Thursday, 29th November, 2018

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Thursday 29th November, 2018:-

Report of the Standing Committee on Finance and Budget on the county government’s infrastructure projects comprising county executive headquarters offices, assembly chambers, offices and county state officers’ residences.

We move on to the next Order.

Mr. Speaker, Sir, I beg to give notice of the following Motion-

THAT, the Senate adopts the report of the Standing Committee on Finance and Budget on the county government’s infrastructure projects comprising county executive headquarters offices, assembly chambers, offices and county state officer’s residence.

Proceed, Sen. (Dr.) Musuruve.

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Mr. Speaker, Sir, it has not been given to me. I thank you for the opportunity. However, I request for a copy from the secretariat so that I can give the notice of Motion.

In that case, let us defer it until you are prepared.

Mr. Speaker, Sir, I seek your indulgence.

Have you gone through it and are you sure of what you want to do?

Mr. Speaker, Sir, I am sure of what I am doing.

Mr. Speaker, Sir, I beg to give notice of the following Motion-

THAT WHEREAS Article 43 (1) (f) of the Constitution of Kenya explicitly provides for the right to education for all; AND WHEREAS Article 24 of the Convention of the Rights of Persons with Disability (CRPD) recognizes the right of persons with disabilities to education without discrimination and on the basis of equal opportunity and that State parties shall ensure an inclusive education system at all levels and lifelong learning directed to among others, the full development of the dignity and human potential of persons with disabilities; NOTING THAT dyslexia is a form of disability that involves difficulty in learning to read or interpret words, letters, and other symbols, but does not affect general intelligence; COGNIZANT THAT with the appropriate intervention, dyslexic children have talents that can be nurtured in an inclusive setting; DEEPLY CONCERNED THAT lack of appropriate curriculum for dyslexic learners in public schools disadvantages such learners resulting to failure to maximize their full potential; NOW THEREFORE the Senate calls upon the national Government through the Ministry of Education to:-

Next Order!

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No. 48 (1) , I rise to seek a Statement from the Standing Committee on Roads and Transportation on the high parking fees charges in institutions that offer public services such as hospitals, schools, malls, among others.

In the Statement the Committee should-

Sen. Wetangula.

Mr. Speaker, Sir, Sen. (Dr.) Abdullahi cannot be so right. Institutions that offer public services have just become money mongers. If you go to Wilson Airport today, and drive in for one hour, as you leave, you pay Kshs200. If you go to Nairobi Hospital, you pay. Everywhere you go, it is just a mania now. As a House that defends the interests of the people of this country, we have to rein in all these parties.

We travel all over the world and airports offer services. They are not an impediment to travelers. When you go to Heathrow, you do not see anybody paying when they are entering or leaving the airport. However, you have to pay at Jomo Kenyatta International Airport, Wilson Airport, Kisumu International Airport, Malindi

A Airport, Moi International Airport, Mombasa and other places. It is like they want to drain the last drop of blood from every Kenyan, and we have to stop this.

Mr. Speaker, Sir, I thank Sen. (Dr.) Abdullahi, the Senator for Wajir, for bringing this request for a Statement. I hope that the Committee will interrogate every public institution that is making it so difficult for the ordinary person in this country to operate.

Sen. Aaron Cheruiyot.

Thank you, Mr. Speaker, Sir. I want to congratulate or rather agree with the issues that are being raised by our colleague, Sen. (Dr.) Ali. To the best of my recollection, the first hospital to carry out this exercise was Aga Khan Hospital in Nairobi. The explanation they gave following the protestations that were coming from citizens was that, that money would be used to run charitable activities within the institution. Of course, nobody audits to find out whether it is true or a lie.

Within a short period of time, every other public space has caught up with this very bad behavior. Even public parks like Uhuru Gardens along Lang’ata Road cannot be accessed until you pay Kshs300, even at 5.30 p.m. These are public spaces and, therefore, it falls upon us, as a House of Parliament to act. One of the dictates of our Constitution is that no other institution apart from Parliament can issue directives that have a force of law.

