Thursday, 17th February, 2022

The Majority Leader, Sen. Poghisio, you may have the Floor.

The Majority Leader (Sen. Poghisio) : Thank you, Madam Temporary Speaker; I beg to lay the following Papers on the Table of the Senate today, 17th February, 2022-

Report of the Auditor General on the financial statement of County Assembly of Narok for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Executive of Kiambu for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Assembly of Kiambu for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of Kiambu County Emergency Fund for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Executive of Bomet for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Assembly of Bomet for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Executive of Nairobi for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of Kajiado County Education Bursary Fund for the year ended 30th June, 2019.

Report of the Auditor General on the financial statement of Laikipia County Bursary Fund for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of Laikipia County Enterprise Fund for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of Laikipia County Co- operative Fund for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of Vihiga County Executive Car Loan and Mortgage Scheme Fund for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Executive of Vihiga for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Assembly of Vihiga for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Executive of Meru for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Assembly of Meru for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Executive of Lamu for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Assembly of Lamu for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Executive of Makueni for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Assembly of Makueni for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Executive of Kitui for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Assembly of Kitui for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Executive of Machakos for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Assembly of Machakos for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Executive of Mandera for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Assembly of Mandera for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Executive of Marsabit for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Executive of Bungoma for the year ended 30th June, 2020.

Report of the Auditor General on the financial statement of County Assembly of Bungoma for the year ended 30th June, 2020.

Thank you.

Next Order.

Next Order.

Madam Temporary Speaker, as we celebrate the World Radio Day, I call upon the national and county governments to support community radio stations. I urge radio stations to be keen and vigilant in disseminating non-discriminative messages of national interest and value, love, and peace as the country gears for the electioneering period.

Media is the gatekeeper and should always endeavor to disseminate uniting messages. It is the center that holds the society in information dissemination.

Happy belated World Radio Day to everyone!

Madam Temporary Speaker, as we celebrate the World Radio Day, I call upon the national and county governments to support community radio stations. I urge radio stations to be keen and vigilant in disseminating non-discriminative messages of national interest and value, love, and peace as the country gears for the electioneering period.

Media is the gatekeeper and should always endeavor to disseminate uniting messages. It is the center that holds the society in information dissemination.

Happy belated World Radio Day to everyone!

I will allow a few comments. Proceed Sen. Kassanga.

One issue I will speak to even in my Statement today is the fact that we are not using means such as radio to advance the course of giving information on issues like mental health. Mental health has become a serious issue. There is the feeling that we are not doing enough as a nation in creating awareness and fighting stigma by telling Kenyans where they can get access. Radio is a means and a tool that is easily accessible and less costly for Government to use send out this information the same they would use it for issues of voting, et cetera.

The same avenue can be used to create the required awareness to help tackle the rising mental health issues. The same avenue was used to fight HIV/AIDS in the 1980s and 1990s. A government can use these mechanisms. Thank you, again Sen. (Dr.) Musuruve for that Statement.

As I wind up, let us call for responsible journalism in the radio industry. In this election period, let us not use radio in any negative way that will affect the lives of citizens. Let us all be conscious of that. As we go out to send our messages as leaders, let us not use radio in any negative way.

One issue I will speak to even in my Statement today is the fact that we are not using means such as radio to advance the course of giving information on issues like mental health. Mental health has become a serious issue. There is the feeling that we are not doing enough as a nation in creating awareness and fighting stigma by telling Kenyans where they can get access. Radio is a means and a tool that is easily accessible and less costly for Government to use send out this information the same they would use it for issues of voting, et cetera.

The same avenue can be used to create the required awareness to help tackle the rising mental health issues. The same avenue was used to fight HIV/AIDS in the 1980s and 1990s. A government can use these mechanisms. Thank you, again Sen. (Dr.) Musuruve for that Statement.

As I wind up, let us call for responsible journalism in the radio industry. In this election period, let us not use radio in any negative way that will affect the lives of citizens. Let us all be conscious of that. As we go out to send our messages as leaders, let us not use radio in any negative way.

Just a reminder, let us make short comments only.

Proceed, Senate Majority Leader.

Madam Temporary Speaker, I would like to congratulate Sen. (Dr.) Musuruve for reminding us about the World Radio Day and Sen. Kasanga for speaking for all of us all the time.

It is fortunate that the World Radio Day was pronounced in 2012 when I was the Cabinet Secretary for Information, Communication and Technology. In 2011, the UNESCO set aside 13th February as the World Radio Day. Much as the Statement comes four days later, it is important for us to remember that radio has come a long way.

During our time, we did not have access to radio. Radios were found in very few homes. Those were probably well-to-do homes. Today, radios are everywhere, including in the devices we hold in our hands. Since then, we have had shortwave (SW) radio frequencies to what we now call Frequency Modulation (FM) radio stations, which are very popular and have allowed every community to have a radio station. Sen. Kasanga was right that every community now has a vernacular radio station.

I would like to use this opportunity to join the international community in recognizing radio. This year’s theme is “Radio and Trust”. The theme is very important, especially for us because we will have elections this year. Electioneering period is a moment for all of us to be cautious not to allow radio to be used and misused. I call upon the Media Council of Kenya (MCK) and all those responsible to keep an eye especially on vernacular radio stations because they can be used and misused.

Madam Temporary Speaker, let me take this opportunity to thank and wish all people a happy World Radio Day. I think it should be a season because the day passed.

I thank you.

Sen. Sakaja, proceed.

because radio is the most effective way through which we get to our people and listen to them too.

In some of our counties that are extremely expansive in terms of population, for instance, Nairobi City County, which has 4.9 million people and 2.9 million voters, the only way you can get to them is through radio. You cannot do enough roadshows on trucks or meet them in town halls. You need radio. I really acknowledge the role they play, not just in terms of information, but also entertainment. That is the only point I want to make.

As of today, media houses owe our musicians Kshs0.5 billion in unpaid royalties. The creative sector is a serious economic frontier. We have many young people who take time in studios because of the talent they have. They produce songs, which rotate and there is a rate card. But for the past two or three years, media houses have not been paying them royalties.

Madam Temporary Speaker, this is something we must talk about. That is all that musicians depend on; the work of their hands. Media houses are quick to get money for advertising from their sponsors but they do not relay it back to the artists. I support the media completely, but there are certain things that we must talk about.

If you look at many of our journalists today in radio and television stations and the people out here in our media centre, many of them were put on half pay and it has not gone back despite the pandemic easing. The only thing I would urge our media houses and the Communications Authority of Kenya (CAK) is to find a way of breaking down the money, even if it is in different instalments, so that we can spur the economy.

For a song to be produced, a producer, an artist, a sound technician, an engineer and many other people are involved and their families depend on that one song. Even as we enjoy it, let us remember that artists require something to reflect.

In many countries, the creative sector is the biggest employer. In Nigeria, the second highest employer is Nollywood after agriculture. This is because the Government has invested in the creative sector. In Bollywood in India, they have also invested.

I urge our media houses that we should have 60 per cent local content on our radio and television stations. I know this was a pledge by the Jubilee Party when it was still The National Alliance (TNA). I hope those who are running for presidency will remember. Let us not just use our artists as tokens.

Our radio stations must play Kenyan music. In fact, in Nigeria, for them to create that huge economy in the creative industry, during the watershed period, which is between 7.00 a.m. and 9.00 p.m., the local content quarter is 90 per cent.

When they began, people were wondering where they would get the music and shows from. It spurred people to go and produce music and act. Right now they are exporting--- The richest people you can find there, apart from the oil barons, are musicians and actors. We can do the same in this country.

Let it not be because it is easier not to pay royalties for foreign music and that is why the moment you wake up, what you hear is music from the USA or Nigeria. When you switch on your television, you watch Alejandro or Mexican soap operas, yet our young people are just idle. Right now when you go to the Kenya National Theatre

(KNT), you will find many of them there with guitars. That is why many of them are getting into drugs.

I am a supporter of media and media freedom. Even as we applaud radio, let us see how to partner and balance in terms of how they make sure that our artistes and the creative sector and economy get the value for the work they are doing.

Madam Temporary Speaker, I want to wish everyone in that sector a happy World Radio Day.

I thank you.

(KNT), you will find many of them there with guitars. That is why many of them are getting into drugs.

I am a supporter of media and media freedom. Even as we applaud radio, let us see how to partner and balance in terms of how they make sure that our artistes and the creative sector and economy get the value for the work they are doing.

Madam Temporary Speaker, I want to wish everyone in that sector a happy World Radio Day.

I thank you.

Sen. Faki, proceed.

Talanta hii iko katika kila jamii na hivi sasa tumeona kwamba kuna redio nyingi za kitamaduni ama vernacular radios ambazo zinachukuwa fursa kubwa ya kuweza kuelimisha jamii katika maeneo yake. Lakini ningependa kuonya kwamba hizi redio za kitamaduni zisitumike kuchochea wananchi hususan wakati huu wa sasa ambao tunakwenda katika kura. Kwa sababu hiyo itavunja umoja wa nchi ambao sisi sote tunapigania tuwe na Kenya moja, tuwe watu wamoja ili sote tuweze kusonga mbele kimaendeleo. Kuliko kukigawanya nchi kikabila, sisi tuko kabila fulani, sehemu fulani, kwa hivyo sehemu hii haturuhusu mtu mwingine wa kabila nyingine kuja kusimama katika eneo letu na mambo kama hayo.

