there will be nothing for you. So, this is very important.

Mr. Temporary Speaker, Sir, Clause 14(1) says:- “The office of a member of the committee appointed under section 10(1)(f) shall become vacant if a member –

prescribed form.”

This, like I said, will only make sense if counties and the National Government are going to protect public interest and not individuals.

There are many other thingsin this Bill that we can talk about. I will avail myself at the Committee when they sit and discuss with Sen. Moi. I promise to give my memorandum in writing on all issues I have talked about. I encourage the clerks at the table to extract the HANSARD and give it to him so that he can be able to see this,because anything less, we are simply perpetuating Kenyattaism, Moism, Rutoism, hustlers, name it.

Sen.Hargura will not have any money to go and buy wind power in his own county, but these fellows will turn up and be the local content. I support this Bill to the extent that the idea is good, and I will come with issues that I hope the House will concur with me.

Sen.Hargura.

On a point of order, Mr. Temporary Speaker, Sir. What is it, Sen. (Dr.) Khalwale?

Mr.Temporary Speaker, Sir, it is African culture that a parent taps the shoulder of a good child. Could you use Standing Order No.1 to congratulate the Coalition for Reforms and Democracy (CORD) for keeping the Senate going since 4.00 o’clock? Mr. Temporary Speaker, Sir, it is only fair. Sen. (Dr.) Khalwale, when the Senate Minority Leader is given one hour, he should utilize it all. He fell short by five minutes. However, all in all, he did very well and I think the better part is the one where he has said that he will put up a memorandum in writing. Otherwise, congratulations and you have always done well. The Senate Minority Leader (

Thank you, Mr. TemporarySpeaker, Sir.

Mr. TemporarySpeaker, Sir, I would like to thank Sen. Moi for coming up with this Bill since it legislates on an issue which we have been grappling with, we who come from counties which are once in a while visited by these investors.

In my county, we have had three oil explorations, the first one being in 1988/89 by an American oil company, Amoco, then we had Tullow Oil and Africa Oil and we now have other multinationals engaging in use of our resources like the wind and we expect solar and all that in the future.

We have been struggling as locals on how to get our local content from these mega projects but there was no legislation on how we could go about that.

I can remember the case of Africa Oil, where it took the communities to block the roads and demonstrate for them to come and listen to the communities so that they could develop this kind of an agreement on what the community could supply. If there was this kind of legislation, then this would not have happened because as the Bill indicates, the company would have even submitted to the local content development committee what their local content will be before they go out and do the actual extraction.

creation of employment opportunities in the extractive industries value chain through use of local expertise, goods, services, business, financing and their retention in the country.

We have had several cases where these multinationals will come and they will not want the locals to supply goods and services but they will just get it from where they want and there will be nothing which will be forcing them to consider the locals in that.

So, this is a good Bill. If it becomes law, we who come from these areas which are frequently visited by multinationals who do not usually have regard for the locals, will have something to hold against them. This is a good idea because the Bill also provides a framework of making sure that the local content is monitored since a company or individual submits what the local content will be in their project. Once approved, there will be a way of monitoring whether they are actually doing that.

In most cases, the locals may be said not to have the capacity, but I think it is a requirement that when you have an extraction of any resource in your area, the extractor should also be required to develop the capacity of the locals. For example, in the case of Turkana where we have oil exploration which is a new venture, the locals must be developed in that industry by being taken for training so that with time, we replace the expatriates so that the skill is retained within the locals. They should have their capacity building in terms of provision of goods and services. Once they are given that opportunity of doing business they will still grow and may be even once the project stops the capacity will be there and business will have developed in that area terms of service provision.

This is a good way to go because this is what we have been fighting for with these companies. I noted that there is a tendency by the sponsor of this Bill to limit this local content to gas oil and mineral resources. There are many other resources which are being exploited. For example, there is wind, green energy and solar which are all found within communities and community lands. There must be some way for those communities to benefit in terms of input of this local content by being given skilled and unskilled jobs. That must be very clear.

What they can provide in terms of goods and services for that must be a requirement and not a favour as it is now where you have to negotiate. It must be a requirement in law that even these other resources like wind and solar need to be incorporated in this local content law once the Bill goes through. How do the communities benefit when the resources are harnessed and the power being taken somewhere else; to the national grid, since they often cannot consume it? When the project is being undertaken, they should be fully involved in provision of services where they can.

When a project is allocated, the people should be involved in the provisions of services where they can. Right now, there is no structure, local content law or development committee. More often than not, people would approach a politician who will determine who gets employed including the casual labourer. This is what we have been experiencing with the projects that require manpower. They have become someone’s way of campaigning. For people to be employed or have their equipment hired, they have to go through the local politicians. If we had a legalized structure, people would not have to go through that because politicians would be bound by law to be fair

committee will ensure that there is monitoring, so that goods and services are provided in an orderly manner and the locals will have equal rights to access opportunities.

Some projects involve skills which were not within our education system before. For example, petroleum, wind and solar industries are new in the country. It should be the responsibility of the extractor to develop capacity of the community by training students in those fields, so that they can take over the running of those projects or develop community-based projects based on the acquired skill. We need to pass a legislation on this. We should not leave our people at the whims of foreigners who in most cases do not have any goodwill.

We have seen cases where foreigners come, go round our systems and grab our land. When they are asked about it, they say that the indigenous people do not have legal rights; they only have grazing rights. They will even define who an indigenous person is and the rights they have in their ancestral land. We cannot rely on the goodwill of such kind of people. They are pure capitalist who are only interested in the money. If we have this kind of law, we will safeguard the rights of our people. Much as we encourage extraction or exploitation of our resources for the development in our country, it must not be at the infringement of the rights of our people, their land or opportunities. In most cases, these extractions take place in marginalized areas. However, outsiders think that any Kenya can provide the local content and the marginalised end up being further marginalized.

We talk about the Equalization Fund because we have accepted that we have marginalized parts of our country. We should have checks and balances in this system to ensure that the first local content is from the immediate community, so that they do not continue to be marginalized. More often than not, multinationals come through the relevant Government departments stationed in Nairobi where the jobs will be shared.Therefore, the local people will not be represented because any other Kenyan can provide the local content. There must be a way to give priority to the immediate community, the county and the rest of the Kenyans so that the local people benefit first.

Mr. Temporary Speaker, Sir, what Sen. Wetangula raised in terms of the administration needs to be taken into account because it is where we normally lose most of these legislations. We legislate and at the end of the day, a lot of bureaucracy is introduced and the locals are technically locked out using the law. We need to look at the kind of administrative structure that we will put in this law, so that the locals are not technically locked out by giving powers to the Executive to decide everything in Nairobi. This will prevent people to come to the ground cleared and with approved local content plans.

Mr. Temporary Speaker, Sir, I would like to end by thanking the Mover of this Bill. I hope that the necessary concerns will be taken into account to widen the bracket in terms of the extractives, other resources and the administrations. I also hope that this will go a long way to make sure that our resources are not just exploited and we are left with nothing to show for them.

We have to learn from history. Nigeria is the largest oil producer in Africa, but the communities which are found in areas where that oil is found live in worse conditions compared to those in other parts of the country. Most of them are busy fighting. We do

so that our people do not end up that way.

I beg to support. Mr. Temporary Speaker, Sir, pursuant to Standing Order No. 54 (3) I would like to request that you defer the putting the question on this Bill.

I will defer putting the question.

It is now 6.30 p.m., the time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Thursday, 1st December, 2016, at 2.30 p.m.

The Senate rose at 6.30 p.m.