What they are subjecting people to pay is equivalent to giving a directive that has a force of law. Therefore, as a House, this is something that we urgently need to address and find a long lasting solution to. I hope that the Committee that will look into this will give a long standing solution.

Thank you. Mr. Speaker, Sir.

I want to thank Sen. (Dr.) Ali for coming up with this very important Statement. For those of us who use public and private facilities, and particularly airports, as long as you have entered, there is a tax. Whether or not you are parking you will still pay. Even when there is a flight delay and you go round the airport as you wait for your visitor, you will still pay a particular fee.

Why should this House and Parliament be paying Nairobi Hospital and other hospitals money using our insurance, and they again charge us another fee for going to the hospital itself? What is the mischief for one to put money in a hospital that is already charging for the services they are going to give? Why are they taxing people to come and actually pay for services? Does it mean that they suspect that there are idlers who go to park their vehicles in the hospital, yet they work elsewhere? Is it not possible to track a person who has come to the hospital from the time he arrived and where he is going? I have singled out Nairobi Hospital, but the same applies for Aga Khan Hospital and other private hospitals, yet they are providing an important public service.

I wish they were hearing what we are saying today. I saw one lawyer complaining on social media about this menace. We must provide solutions, as the Senate. We must also know what that charge that is meted on us is as a result of what.

I want to thank Sen. (Dr.) Ali because most of us in this country get angry with things that go wrong, but do nothing about it except lamenting. The few of us, like Sen. (Dr.) Ali, who see problems and think about solutions, must be supported by this House to ensure that we get the right answers.

Thank you, Mr. Speaker, Sir.

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Thank you, Mr. Speaker, Sir. I wish to thank Sen. (Dr.) Ali for bringing this to the attention of the Senate. I did not know how big this is until we had a Petition from Narok County in the last Session. The companies that are collecting this money are making billions of shillings; it is a booming business. In fact, in this case where they are collecting from the airport, they charge their commission in advance. So, they are paid their 10 per cent before they remit the money to the Kenya Airports Authority.

What is actually worrying, like the case of the airport, is whether the Kenya Airports Authority is disclosing this sort of income that they are collecting from cars that are busy getting in and out the airports. It is a business where people are collecting money, whether in national parks, airports, hospitals or shopping centres, and it does not actually make sense. You are charged to go to the shopping centre. Instead of watchmen making sure that you go shopping, their work is to charge you for patronizing shops.

Mr. Speaker, Sir, by the time we unearth this mystery of these airports, you will find that there are certain Kenyans whose business is to wait for people to wake up in the morning and park their cars, and by evening, they are millionaires without doing anything. Therefore, be prepared early to find snakes under the rocks.

Thank you, Mr. Speaker, Sir.

Thank you Mr. Speaker, Sir. I also want to join my colleagues in thanking Sen. (Dr.) Abdullahi for this very timely request for a Statement. This issue is worse than what is appearing in the Statement. I have never seen any country in the world where people drive into supermarkets and they are forced to pay. I have travelled to the United States of America and Australia, and you cannot drive into a mall for shopping, where you are bringing business, and you are forced to pay parking fees. This is a rip-off. Imagine driving into a mall to do shopping, where the tenant pays service charge, and on top of that you pay money that goes to the owner of that building. This is an issue that the Senate should take seriously. We should step in to bring an end to this mistreatment that is meted on Kenyans.

Someone who has gone to a hospital for treatment is again forced to go to their car and look for a parking bay. This should not be allowed to happen. I thank Sen. (Dr.) Abdullahi and appeal to the Members of the Committee that will be charged with this task, to ensure that they bring this to an end. This is not something that we should tolerate as leaders. I do not know who chairs that Committee, but this is something that should be done sooner. We should give Kenyans a Christmas gift.

Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. I also join my colleagues to support the Statement by Sen. (Dr.) Ali. This matter started with shopping malls and the disease spread to hospitals and now to airports, which are all very important public spaces. Whatever it is that motorists drive to the airports, shopping malls or hospitals to do, they are paying for those services. It should not be that when you go to buy groceries in a shopping mall, you are being charged to park your car to buy the groceries.