Kwa hivyo, tupate fursa kwamba ile Media Council iwe macho hususan wakati huu wa sasa ambapo tunakwenda kwenye kura, kuhakikisha ya kwamba hizi redio za kienyeji hazitumiki vibaya katika mchakato wa kura.

Asante Bi Spika wa Muda, kwa kunipa fursa hii.

Talanta hii iko katika kila jamii na hivi sasa tumeona kwamba kuna redio nyingi za kitamaduni ama vernacular radios ambazo zinachukuwa fursa kubwa ya kuweza kuelimisha jamii katika maeneo yake. Lakini ningependa kuonya kwamba hizi redio za kitamaduni zisitumike kuchochea wananchi hususan wakati huu wa sasa ambao tunakwenda katika kura. Kwa sababu hiyo itavunja umoja wa nchi ambao sisi sote tunapigania tuwe na Kenya moja, tuwe watu wamoja ili sote tuweze kusonga mbele kimaendeleo. Kuliko kukigawanya nchi kikabila, sisi tuko kabila fulani, sehemu fulani, kwa hivyo sehemu hii haturuhusu mtu mwingine wa kabila nyingine kuja kusimama katika eneo letu na mambo kama hayo.

Kwa hivyo, tupate fursa kwamba ile Media Council iwe macho hususan wakati huu wa sasa ambapo tunakwenda kwenye kura, kuhakikisha ya kwamba hizi redio za kienyeji hazitumiki vibaya katika mchakato wa kura.

Asante Bi Spika wa Muda, kwa kunipa fursa hii.

Thank you, Madam Temporary Speaker, for giving me this opportunity to support the Statement raised by Sen. (Dr.) Musuruve on the World Radio Day. It is good that she has reminded some of us. I am in the category of people who did not know that today is World Radio Day. It is good to bring such a Statement to this House in honor of us celebrating the World Radio Day.

Senator, World Radio Day is not today. Her Statement just came in a bit late. The world radio day was on 13th February.

Thank you, Madam Temporary Speaker, for this opportunity. Media freedom has come a long way. Part of the well-celebrated 2010 Constitution is media freedom that is enshrined under Articles 34 and 35 of the Constitution of Kenya.

Radio plays a critical role and now they have gone online. It is digital; you can listen in. I agree it has more coverage than individuals. All of us in the political arena appreciate the fact that radio is a more useful tool because it can be used to disseminate information.

Therefore, I want to thank and appreciate Sen. (Dr.) Musuruve. Yesterday, I was reading an article called ‘The Whispers’ by this famous journalist who died in 2003 called Wahome Mutahi. Way back in late 1980s, he was arrested by the then Government because it was against media freedom. He used to use satire to critique the Government of the day and pass the message to the people.

Media by and large is very critical, more so the radio. The radio stations that we have nowadays have a lot of media freedom. We have vernacular stations. I do not know whether it will increase issues of tribal aspirations. Nowadays we have Ghetto Radio station that speaks street language. We have the mainstream radio stations that have always been there.

As we approach the general elections, we request that Commission Authority of Kenya (CAK) to be on the lookout to ensure nobody uses radio to spread hate or incite Kenyans against each other. Radio stations should play a critical role by ensuring that they call out Kenyans to vote and participate in their civic duty and also to remain peaceful.

Secondly is on the aspect of our artists. About 60 or 70 per cent of the radio programs we have depend largely on the music. I agree with my brother when he said that at least 60 per cent should be local content. When you switch on the radio or watch television, you either have to listen to foreign music or watch foreign Mexican soap operas or Nigerian movies but there is no local content. The only way to create opportunities and ensure young people are engaged, is by coming up with 60 per cent local content.

I know that media practitioners be it in radio stations, television and online networks will ask where they will get the 60 per cent local content to air. Where will they get the local telenovelas? There is a television channel called Maisha Magic East on Digital Satellite Television (DSTV) . It broadcasts local content mostly although it also airs Eastern African movies. This is what we should encourage so that young people who go to Kenya Cinema to practice and studios to record their music can benefit.

It is unfortunate that when you want to listen to music and turn on the television or radio, the music that you are likely to hear is from either Europe, America, Nigeria or Tanzania, our neighbors, who have good music. Kenyan music can be improved. Most people listen to bongo flava when we have Kenyan music genres like genge and ghetto. I know Sen. Ngugi is familiar with this because most likely on Fridays he listens to these genres when he is on ‘raverend’.

It is possible to have 60 per cent local content on radio. I thank Sen. (Dr.) Musuruve and wish her a happy belated World Radio Day. She has been an active Member of this Parliament. I wish her well in the upcoming election where she might run

for the position of Member of Parliament (MP) for Lugari Constituency. I agree that we must protect media freedom.

Thank you, Madam Temporary Speaker.

for the position of Member of Parliament (MP) for Lugari Constituency. I agree that we must protect media freedom.

Thank you, Madam Temporary Speaker.

Sen. Seneta, proceed.

Thank you, Madam Temporary Speaker for giving me a chance to congratulate my friend, Sen. (Dr.) Musuruve, for reminding us the important world Radio Day.

For many years, radio has been used as an affordable way to access information. Growing up, many of our parents did not have televisions. However, they used to get a lot of information from radio. Radio has remained relevant as a medium of getting information.

Radio should give the public right, relevant and important information, especially on issues of social and economic growth of the communities. Radio should air programmes that can assist our youth and communities on how to grow their economy using the bottom-up economic model. I wish radio could provide people with information in programmes that can grow them.

Radio remains an affordable way of getting information rather than cellphones where you need to have airtime and charge your phone using electricity and that is another expensive way of sustaining your medium of communication. Radio has been affordable for the community. We can build radio and make it more creative and relevant in terms of helping Kenyans and the world to grow social ideas.

At times, I listen to radio programmes in the morning when I am preparing to get out of the house. Some of them have eroded our social fabric by criticizing marriage and every societal norm instead of passing important information and instilling social values to our young generation. This can be done by putting emphasis on social and family life, education, agriculture and all other means of production in the country.

Therefore, radio as a way or medium of communication, should improve its content and be creative. I wish Sen. (Dr.) Musuruve well. She has been an active Member of this House in terms of reminding us to celebrate other institutions.

Thank you.

We move to the next Statement by Sen. Halake. The Senator is not present, and therefore, the Statement is dropped.

Mr. Speaker, Sir, I rise, pursuant to Standing Order 48 (1) , to seek a Statement from the Standing Committee on Education regarding the status of the Kenya Engineering Technology Registration Board (KETRB) .

In the Statement, the Committee should -

I will now invite short comments for three minutes.

Sen. (Dr.) Musuruve, proceed.

Thank you, Madam Temporary Speaker. I thank Sen. Ngugi for coming up with this Statement. Engineering is a specialized course that does not need stop. I am aware that there are a number of universities that offer engineering courses, which is a salient course in this country. As the Board is being reconstituted, there is need to ensure that it is composed of women. There is need to interrogate the number of women on the board.

Recently, we celebrated the World Women Science Day. The world has moved towards encouraging women to do engineering courses.

As we talk about funding on engineering, there is need for the Government o to encourage women to take up engineering courses and even fund them. Such women should also be assured of employment once they complete their courses. This will attract more women to Science, Technology, Engineering and Math (STEM) subjects.

I support this Statement. When it comes to the Committee on Education, I assure the Senator that we will do our best to ensure that a gender sensitive board is constituted.

Proceed, Sen. Cherargei.

He has highlighted the Kenya Roads Board (KRB) among other agencies that are under the parent Ministry. I emphasize that it should be re-looked at. I do not know whether it was because of policy.

Finally, Government agencies are funded by taxpayers and can form grounds of impeachment. How can the Board not be reconstituted for two years? It seems like the CS – he is called Prof. Magoha or somebody – or the Ministry of Education needs---

He has highlighted the Kenya Roads Board (KRB) among other agencies that are under the parent Ministry. I emphasize that it should be re-looked at. I do not know whether it was because of policy.

Finally, Government agencies are funded by taxpayers and can form grounds of impeachment. How can the Board not be reconstituted for two years? It seems like the CS – he is called Prof. Magoha or somebody – or the Ministry of Education needs---

Sen. Farhiya, you have an intervention?

Madam Temporary Speaker, we can ensure that---

Madam Temporary Speaker, since my time up, I support.

Order, Sen. Cherargei! Sen. Farhiya has something to say.

Proceed, Sen. Sakaja.

Proceed, Sen. Sakaja.

Sen. Cherargei, I want to hear from you regarding the concerns by the Senators.