Mr. Speaker, Sir, I have heard what the Senator for Makueni County has said, that the Committee to which this Statement will be committed should be prepared to deal with snakes under the rocks. I ask that Committee to crash the heads of those snakes in the best interest of motorists and the public in this country.

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Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. I wish to join my colleagues in congratulating Sen. (Dr.) Ali, because this is a very important issue. It is, of course, important for us to regulate what is happening in terms of payment of parking fees.

Mr. Speaker, Sir, if I go to a place nearer my home today, I will come with a parking card that I have paid for. However, after one or two months, the parking company has changed and you end up changing your card every now and then. You then wonder what they are looking for. It is important for the country to regularise this area so that if a parking card is for Nairobi Hospital, it can be used elsewhere. This is because you do not need to have a parking card for Nairobi Hospital, another shopping mall and another one. We, therefore, need to regulate this area. This Statement is, therefore, very critical and timely.

Secondly, Mr. Speaker, Sir, when you go to those parking malls, you will find the security team harassing people. You then wonder what they were looking for in your car because they do not have the requisite equipment for keeping security. They are not regulated and they are not experts in terms of what they are looking for, and you are then subjected to some harassment. We, therefore, need to regulate these issues and stop these shenanigans.

Mr. Speaker, Sir, security is a very important aspect in this county and it is best placed under the relevant ministry to regulate these security agencies who are checking people’s cars in those malls and in other places.

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

Thank you, Mr. Speaker, Sir. Let me start by congratulating Sen. (Dr.) Ali for this very good Statement. I know that the Committee is going to do a good job of interrogating it. This problem does not only affect people in urban areas, but also those of us who come from semi-urban counties like Murang’a.

Mr. Speaker, Sir, like in my region in Murang’a County, there have been a lot of complaints where motorists argue that they pay a lot of money to the counties yet there are no services being rendered by the County. Therefore, they would want the parking fees which are being levied to be commensurate to the services that are being offered to the people.

Mr. Speaker, Sir, I urge the Committee that will be handling this Statement to look at these issues vis-à-vis Murang’a County, and in particular at urban areas like Kangari in Kigumo, Murang’a Town, Kiereini, Mathioya, Kangema in Kangema Constituency; Maragua in Maragua Constituency; Kenol, which is one of the fastest growing regions in Murang’a County; and also Kigwara in Gatanga. There have been a lot of complaints by motorists who use those urban parking slots as to whether, one; the fee being charged is commensurate with the services; and two, whether there is extortion. I, therefore, urge the Committee that, as they consider this Statement, they should hear representations from the people of Murang’a County.

Thank you, Mr. Speaker, Sir. The Speaker (Hon. Lusaka) : Thank you, Sen. Kang’ata.

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We will now receive Statements under Standing Order 51(1)(b). I now call upon the Chairperson of the ad hoc Committee on Maize to issue a Statement relating to the activities of the Committee.

Thank you, Mr. Speaker, Sir. Our Chairperson, Sen. (Prof.) Kamar, is out of the country. I wish to give the Statement, relating to the activities of the ad hoc Committee on the maize crisis on her behalf---

On a point of order, Mr. Speaker, Sir. I am sorry for interrupting my leader. I am just wondering whether the Statement by Sen. (Dr.) Ali has been committed to any Committee.

If it lapses, he may have to bring it up again.

It will lapse.

Proceed,

Sen. (Dr.) Ali, be ready to bring it up yet again in an even stronger version.

On a point of order, Mr. Speaker, Sir. There is a group there, near the entrance, who are making a lot of noise and we cannot hear what Sen. Wetangula is saying. It is comprised of the Majority Leader and his team there.

Leader of Majority, let us consult in low tones.

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

What is your point of order, Sen. Sakaja?

Mr. Speaker, Sir, if I heard right, the good Sen. (Dr.) Ali, who is very experienced, has said that Senators are making noise. As far as I know, Senators do

A not make noise; that will look very bad on the record of his House. Could he, please, clarify what he said? I think they were consulting.

In a group.

Mr. Speaker, Sir, he said they were in a group, yet there are no groups in the House, unless there are strangers in this House. Let him clarify that.