Sen. Cherargei, it is how you described him and not the duties you are talking about. I heard you right and the HANSARD will reflect it. You said: “I do not know what he is called or something.” You need to apologize to a senior member of this country and give him the correct title.

Sen. Cherargei, it is how you described him and not the duties you are talking about. I heard you right and the HANSARD will reflect it. You said: “I do not know what he is called or something.” You need to apologize to a senior member of this country and give him the correct title.

Madam Temporary Speaker, I apologize to Kenyans. We are judicially aware that Prof. Magoha was the CS for Ministry of Education as at the last time we were in Government. I hope he is still the one. I apologise if I misled the House that he is not the CS.

Proceed, Senate Majority Leader.

Madam Temporary Speaker, if the Chair allows Sen. Cherargei to be selective on how he apologizes, he is apologising on something different. He should have actually withdrawn the statement about Prof. Magoha.

Madam Temporary Speaker, did you also hear how the Senator for Nandi County spoke about the distinguished Deputy Senate Majority Whip; that she is trying to impress somebody with what she said? That is unfair. Sen. Cherargei, in his final year, should be getting more serious than he is.

I count on you, Madam Temporary Speaker, to make sure he is held accountable to some of his wits and words.

On that note, I am now going to give my Statement.

Sen. Poghisio, you have raised another issue about the Deputy Senate Majority Whip. Sen. Cherargei, you need to respect Members of this House as well as those out there. If you have to talk about the CS, Prof. Magoha, then you have to make a substantive Motion to that effect.

If you are talking about the Deputy Senate Majority Whip in that manner, then you also need to withdraw.

On the second part about the Deputy Senate Majority Whip, when I say, “to impress someone,” it could mean impressing Kenyans, who she is working for. She could also be impressing the people where she comes from, voters or the Senate Majority Leader. I do not think that is an offence. When you work, you impress your voters. I made it in good faith. It shows that she is working.

I do not need to withdraw that, but on the part of Prof. Magoha, I withdraw and apologise unreservedly.

(Loud Consultations)

On the second part about the Deputy Senate Majority Whip, when I say, “to impress someone,” it could mean impressing Kenyans, who she is working for. She could also be impressing the people where she comes from, voters or the Senate Majority Leader. I do not think that is an offence. When you work, you impress your voters. I made it in good faith. It shows that she is working.

I do not need to withdraw that, but on the part of Prof. Magoha, I withdraw and apologise unreservedly.

(Loud Consultations)

Proceed, Senate Majority Leader. Senate Majority Leader, I thought you were going to comment on the Statement by Sen. Ngugi.

Let us move to Sen. M. Kajwang’.

Madam Temporary Speaker, I rise to support the Statement by Sen. Ngugi. He is a Senator who has taken his role very naturally and quickly. I pray that even in the next Senate, Sen. Ngugi will get an opportunity to at least serve some five years on behalf of the young people of Kenya.

I have just been reflecting on why engineering technologists require a different legal framework from other engineers. I know that many of us are debating or contributing to this without fully understanding who engineering technologists are. The definition of Engineering Technologist in Engineering Technologist Act is the most convoluted you find in any Act of Parliament.

It is a definition that is one paragraph that has almost 96 words. So, this definition was definitely done by an engineer who did not have skills to make things or life easy.

I support Sen. Githua’s proposal that we find ways of placing engineering technologists under the same ministry where the other engineers are regulated. I do not think that engineering technologist are any lesser than engineers. Everyone has got unique skills and responsibilities. You cannot say that a civil engineer is so important that a plumber or a mason should not be regulated by the same body.

If I was to be asked - and I have seen engineers like Sen. (Eng.) Maina have come in - I would perhaps say that the Engineers Board and the Act that provides for the Engineers Board should be the same Act that provides for engineering technologists. I know that the professionals have got reasons for this. I do hope that when the good Prof. Magoha comes to the House, Sen. Cherargei will be civil and allow him to explain why this Board has not been constituted.

I support.

Sen. (Dr.) Mwaura online.

Madam Temporary Speaker, I think it is very important for us to support this ---

Sen. (Dr.) Mwaura.

Yes, I can hear you.

We cannot hear you.

Madam Temporary Speaker I can hear you.

My volume is high. Can you hear me now Madam Speaker?

My volume is high. Can you hear me now Madam Speaker?

That is better.

There seems to be a clear difference between the classification of real engineers and the engineering technologists. The Bill that was passed in the 11th Parliament concerning their own registration in terms of the operationalization, I do not think---

I do not know what is happening to your volume. We cannot hear you clearly.

Yes, Senator there is a point of order from the Senate Majority Leader.

Okay then, Madam Temporary Speaker, but I cannot do much from my end. I thought I am audible enough.

We are seeing part of your face. Okay, now that is better, but we need to hear you.

I support---

Yes, Senator there is a point of order from the Senate Majority Leader.

Madam Temporary Speaker, I do not know what is happening. Where is Sen. (Dr.) Mwaura? Yesterday, he was ruled out of order by the Chair by the way he was dressed. He has not changed much about his hat. We would like to see him fully, so you can determine if he is properly dressed and rule if it is in order. That hat was refused yesterday and he was asked to go back and dress appropriately. Maybe you can do the same.

Sen. (Dr.) Mwaura, have you heard the intervention by Senate Majority Leader on your dressed code?

Madam Temporary Speaker, I am properly dressed. I have my hat on and I do not think there is any prescription for what kind of hat I am supposed to be wearing because this one is supposed to protect me from the sun and the light. I really do not know whether the Senate Majority Leader’s point of order is in order because I am properly dressed.

This was the same thing that happened to me yesterday. I was ready to prosecute the Persons with Disabilities Bill, but had to wait for the whole day and I was not able to prosecute it on account of the hat that I was wearing. Surely, this is not fair.

Just hold on, Sen. (Dr.) Mwaura, be online. I need to look at my Standing Orders on this one.

I need to say clearly that there is discrimination between the so-called real engineers and the technologists. The CS needs to come and clarify exactly in terms of qualifications and what need to be done so that they can be at par. Even in terms of qualifications, there can be some kind of aggravated hierarchy in terms of ---

Order, Sen. (Dr.) Mwaura, I cannot hear you.

Sen. (Dr.) Mwaura, can you hear me? I need to rule as to whether you are properly dressed before this House, so, just hold. I need to move to the next person as I make a ruling on whether you are properly dressed.

Madam Temporary Speaker, this is not really fair at all. I have explained myself as to why I wear this hat because of the light---

You have explained and I need to make a ruling on that. There is an objection.

Sen. Kasanga, please, proceed.

Proceed, Sen. Kasanga.

These young people with certificates and diplomas form the majority of post-secondary education students and they need to be supported. It is shocking that our students of engineering technologies have finished their studies in diploma and certificates and are still hanging out there because they cannot get jobs for lack of certification and the requirements that they need for them to be able to secure a job.

The Temporary Speaker (Sen. Pareno) : Order, Sen. Kasanga. Let us hear from Sen. Sakaja on intervention.

Madam Temporary Speaker, I have tried to tolerate this, but it is too difficult. Sen. M. Kajwang’ is too close to Sen. Kasanga. I do not mind the gentlemen here, but we have Covid-19 rules. The seats are marked “sit here.” Is Sen. M. Kajwang’ in order to be that close?

He is really distracting Sen. Kasanga. In fact, she is not usually smiling like this; she is too enthusiastic.

Madam Temporary Speaker, please, we need order. Please, rule. The gentlemen on my left are okay, but that is not the case on the other side.

Proceed, Sen. Kasanga.

have only singled out Sen. Kasanga. Covid-19 rules apply to all of us. So, let us all abide by the rules.

Yes, Sen. Poghisio, proceed.

Madam Temporary Speaker, just to get back to the point of Sen. (Dr.) Mwaura. If it may help, that you have a special exemption---

Order, Sen. Kasanga. Let us hear from Sen. Sakaja on intervention.

Madam Temporary Speaker, I have tried to tolerate this, but it is too difficult. Sen. M. Kajwang’ is too close to Sen. Kasanga. I do not mind the gentlemen here, but we have Covid-19 rules. The seats are marked “sit here.” Is Sen. M. Kajwang’ in order to be that close?

He is really distracting Sen. Kasanga. In fact, she is not usually smiling like this; she is too enthusiastic.

Madam Temporary Speaker, please, we need order. Please, rule. The gentlemen on my left are okay, but that is not the case on the other side.

Sen. Sakaja, you are being discriminative because there are three gentlemen seated next to each other. However, you

have only singled out Sen. Kasanga. Covid-19 rules apply to all of us. So, let us all abide by the rules.

Yes, Sen. Poghisio, proceed.

Madam Temporary Speaker, just to get back to the point of Sen. (Dr.) Mwaura. If it may help, that you have a special exemption---

I am yet to rule on that.

Madam Temporary Speaker, now that we understand his situation, it is like he was somewhere campaigning in the sun. He stopped by the roadside to make his comments and we heard vehicles and ambulances.

Given your capacity and power, some of these things can be exempted; I understand. I am not raising the issue out of order, but because there is a dress code. However, since you have the powers to rule, you can do that.

I was first nominated to Parliament to represent the youth. There is a blessing when you speak for those who are vulnerable and for our generation.

I want to say two things. First, it is unfortunate when the Government puts unnecessary hurdles to our young people. We are dealing with a huge problem of unemployment. It is the greatest challenge in this country. The biggest threat to our security, as it is, is not Al-Shabaab or terrorists, but unemployed and disillusioned young people who are out there and are not seeing a Government that is going out of its way pro-actively to help them find jobs.

If for two years anybody with that qualification cannot get a certificate, it means they cannot get hired or job opportunities. When I led my Committee to the Middle East, the Kingdom of Saudi Arabia and the United Arabs Emirates (UAE), they told us they love Kenyans.

There are 88,000 Kenyans working there. Unfortunately, some have gone through a lot of harrowing experiences in domestic work. They have been asking Kenya for a Bilateral Labour Agreement (BLA) on skilled workers.

They want engineers, doctors, cobblers, masons and electricians, because they are building a new city. In that new city, the potential for jobs is another one million people, and they prefer Kenyans.

Our Government has been dragging its feet on signing the BLA between Kenya and Saudi Arabia, yet we cannot provide jobs here. We are a country that is seen as a labour exporter.

This country does not have oil. The experiment that happened in Turkana has not yielded much. We do not have gold. Our biggest resource is not under the ground; it is above the ground; it is our people.

To show that a Government is sluggish or unwilling to facilitate these people who have gone to school, paid fees and done everything, but cannot get accreditation, is extremely unfortunate.

I hope when my friend and former Vice Chancellor (VC), Prof. Magoha, comes, he can explain that.

Madam Temporary Speaker, we have asked these questions. That matter was supposed to be under Cabinet Secretary (CS) Macharia because he is the one who deals with that sector. I do not how it was moved, Sen. Ngugi Githua.

There is something that is sitting on CS Macharias’ table. I have tried to communicate to him today, and he told me to talk to his PS. We brought the issue of digital taxi workers, Uber and Bolt. We agreed on regulations because there is a minimum amount that should be set in terms of the fees. These people are complaining that they are suffering. I know that they will soon go on strike if we do not have those regulations passed.

Madam Temporary Speaker, I know that you know about this issue. You were recently called by a colleague who was asking where this matter has reached.

The Committee on Delegated Legislation must tell us where these regulations have reached. What is the Ministry engaging consultants for? We just need to agree on a pricing formular that takes into account fuel, wear and tear, carwash and all these other variables.

The Automobile Association (AA) of Kenya has been fighting this thing from

I sit in the Committee on Delegated Legislation and I am aware that the Chair is aware of the concerns. He is not here now, but I am sure he will take it up and report back. Being a Member of that Committee, I will follow up.

Sen. (Prof.) Ongeri proceed. Sen. Kang’ata, you have not requested to speak. Can you do the necessary so that I give you a chance to speak?

Thank you, Madam Temporary Speaker, for giving me this opportunity to add to what Sen. Ngugi Githua has brought to our attention in this Senate.

One of the things that I have noticed is the non-establishment of the board for Kenya Engineering Technology Registration Board. In the professional categories, these are the people who have post-secondary education and some of them may have been post Kenya Certificate of Primary Education (KCPE) and went through the middle level colleges, particularly the institute of technology and also the other polytechnics that have been established in the earlier years when I was the Minister for Science and Applied Technology.

One of the reasons these boards were established is because I realized majority of young Kenyans had attained a certain cadre of professional training. They were not graduates but they had acquired certificates. Therefore, we needed to grade them at a particular level and regulate them as well. That is why the boards were set up after the Act came to being.

For instance, in the Ministry of Health, we have technologists who are health technicians, laboratory technicians, pharmacology technologists and many others who had not reached the graduate level but through the skill upgrading and vocational and technical training, institutions have acquired a certain level of standards to be certified, so that they can practice and work under a profession and a particular board of management.

This is what has happened to this Board. I believe this was an off-shoot of the original Kenya Polytechnic which I turned into the Technical University of Kenya (TUK). I am not surprised that it is domiciled under the Ministry of Education because originally, the Kenya Polytechnic was under the same Ministry. I am the one who ensured it becomes a university.

What is important is that these people must be regulated. If they practise unregulated, they become a disaster to the society. I think that is the main point that Sen. Ngugi is bringing to our attention, that regulation is critical. If you get a quack practising as a technologist with no certification and is also unqualified, then we are in danger. That is why this Board must be in place.

I thank you, Madam Temporary Speaker, for the attention.

The Automobile Association (AA) of Kenya has been fighting this thing from

I sit in the Committee on Delegated Legislation and I am aware that the Chair is aware of the concerns. He is not here now, but I am sure he will take it up and report back. Being a Member of that Committee, I will follow up.

Sen. (Prof.) Ongeri proceed. Sen. Kang’ata, you have not requested to speak. Can you do the necessary so that I give you a chance to speak?

Thank you, Madam Temporary Speaker, for giving me this opportunity to add to what Sen. Ngugi Githua has brought to our attention in this Senate.

One of the things that I have noticed is the non-establishment of the board for Kenya Engineering Technology Registration Board. In the professional categories, these are the people who have post-secondary education and some of them may have been post Kenya Certificate of Primary Education (KCPE) and went through the middle level colleges, particularly the institute of technology and also the other polytechnics that have been established in the earlier years when I was the Minister for Science and Applied Technology.

One of the reasons these boards were established is because I realized majority of young Kenyans had attained a certain cadre of professional training. They were not graduates but they had acquired certificates. Therefore, we needed to grade them at a particular level and regulate them as well. That is why the boards were set up after the Act came to being.

Yes, Madam Temporary Speaker, I heard the ruling and I thank you.

Then proceed.

The Mover of the Bill is Sen. Ngugi who is also my namesake. Interestingly, he was nominated to replace Isaac in the Senate and now we are two Isaacs.

This is a good move because young people are being discriminated. It becomes a big problem for you to work as an engineer because of certification. There are also some kind of cartels in the engineering profession because they do not want their field to be populated.

On a construction site, people who do the work are technologists. Ask any Senator here and they will tell you that. They are more practical, are not theorists and can deliver work at a much lower cost. However, there is the issue of payment and under- cutting but it does not preclude the fact that an engineering firm can get all the works and have technologists do the job. Those are the politics around it.

If I am not wrong, the former Women Representative for Bomet is the one who sponsored this Bill. It is long overdue that we need regulations in place. The Cabinet Secretary in charge needs to be summoned to come and explain why this has not been done with regard to empowering young people.

Can you hear me now, Madam Temporary Speaker? It is true that regulation is important.

Senator, did you hear the ruling we made on dressing?

Yes, Madam Temporary Speaker, I heard the ruling and I thank you.

Then proceed.

Let us move to the next Statement by Sen. Kasanga.

We all know that this country belongs to the young people. They are the majority and the ones hustling out there. They are the ones doing the donkey work. When you look at other professions like law, it is the same thing. The older lawyers do not want to have young entrants who are highly underpaid.

Madam Temporary Speaker, these regulations are going to operationalize the Act and ensure that we have more people on board. This will help the country in the long-run because we have sub-standard buildings collapsing and people losing property and lives. Therefore, this will bring into the ambit all the people who are seen as quacks to be superintendent.

I support and I congratulate Sen. Ngugi for bringing this issue at hand. That is what the special seats in Parliament, in this case the Senate, are supposed to represent, so that the young people can feel they are represented.

Madam Temporary Speaker, there are so many other Bills that have been passed by this House but are still lying on shelves as life has not been breathed into them. Maybe we need to ask the procedure of legislation, so that we do not have to wait for regulations for a Bill to take effect. As long as it has been assented to, it needs to take effect immediately and the regulations follow.

I support.

I will allow short comments from only two Senators because our time for Statements is over. If we could have Sen. Kang’ata who shall be followed by Sen. (Prof.) Ongeri. Three minutes each because we need to move to the next agenda.

Madam Temporary Speaker, I rise to support the Statement by Sen. Kasanga. Kenya has a major health crisis. The counties are not investing sufficiently on matters health. I strongly believe that counties should be properly resourced to ensure

for instance that we have more level five hospitals. I come from Murang’a County and we have only one level five hospital for a population of about 1 million Kenyans. When you look at that hospital, it was established 50 years ago.

It is time that Murang’a County had a new level five hospital so that we ensure the growing population health needs are well catered for including mental health issues.

When you go to Murang’a Level Five hospital, it has one ward that deals with mental health. I strongly believe that if we were to expand those services by establishment of a new level five hospital, preferably at highly urbanized region like Kenol Town, it will definitely be able to serve better the entire Murang’a County and also the people adjoining Kenol Town. Madam Temporary Speaker, mental is a major concern particularly, when you look at the young people who are currently abusing drugs. There is also the genetic element of it where people get that condition for no fault of their own.