Sen. (Dr.) Ali, can you--- Sen. (Dr.) Ali: There are some Members of the Senate who are discussing in high tones.

That is now correct. Proceed, Sen. Wetangula.

Mr. Speaker, Sir, I will give Sen. (Dr.) Ali pro bono legal services; it is a grouping of Senators.

That is now correct. Proceed, Sen. Wetangula.

Mr. Speaker, Sir, I will give Sen. (Dr.) Ali pro bono legal services; it is a grouping of Senators.

Thank you, Sen. Wetangula. Let us have the Chairperson, Standing Committee on National Cohesion, Equal Opportunity and Regional Integration.

Mr. Speaker, Sir, Standing Order No.51 (1) (b) , provides that at least every three months, the Committee Chairperson is expected to make a Statement relating to activities of the Committee. In fulfilment of this provision, I wish to make a

A Statement in regard to the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration for the period commencing 9th August, 2018 to 9th November,

Thank you, Mr. Speaker, Sir, for the opportunity. I was wondering where my good neighbour, the Senator for Kajiado County, has been but I have realised that he was integrating the EAC.

I wanted this opportunity to make a brief comment about the Committee investigating the affairs of maize. I hope that the Members, who will be left here next

Thank you, Mr. Speaker, Sir, for the opportunity. I was wondering where my good neighbour, the Senator for Kajiado County, has been but I have realised that he was integrating the EAC.

I wanted this opportunity to make a brief comment about the Committee investigating the affairs of maize. I hope that the Members, who will be left here next

What is your point of order Sen. Murkomen?

Mr. Speaker, Sir, over and over again, we have insisted in this House that summonses of Parliament are not debatable. You can come and debate the subject matter. You can think of how you will answer the questions for we cannot force you to give an answer that is tailor made for this House but appearing before the Committee of this House is not debatable. We passed that stage a long time ago.

We had the first term governors, and I do not want to mention their names, who gave us lecturers on how the Senate was too small for them to appear but we sorted that issue a long time ago. No wonder, many governors are now attending the sessions of the Committee on County Public Accounts and Investments because that was where the contention was.

I was shocked when I was informed that a Governor of a party that I belong to and a man that we have tremendous respect to, for he forms part and parcel of the leadership of this country and the Jubilee party, would even contemplate defying orders of this House when you are seated there as the Speaker of the Republic of Kenya. You must take that thing seriously. When Article 125 of the Constitution says that we have the powers of the High Court, it means that we do not need to resort to the High Court to summon someone.

It also means that violation of those summonses leads directly to a situation where you are arrested and charged. The question of explaining whether the summonses were delivered in good time and whether you were served with the summonses or whether you had the notice will then be canvassed in court and at that point in time, you will be facing criminal charges.

In fact, even a Member of another House including a county assembly can be summoned by this House and a Member of this House can also be summoned by the

What is your point of order Sen. Murkomen?

Mr. Speaker, Sir, over and over again, we have insisted in this House that summonses of Parliament are not debatable. You can come and debate the subject matter. You can think of how you will answer the questions for we cannot force you to give an answer that is tailor made for this House but appearing before the Committee of this House is not debatable. We passed that stage a long time ago.

We had the first term governors, and I do not want to mention their names, who gave us lecturers on how the Senate was too small for them to appear but we sorted that issue a long time ago. No wonder, many governors are now attending the sessions of the Committee on County Public Accounts and Investments because that was where the contention was.

I was shocked when I was informed that a Governor of a party that I belong to and a man that we have tremendous respect to, for he forms part and parcel of the leadership of this country and the Jubilee party, would even contemplate defying orders of this House when you are seated there as the Speaker of the Republic of Kenya. You must take that thing seriously. When Article 125 of the Constitution says that we have the powers of the High Court, it means that we do not need to resort to the High Court to summon someone.

It also means that violation of those summonses leads directly to a situation where you are arrested and charged. The question of explaining whether the summonses were delivered in good time and whether you were served with the summonses or whether you had the notice will then be canvassed in court and at that point in time, you will be facing criminal charges.