Therefore, it is time we increased the number of professionals who can definitely help us remedy the problem of mental health. The bottom line is youth unemployment and youth losing hope which we would definitely be able to cater for if we were to create more job opportunities so that we reduce instances of mental illness.

I therefore rise to support the proposed Statement but also in particular urge governors to put more resources in establishment of more healthcare and also good payment and remuneration of our health service workers. These include doctors, nurses and other paramedics.

Madam Temporary Speaker, we have the Abuja Declaration which says that at least 15 percent of the entire country’s Gross Domestic Products (GDP) should be channeled towards health. Currently, we are doing about 6 percent or 7 percent which is way below the Abuja Declaration. We are happy that we passed the National Hospital Insurance Fund (NHIF) amendment which can increase the health coverage.

I thank you.

Thank you, Madam Temporary Speaker. This is a very important Statement that has been brought by Sen. Kasanga and I think I must define this position.

Mental health of psychosocial support does not require that you become domiciled in a hospital bed. That is the concept that we must demystify. All we are saying is that is these are all positive social development attitudes when you are able to visit your doctor or health worker in a clinic and have a dialogue with that individual. You are able to develop the relational ability between a doctor, nurse, and psychologist with the patient who comes to seek social stability, social support. It does even extend to the spiritual support. It is so critical at that moment.

What we are really looking for is that county governments, including the health services they run, should do what we call extension work services similar to agricultural extension workers who go to villages and homes to teach people how to grow foods.

We should also have health workers who go to homes, villages and health clinic to teach individuals on how to have social stability, mental stability and the right attitude in life.

There are many challenges facing our young people today particularly, in this era of COVID-19. They are many questions that our young people are asking. In the absence of information, they are derailed.

That is how you develop mental disorders that need not be developed because these are preventable disorders. All we need to do is to promote the habit and the ability to dialogue with these individuals at the village, dispensary, and clinic level.

You will then be able to restore their confidence and ability to cope with the hardships of life. We are missing that point when we do not do so. No wonder then when they left unattended these will then progress into pathological issues that become very difficult to deal with.

Depression is one of the conditions that we see, that if you do not take care of it in the early stages it will get worse. There are various types of depression: Endogenous depression and exogenous depression. Then you have a difficult situation of people who cannot be managed when that could have been prevented at a very early stage.

Madam Temporary Speaker, this is a relevant question and the Ministry of Health must wake up to be able to address this matter. This is one of those promotive and preventive healthcare systems in the mental area and not only in the medical area.

I support the Statement.

Sen. Sakaja you are the last one to comment on this. You have three minutes.

for instance that we have more level five hospitals. I come from Murang’a County and we have only one level five hospital for a population of about 1 million Kenyans. When you look at that hospital, it was established 50 years ago.

It is time that Murang’a County had a new level five hospital so that we ensure the growing population health needs are well catered for including mental health issues.

When you go to Murang’a Level Five hospital, it has one ward that deals with mental health. I strongly believe that if we were to expand those services by establishment of a new level five hospital, preferably at highly urbanized region like Kenol Town, it will definitely be able to serve better the entire Murang’a County and also the people adjoining Kenol Town. Madam Temporary Speaker, mental is a major concern particularly, when you look at the young people who are currently abusing drugs. There is also the genetic element of it where people get that condition for no fault of their own.

Therefore, it is time we increased the number of professionals who can definitely help us remedy the problem of mental health. The bottom line is youth unemployment and youth losing hope which we would definitely be able to cater for if we were to create more job opportunities so that we reduce instances of mental illness.

I therefore rise to support the proposed Statement but also in particular urge governors to put more resources in establishment of more healthcare and also good payment and remuneration of our health service workers. These include doctors, nurses and other paramedics.

Madam Temporary Speaker, we have the Abuja Declaration which says that at least 15 percent of the entire country’s Gross Domestic Products (GDP) should be channeled towards health. Currently, we are doing about 6 percent or 7 percent which is way below the Abuja Declaration. We are happy that we passed the National Hospital Insurance Fund (NHIF) amendment which can increase the health coverage.

I thank you.

let them now recognize all these cadres that are required and fully staff them throughout our hospitals.

We have a lot of issues with mental health even within Parliament; especially for leaders. People used to shy away from going to see a counsellor because it was thought that you were mad if you did that. However, that is not the case. When these services were introduced in our medical scheme because our colleague in the last Parliament needed to get that support, it became the highest consultancy that is being utilized by the Members of Parliament. It is not dentists or ophthalmologists whose services are more sought after. It is the mental health services.

We should not shy away about mental health. We should encourage access to mental health services especially to young people particularly men. Ladies have a good support system like chamas where they talk to each other. When men go through mental health issues, they do not talk about it to anyone. People get into alcoholism and drugs. I always tell young men not to be shy. To talk to someone when they are not okay.

Thank you for this statement. We shall keep on pushing it. I assure you that when I will be elected the Governor of Nairobi, I will make sure that every facility has provision of these services. Inshalla! God willing.

Thank you, Madam Temporary Speaker.

There are many challenges facing our young people today particularly, in this era of COVID-19. They are many questions that our young people are asking. In the absence of information, they are derailed.

That is how you develop mental disorders that need not be developed because these are preventable disorders. All we need to do is to promote the habit and the ability to dialogue with these individuals at the village, dispensary, and clinic level.

You will then be able to restore their confidence and ability to cope with the hardships of life. We are missing that point when we do not do so. No wonder then when they left unattended these will then progress into pathological issues that become very difficult to deal with.

Depression is one of the conditions that we see, that if you do not take care of it in the early stages it will get worse. There are various types of depression: Endogenous depression and exogenous depression. Then you have a difficult situation of people who cannot be managed when that could have been prevented at a very early stage.

Madam Temporary Speaker, this is a relevant question and the Ministry of Health must wake up to be able to address this matter. This is one of those promotive and preventive healthcare systems in the mental area and not only in the medical area.

I support the Statement.

Sen. Sakaja you are the last one to comment on this. You have three minutes.

Thank you, Madam Temporary Speaker. Sen. Kasanga continues to distinguish herself as a champion for mental health awareness. We passed her Bill. There is no other legislator in the history of this country who has really stood for that sector as she has. She has enlightened us. She did a book and we said it is okay not to be okay.

I note that she has congratulated Nairobi City County. I know the County is trying but actually in those 32 facilities we do not have enough staff who are offering those services.

The Nairobi Metropolitan Services (NMS) has built many hospitals and I am glad we have the physical facilities but in terms of staffing: Clinical psychologists, therapists and counselors there is a gap that needs to be met.

Madam Temporary Speaker, when you called me, I was talking to some of my doctors. They have told me that it is not true that all these facilities are giving these services. They have said that there is no psychiatrist or psychologist employed under the Nairobi Metropolitan Services (NMS) . I have spoken to the County Public Service Board (CPSB) and told them that one of the challenges that we had, following Sen. ‘Dr.’ Kasanga’s interventions, I went to visit Dr. Frank Njenga’s Chiromo Lane Medical Centre, where I found some of the critical care specialists being trained. Many of the specialists are in the private sector.

They said that the scheme of service under the CPSB in the counties have not acknowledged or recognized careers of psychiatrists, psychiatric nurses and clinical psychologists. Counties need to do that so that they can be put in the pay roll. I am told that we have very few psychiatrist nurses. Currently, we have very few counsellors. I urge the NMS and county governments that in as much as they have made good steps – I always acknowledge the good they have done and being cooperative in many respects –

let them now recognize all these cadres that are required and fully staff them throughout our hospitals.

We have a lot of issues with mental health even within Parliament; especially for leaders. People used to shy away from going to see a counsellor because it was thought that you were mad if you did that. However, that is not the case. When these services were introduced in our medical scheme because our colleague in the last Parliament needed to get that support, it became the highest consultancy that is being utilized by the Members of Parliament. It is not dentists or ophthalmologists whose services are more sought after. It is the mental health services.

We should not shy away about mental health. We should encourage access to mental health services especially to young people particularly men. Ladies have a good support system like chamas where they talk to each other. When men go through mental health issues, they do not talk about it to anyone. People get into alcoholism and drugs. I always tell young men not to be shy. To talk to someone when they are not okay.

Thank you for this statement. We shall keep on pushing it. I assure you that when I will be elected the Governor of Nairobi, I will make sure that every facility has provision of these services. Inshalla! God willing.

Thank you, Madam Temporary Speaker.

We now move to statements pursuant to Standing Order 52 (1) .

The Senate Majority Leader, kindly proceed.

Madam Temporary Speaker, I thank you for giving me this opportunity. I congratulate Sen. Kasanga for being consistent on the mental health issues. Congratulations!

Second Reading

Thank you, Madam Temporary Speaker.

There are eight Bills due for the Committee of the Whole stage and 21 Bills due for Second Reading. There are six Bills for which debate has been concluded at Second Reading and are now due for division have been scheduled in today’s Order Paper, as well as three Bills at the Committee of the Whole stage that are also awaiting division. I urge honorable Senators to be available in the House to enable the Senate to undertake the divisions on these Bills.

On the matter of debate on the other Bills, they will be allocated slots in the Weekly Program of Senate Business that is circulated every Friday, and accordingly scheduled in the Order Paper for that day. I urge respective Movers to be available in the Senate whenever such business is scheduled in the Order Paper. I take this opportunity to remind all Honourable Senators of the directive of the Speaker to strictly adhere to provisions of Standing Order 59 (3) .

As you may be aware, ordinary Motions lapse at the end of every Session. Senators who are interested in Moving Motions that lapsed at the end of the Fifth Session are encouraged to re-file them and give notices afresh.

Finally, I urge respective standing committees to expedite consideration of the 48 Petitions that have not been concluded, as well as Statements pursuant to Standing Orders 47 and 48.

Madam Temporary Speaker, I thank you and hereby lay the statement on the Table of the Senate.

Hon. Senators, having concluded on the Statements, I now wish to rearrange the order paper by deferring orders 8, 9, 10, 11, 12, 13, 14, 15,16 and 17.

Second Reading

I invite Sen. Shiyonga to make her interventions.

On a point of order, Madam Temporary Speaker. I rise to seek your direction on the Order No. 17, the Kenya Medical Supplies Authority (Amendment) Bill (Senate Bills No. 53 of 2021) . The last time that the Bill was listed on the Order Paper for the Committee of the Whole stage was yesterday but it was not executed.

The Standing Committee on Health is yet to submit or finalize on its consideration of its findings on the Bill. The Committee is to table the Report which I am eagerly waiting for as a sponsor of this Bill. This is a very important Bill because it is dealing with health matters which is the core mandate of the health sector. I beseech you to give direction to the health Committee to table its report by next week so that we can conclude on the matter. This is a very important Bill and it has taken quite some time since I moved it on the Floor of this House.

Madam, Temporary Speaker, I seek your direction.

be presented to the electorate during party primaries or election ballot papers, in the way the candidate has chosen to familiarise himself or herself to the electorate.

Currently, the law only permits the use of a candidate’s official name as it appears in the register of voters and the candidate’s identification documents.

A candidate who wishes to have his or her popular name included on the ballot paper has to go through the lengthy process of officially changing his or her name. This is through the procedure set up under the Registration of Persons Act No.107, the Registration of Documents Act No.283 and the rules and regulations made under the two Acts. This is an extremely laborious and a hindrance to democracy.

The ultimate goal of an election is to ensure that the electorate choose their preferred leaders in a free and fair environment. Name recognition thus becomes an important aspect of free and fair elections and should be enabled to the fullest extent. It ensures that a voter easily identifies his or her preferred candidate on a ballot and votes as he or she intended.

Candidates should not be unduly stopped from having a say on the name they want on the ballot paper and other election related material, as this hinders the realisation of the candidate's right to be voted without unreasonable restrictions. It also hinders free expression of the will of the electorate as contemplated under Article 38 of the Constitution.

Madam Temporary Speaker, this Bill, therefore, seeks to provide for the inclusion of a candidates’ popular name on the ballot paper while safeguarding the sanctity of the electorate process at the same time.

Further, it seeks to ensure that this flexibility does not prejudice a free and fair election in any way. The Independent Electoral and Boundaries Commission (IEBC) would be required to approve the use of the popular name in an election.

The Bill also proposes to amend Section 109 of the Elections Act to ensure compliance with Article 95 of the Constitution, in the approved regulation made pursuant to the proposed new clauses and the Election Act in general.

Madam Temporary Speaker, I move the Bill and ask Sen. Sakaja to second.

Thank you, Madam Temporary Speaker. I beg to move that the Elections (Amendment) (No.3) Bill (Senate Bills No. 48 of 2021) be now read a Second Time.

This Bill has taken much of the life of this House. I moved this Bill because I considered it important for the adequacy of elections and democracy in this country. The Bill simply seeks to allow members to use what I have referred to in the Bill as popular name.

People carry all kinds of names in this country. Wananchi give you names and they know and refer to you as such. Then you have the Identity Card (ID) number which you might have been given. Some of us were given IDs when we were in colonial primary schools. You would go to a church, get baptized and be given another name which you would be known with henceforth.

Over the years, you may have a popular name that you use and people refer to you using that name. Now, there is difficulty in law today when you want to use the name which wananchi know. In democracy, people should be given the easiest and simplest way to express their wish. Anybody wishing to vote for another person, should be provided with the name that wananchi know.

Madam Temporary Speaker, wananchi may know you as Johnny Walker and you are called Michael John in your ID.

be presented to the electorate during party primaries or election ballot papers, in the way the candidate has chosen to familiarise himself or herself to the electorate.

Currently, the law only permits the use of a candidate’s official name as it appears in the register of voters and the candidate’s identification documents.

A candidate who wishes to have his or her popular name included on the ballot paper has to go through the lengthy process of officially changing his or her name. This is through the procedure set up under the Registration of Persons Act No.107, the Registration of Documents Act No.283 and the rules and regulations made under the two Acts. This is an extremely laborious and a hindrance to democracy.

The ultimate goal of an election is to ensure that the electorate choose their preferred leaders in a free and fair environment. Name recognition thus becomes an important aspect of free and fair elections and should be enabled to the fullest extent. It ensures that a voter easily identifies his or her preferred candidate on a ballot and votes as he or she intended.

Candidates should not be unduly stopped from having a say on the name they want on the ballot paper and other election related material, as this hinders the realisation of the candidate's right to be voted without unreasonable restrictions. It also hinders free expression of the will of the electorate as contemplated under Article 38 of the Constitution.

Madam Temporary Speaker, this Bill, therefore, seeks to provide for the inclusion of a candidates’ popular name on the ballot paper while safeguarding the sanctity of the electorate process at the same time.

Further, it seeks to ensure that this flexibility does not prejudice a free and fair election in any way. The Independent Electoral and Boundaries Commission (IEBC) would be required to approve the use of the popular name in an election.

The Bill also proposes to amend Section 109 of the Elections Act to ensure compliance with Article 95 of the Constitution, in the approved regulation made pursuant to the proposed new clauses and the Election Act in general.

Madam Temporary Speaker, I move the Bill and ask Sen. Sakaja to second.

Sen. Sakaja, please, proceed.

Somebody may have stayed long in a rural area. They may be known as a carpenter or he sells things. If he gives tanks, he might be known as “Wamatangi”, or “Wamashati” if he sells shirts.

I know someone in Uasin Gishu who is called “Koti Moja” because he has one coat. That is how people have known him. He should be allowed to use Koti moja on the ballot and the voter will know that is the person who we want to elect as governor, for instance, if that is what he is going for. I am not sure, I heard about the name when we were in Eldoret recently.

This is a brief Bill. I wish members could pass it quickly. I hope this is one of the last amendments to the electoral laws. This is because, as we said and it was noted in the Krieggler Commission, these changes to the electoral legal framework should come as early as possible and not too late towards the elections. Remember, we are about to go to party primaries, I think we will be doing so in April. This law should have been passed by both Houses well in advance so that people can apply to the IEBC using the prescribed form, as described in this law for them to be allowed to use their popular names.

I do not know what Sen. (Eng.) Maina’s popular name is. Kirinyaga is his real name. I know which one I would give him if I was to be a voter in Nyeri County.

father’s name and the identification card (ID) reads “generali” or some funny names that do not match.

You have not mentioned your friend Babu Owino who is called Paul Ongili. Currently, he is known as Babu Owino.

Yes, my friend and follower in the University of Nairobi who is Paul Ongili and many people do not know him by that name. If the name is on the ballot paper, he can lose votes because people know him as Babu Owino.

I may, for instance, wish to be called super governor. Today, if you say “super Senator”, every Kenyan knows who you are talking about. In as much as I know, in the rural areas some try to use that name. If I say super governor, they already know whom I am talking about if I just put up a billboard.

Instead of that laborious process, what Sen. (Eng.) Maina is proposing is good. We have discussed it in the Justice, Legal Affairs and Human Rights Committee. You apply to the IEBC; they have a committee that looks at what is reasonable. They should not give you a name that gives you undue advantage. For instance, I can say that I want my name to be changed to governor, so that when someone goes to the ballot of Nairobi City County and just sees governor they vote ‘no.’

You should not have names that are not what has become nicknames. We do not give ourselves these names. I did not start to call myself “super senator”. A group of young people started and it just caught on. Sometimes it very weird to call yourself such a name because it will sound as if you are boasting. It has caught on and you accept it. I do not know what Sen. Farhiya’s nickname is. However, if she has one, it is something that people gave to her.

Many of them are affectionate, you know. They describe who you are. For instance, “Baba or “Hustler” If today you say “Hustler”, everyone knows you are talking about His Excellency the Deputy President Dr. William Ruto. If you say “Baba”, they know you are talking about Rt. Hon. Raila Odinga. If you say the fifth, I do not know what people think you are talking about; it could be either of them.

This is welcome, but it needs to be strengthened so that people do not abuse this. You do not want a situation where somebody in the Nairobi City County ballot says that his popular name is also Sakaja. You find two Sakaja’s on the ballot paper. You are using a name of another popular candidate to say that you have applied for that because it is your popular name and your opponent can choose somebody else to confuse voters. We need to be able to cure that mischief.

The regulations that IEBC will put in place if this Bill is passed, should make it clear on what you can and what you cannot do. Any law in as much as it might be well intentioned is very easy to abuse. You can find somebody who goes ahead to abuse it.

The crux of this - and Sen. (Eng.) Maina has said it - is that all our interventions when it comes to electoral laws are to facilitate the ease of the expression of the will of the people. That is a cardinal tenet of our Constitution. Article 1 and Article 2 state that the sovereignty of the people is expressed directly or through the elected representatives.

The ability to allow Kenyans, out of their free will, to have an easier time at an election that is an aspiration of a democracy. That is something that we must always support. This will make it easier for people to identify who they know.

Somebody may have stayed long in a rural area. They may be known as a carpenter or he sells things. If he gives tanks, he might be known as “Wamatangi”, or “Wamashati” if he sells shirts.

I know someone in Uasin Gishu who is called “Koti Moja” because he has one coat. That is how people have known him. He should be allowed to use Koti moja on the ballot and the voter will know that is the person who we want to elect as governor, for instance, if that is what he is going for. I am not sure, I heard about the name when we were in Eldoret recently.

This is a brief Bill. I wish members could pass it quickly. I hope this is one of the last amendments to the electoral laws. This is because, as we said and it was noted in the Krieggler Commission, these changes to the electoral legal framework should come as early as possible and not too late towards the elections. Remember, we are about to go to party primaries, I think we will be doing so in April. This law should have been passed by both Houses well in advance so that people can apply to the IEBC using the prescribed form, as described in this law for them to be allowed to use their popular names.

I do not know what Sen. (Eng.) Maina’s popular name is. Kirinyaga is his real name. I know which one I would give him if I was to be a voter in Nyeri County.

For your information, he just informed the House that, he actually had to add Kirinyaga, so that it became his name because that was his popular nickname. Initially, it was not his name.

Madam Temporary Speaker, that is because of Kirinyaga Constructors and all that, so he had to add it. He did not have to do so. I have another that describes him. This is a very kind man. I was his Chairman in The National Alliance (TNA) and he really supported me.

I know even for Nairobi City County, he might be in another camp for now, but he is fully supporting me. When he supports you, it is kwa hali na mali not just lip service. The people of Nyeri County are very lucky to have him. I will go campaign for him there in as much our coalition will have a candidate.

Madam Temporary Speaker, with all those many remarks, I second.

leader. The people of Nyeri will be extremely lucky to have him as their Governor instead of the jokers and the corrupt ones who plunder their money.

I assure the people of Nyeri that their money will be safe if they elect Sen. (Eng.) Maina as their governor. He will do great development and a lot of good work that is expected of a gentleman like him.

Madam Temporary Speaker, candidates using their popular names on the ballot and preventing the tedious process of changing names is an idea whose time has come. We need to have some caveats to ensure that people do not take advantage of this Bill to have another Sen. Kirinyaga in the Governor’s ballot paper and the electorates are further confused. Due diligence must be done to determine that name belongs to the person being refereed to. There should be a mechanism to determine whether it is true or not.

I support this Bill. Sen. (Eng.) Maina has helped a lot of people who would have taken a very long time to achieve this. Name change can happen in a very short time compared to the process required to change a name. Someone can acquire a name within an election cycle. If it happens before the nominations and people are able to identify that person with those names, then it is only fair that the IEBC includes those names on the ballot paper. This will make it possible for Kenyans to know with precision the person they are electing with no ambiguity in the names. At times, the names being used can overtake that persons’ biological name.

This is a very simple amendment with a phenomenal advantage to people known with different names. Therefore, I support it.

If the people of Nyeri need a leader of integrity, they already have one. Not many counties are as lucky to have someone like Sen. (Eng.) Maina. Leaders are born and Sen. (Eng.) Maina is one of those born leaders.

Thank you, Madam Temporary Speaker. I want to congratulate my good friend, Sen. (Eng.) Maina, for coming up with this amendment. People have been using popular names although they do not appear in the ballots. Nobody has ever thought of amending the law so that the name can appear without going through the rigorous legal process of changing a name through deed poll. So, this is innovative. You can imagine it has been with us for over 50 years.

I know Senators who vied and lost elections because of people looking for their names in the ballot during elections. They fail to find their names and they are told that the candidate dropped out. I know the story of Sen. Wamatangi. When he first vied for an election he lost because he was known by the name “Wamatangi” but people who went to the polling stations did not find the name on the ballot paper.

He had to go through the rigorous process of changing his name through deed poll, involving lawyers, advertising in the Kenya gazette et cetera.

Sen. (Eng.) Maina has made it easier for many people. If this Bill finds favour in this House, and I am sure it will, people will not need to go through this process of changing their names.

My Committee went through this Bill and our report has already been prepared. Without anticipating debate, there is nothing much that we propose to be changed on this Bill other than urge the House to pass the amendment as it is. This will make it available for use in the forthcoming elections.

Madam Temporary Speaker, there are people who have acquired names that you can never change. Anytime I go to Nyamira and I rise to support my presidential candidate Eng. Raila Amollo Odinga, nobody calls him engineer. They tell me we are for “Baba”.

We want to pass this Bill like yesterday so that when we go to the ballot, we can have “Baba” on the ballot. There are people associated with other things. You can have somebody in the ballot and they have their popular name as “wheelbarrow” so that Kenyans can choose between ‘Baba’ and ‘wheelbarrow’. They can look for the popular name that resonates with people. This is something we want to pass.

In Nyamira, I have my nickname. When I was vying for elections last time, I was moving around in ‘akala’ and so I was nicknamed “Otero”.

One time I took the Senator for Kericho, Sen. Cheruiyot, to Nyamira for a function and he was surprised when he heard people calling me ‘Otero’. So, I want this Bill passed like yesterday so that I can also add the name ‘Otero’ to my name so that when people go to the ballot they can pick my name out. This is a very good that we need to process quickly so that as we go to the 2022 elections, the popular name for the Senator for Nyeri will be on the ballot.

I congratulate you because you are the seniors we look up to. This is something that will go down to the annals of history when people in future will be running for elective seats using their popular names. The country will remember that this is an amendment that was moved by the then Senator for Nyeri County.

I hope the people of Nyeri will find it worthy to elect you as their next governor. Having served here, we know you as somebody who is extremely respectful to colleagues and always available for consultation by the younger Senators in this House. So, you will be a good brain for the people of Nyeri County.

Madam Temporary Speaker, the idea of using popular names happens in other jurisdictions. In the USA, there are a number of states where people who vie for elective seats are allowed to use their popular names, even if the names do not appear in their identification documents. There are best practices which we can pick from other jurisdictions where this has worked and I am sure it can work here.

There are people who always complain that we bring amendments closer to elections, but that is not the case. Senators here know that we processed the amendment, brought it to the House and it was up for passage, but we had the judgement from the High Court in the High Court Petition No.284 of 2019.

The court ruled that any Bill that had not properly gone through concurrence process had to be reprocessed. So, this is the second time that this Bill is coming back to the Floor. Otherwise, if it was not that interpretation of the High Court, I am sure by now this Bill could have been enacted into law.

I also want to appeal to my colleagues in the National Assembly that once we pass this amendment and send to them, they should process it quickly because it is a fairly straight forward amendment.

Madam Temporary Speaker, I heard Sen. Cherargei alluding that these amendments are about elections and we should not pass them very late in the day. How

Thank you, Madam Temporary Speaker for the opportunity to contribute to this Bill. Calling people by their popular names is a great idea from a great

leader. The people of Nyeri will be extremely lucky to have him as their Governor instead of the jokers and the corrupt ones who plunder their money.

I assure the people of Nyeri that their money will be safe if they elect Sen. (Eng.) Maina as their governor. He will do great development and a lot of good work that is expected of a gentleman like him.

Madam Temporary Speaker, candidates using their popular names on the ballot and preventing the tedious process of changing names is an idea whose time has come. We need to have some caveats to ensure that people do not take advantage of this Bill to have another Sen. Kirinyaga in the Governor’s ballot paper and the electorates are further confused. Due diligence must be done to determine that name belongs to the person being refereed to. There should be a mechanism to determine whether it is true or not.

I support this Bill. Sen. (Eng.) Maina has helped a lot of people who would have taken a very long time to achieve this. Name change can happen in a very short time compared to the process required to change a name. Someone can acquire a name within an election cycle. If it happens before the nominations and people are able to identify that person with those names, then it is only fair that the IEBC includes those names on the ballot paper. This will make it possible for Kenyans to know with precision the person they are electing with no ambiguity in the names. At times, the names being used can overtake that persons’ biological name.

This is a very simple amendment with a phenomenal advantage to people known with different names. Therefore, I support it.

If the people of Nyeri need a leader of integrity, they already have one. Not many counties are as lucky to have someone like Sen. (Eng.) Maina. Leaders are born and Sen. (Eng.) Maina is one of those born leaders.

Thank you, Madam Temporary Speaker. I want to congratulate my good friend, Sen. (Eng.) Maina, for coming up with this amendment. People have been using popular names although they do not appear in the ballots. Nobody has ever thought of amending the law so that the name can appear without going through the rigorous legal process of changing a name through deed poll. So, this is innovative. You can imagine it has been with us for over 50 years.

I know Senators who vied and lost elections because of people looking for their names in the ballot during elections. They fail to find their names and they are told that the candidate dropped out. I know the story of Sen. Wamatangi. When he first vied for an election he lost because he was known by the name “Wamatangi” but people who went to the polling stations did not find the name on the ballot paper.

He had to go through the rigorous process of changing his name through deed poll, involving lawyers, advertising in the Kenya gazette et cetera.

Sen. (Eng.) Maina has made it easier for many people. If this Bill finds favour in this House, and I am sure it will, people will not need to go through this process of changing their names.

My Committee went through this Bill and our report has already been prepared. Without anticipating debate, there is nothing much that we propose to be changed on this Bill other than urge the House to pass the amendment as it is. This will make it available for use in the forthcoming elections.

Madam Temporary Speaker, I thank everybody for the support on this Bill. As it has been expressed by Senators and the senior counsel who has just spoken, this Bill should have been passed yesterday.

This is one of the Bills that were affected by the court order and here we are. I would have wanted us to have the Division today because reading the mood of the House, everybody is for this Bill to pass.

However, it should be on record that it had been passed only when there has been a Division then it can be included at the time of voting. It must come out clearly that the Bill has been passed.

I thank everybody for the kind and appreciative words they have given to me. This has given assurance to the people of Nyeri County. I must thank our Deputy Whip for saying she has confidence that I will take care of the resources of my people.

Last night on the television I said that I have never been associated with corruption. We are told Kshs2 billion is stolen every day in this country. I was listening

to senior counsel when he was talking and wondered how much money he could have given Kenyans if he had sealed the Kshs2 billion. He would have ended up with Kshs730 billion to share among Kenyans. Tell me how much money you would give to the poor. You would give everyone over Kshs100,000 and we would start a new nation within a year by sealing the loophole. An amount of Kshs2 billion daily is Kshs730 billion a year. This is half the total collections of this country because we collect Kshs1.7 trillion. Therefore, I support you senior counsel when he talk about these things, especially sealing corruption.

Corruption is the greatest enemy of this country. It is the single most threatening thing to the lives of Kenyans today and it will remain so until it is sorted out and the criminals are properly punished.

Sen. Omogeni, you are a senior counsel. How come to this day we do not have a single Cabinet Secretary, Governor, Senator, Member of Parliament or Principal Secretary who is in Kamiti Prison for stealing money for drugs? They should be in Kamiti Prison dressed in a kanga. They only thing we would recommend because we are human is that they be given enough ugali. That is the Kenya we want. I have heard your sentiments and I am with you, that we must be serious from now on.

Madam Temporary Speaker, this Bill is about changing the name. I stand to be corrected, but I want you to rule in your judgement - because it appears there may not be enough Members to pass the Bill - that there should be clear documentation to show that the Bill was passed. It is only waiting for the numbers. I believe even in social media we could having many people supporting it. Therefore, I leave it to you, but if you desire it can be deferred to a day when there is enough quorum for the Division.

We such people in this country who should be known that they do not have the interest of the people in counties at heart. They even oppose a simple proposal like giving social support to people who are vulnerable or those who do not have good earnings. We know the levels of poverty. I do not know where people live.

We want to give people a stipend of Kshs6,000 to support those who are elderly and also poor because we know the statistics of poverty in this country. However, you will find someone saying that they do not want money to be given to the poor, asking where the money will come from. Money is being stolen, day in, day out. Once we seal corruption loopholes, there will be enough money for the people in the counties.

I like the choice that we are facing in 2022. It is very simple. I usually go to my county and tell people that one of them wants to donate wheelbarrows while the other knows that they are suffering because they do not have enough income and promises to give them Kshs6,000. If I ask them what they will take, they tell me Kshs6,000 because a wheelbarrow is only Kshs250. If they get Kshs6,000, they will buy many wheelbarrows. The choice is very clear.

I want our people to know. This is simple mathematics that even somebody in nursery school can see. With Kshs6,000, you can buy a wheelbarrow and still have change to do other things.

I heard people say in Nyamira that anybody who is telling people about wheelbarrows does not want to be a president in this country. How can you be a president to give people wheelbarrows?

If you are a serious president, you should look at the money available to you as the president and show Kenyans that you care for the poor of this country, because we know them since we represent them. If you promise to give them Kshs6,000, then you are a serious person. That is a serious presidential candidate.

Madam Temporary Speaker, I urge us to pass this Bill by Sen. (Eng.) Maina. When we go to elections, let everybody be identified with their popular names. I want to see “Baba” on the ballot paper and I am sure we will win.

I support.

I can see that Sen. Cheruiyot and Sen. Mwaura are not logged in and are not physically present. Order No.18 is, therefore, dropped. Next order. Second Reading

Madam Temporary Speaker, I thank everybody for the support on this Bill. As it has been expressed by Senators and the senior counsel who has just spoken, this Bill should have been passed yesterday.

This is one of the Bills that were affected by the court order and here we are. I would have wanted us to have the Division today because reading the mood of the House, everybody is for this Bill to pass.

However, it should be on record that it had been passed only when there has been a Division then it can be included at the time of voting. It must come out clearly that the Bill has been passed.

I thank everybody for the kind and appreciative words they have given to me. This has given assurance to the people of Nyeri County. I must thank our Deputy Whip for saying she has confidence that I will take care of the resources of my people.

Last night on the television I said that I have never been associated with corruption. We are told Kshs2 billion is stolen every day in this country. I was listening

to senior counsel when he was talking and wondered how much money he could have given Kenyans if he had sealed the Kshs2 billion. He would have ended up with Kshs730 billion to share among Kenyans. Tell me how much money you would give to the poor. You would give everyone over Kshs100,000 and we would start a new nation within a year by sealing the loophole. An amount of Kshs2 billion daily is Kshs730 billion a year. This is half the total collections of this country because we collect Kshs1.7 trillion. Therefore, I support you senior counsel when he talk about these things, especially sealing corruption.

Corruption is the greatest enemy of this country. It is the single most threatening thing to the lives of Kenyans today and it will remain so until it is sorted out and the criminals are properly punished.

Sen. Omogeni, you are a senior counsel. How come to this day we do not have a single Cabinet Secretary, Governor, Senator, Member of Parliament or Principal Secretary who is in Kamiti Prison for stealing money for drugs? They should be in Kamiti Prison dressed in a kanga. They only thing we would recommend because we are human is that they be given enough ugali. That is the Kenya we want. I have heard your sentiments and I am with you, that we must be serious from now on.

Madam Temporary Speaker, this Bill is about changing the name. I stand to be corrected, but I want you to rule in your judgement - because it appears there may not be enough Members to pass the Bill - that there should be clear documentation to show that the Bill was passed. It is only waiting for the numbers. I believe even in social media we could having many people supporting it. Therefore, I leave it to you, but if you desire it can be deferred to a day when there is enough quorum for the Division.

The Chairperson Standing Committee on Agriculture Livestock and Fisheries, Sen. Ndwiga is also not present. The Bill is dropped from the Order Paper. Next Order.

Second Reading

Order No. 21 is an interesting one. It is my Bill. It is, therefore, deferred. Next Order. Second Reading

Sen. Kasanga was present at some point. If she is not logged in and not physically present, the Bill is also dropped. Next Order.

Second Reading

The Chairperson Standing Committee on Agriculture Livestock and Fisheries, Sen. Ndwiga is also not present. The Bill is dropped from the Order Paper. Next Order.

Second Reading

Order No. 21 is an interesting one. It is my Bill. It is, therefore, deferred. Next Order. Second Reading

Sen. Olekina is not online nor present physically. I am told he requested that the Bill be deferred. It is, therefore, deferred. Next Order. Second Reading

Sen. Nyamunga is not present. The Bill is dropped. Next Order.

The Bill is deferred.

The Chairperson, Standing Committee on Agriculture Livestock and Fisheries, Sen. Ndwiga is not present. The Bill is, therefore, dropped.

Hon. Senators, there being no other business, the House, therefore, stands adjourned until Tuesday, 22nd February, 2022 at

Madam Temporary Speaker, I request that you defer that Bill instead of dropping it. We can put it on the Order Paper on Tuesday.

The Bill is deferred.

The Chairperson, Standing Committee on Agriculture Livestock and Fisheries, Sen. Ndwiga is not present. The Bill is, therefore, dropped.

Hon. Senators, there being no other business, the House, therefore, stands adjourned until Tuesday, 22nd February, 2022 at