In fact, even a Member of another House including a county assembly can be summoned by this House and a Member of this House can also be summoned by the

On a point of order Mr. Speaker, Sir.

Okay, before Sen. Wetangula speaks. What is your point of order Sen. Cheruiyot?

Mr. Speaker, Sir, would it not have been in order for the Senate Majority Leader, to tell us who this Governor is, now that he went into great lengths to explain to us that he is a senior leader in a party that he belongs to yet he continues to undermine the great work of the Senate, a House that he leads? That is important for future references because anybody reading the Hansard of this House in another 20 years’ time will not know who this Governor is. He should be named and shamed for them to know that they are under the very watchful eye of the Senate.

Mr. Speaker, Sir, I am reliably informed, and I need the confirmation of your office, that the otherwise good Governor of Murang’a, Governor Mwangi wa Iria, had been invited to come to a Committee of this House to discuss a matter related to water management in this great Republic but he refused. Summons were issued, he defied them. The Inspector General (IG) of Police has written to say he needs a court order before he can arrest the Governor and have him charged in a court of law.

If that is the position, and we are waiting for your correct information on that position, that must be corrected urgently. Even as we do so, the Senator of Murang’a, who is a law-abiding citizen and a lawyer of good standing, was involved in a petition that led to the removal of a senior officer from the Judiciary. Having represented his client, he must also take remedial actions to talk to his Governor and explain to him the gravity of the matter that is before him.

Sen. Mutula Kilonzo Junior, what is your point of information?

Mr. Speaker, Sir, this is not a matter of conjecture. This morning, I saw the letter addressed by the IG, Boinnet to the Committee on Lands, Environment and Natural Resources. We are waiting for your directions from your seat. This is a misconception and misapprehension of the law, where the Senator of this Republic is supposed to go to court to get an order. This could only lead to one thing; that we are subject to the court.

Therefore, Governor Mwangi wa Iria is the assailant; the victim is the Committee on Lands, Environment and Natural Resources, and the Senate, but the perpetrator is IG Boinnet.

Sen. Mutula Kilonzo Junior, what is your point of information?

Mr. Speaker, Sir, this is not a matter of conjecture. This morning, I saw the letter addressed by the IG, Boinnet to the Committee on Lands, Environment and Natural Resources. We are waiting for your directions from your seat. This is a misconception and misapprehension of the law, where the Senator of this Republic is supposed to go to court to get an order. This could only lead to one thing; that we are subject to the court.

Therefore, Governor Mwangi wa Iria is the assailant; the victim is the Committee on Lands, Environment and Natural Resources, and the Senate, but the perpetrator is IG Boinnet.

Thank you, Mr. Speaker, Sir. In the event Governor Mwangi wa Iria is listening, Article 125 (2) of the Constitution, for the purposes of section (1) that gives Parliament the power to summon witnesses, states that a House of Parliament and any of its committees has the same powers as the high court. No qualification, no interpretation. It is as clear and as plain as that.

The Senate Majority Leader should sometimes avoid using unnecessarily flowery language. The Governor of Murang’a was brought here on impeachment and we had his case with gruelling evidence of serial corruption and he escaped under very dubious circumstances.

Sen. Wetangula was on the Floor.

It is factual but let me go to the point, Mr. Speaker, Sir. I join Sen. Mutula Kilonzo Jnr. and Sen. Murkomen in stating that your office should write to the IG and bring to his attention the import of Article 125 of the Constitution. This is not the only case. Last week when your able deputy was in the Chair, we listened rather sympathetically to my distinguished young colleague from Trans Nzoia and a very good friend, Sen. Mbito, whose father is a great friend of mine.

He told us that they have suffered at the hands of a Cabinet Secretary that they are oversighting.

Sen. Kang’ata.

Mr. Speaker, Sir, let me say that the authority of this House is being tested. We need to stand up, as a Senate, and demand that the Governor for Murang’a must attend to the business or adhere to the summons of this august House.

Mr. Speaker, Sir, if we do not honour that summons, we are going to create a very negative precedent. We will find ourselves in a situation where other governors or persons who have been summoned by the Senate fail to come. They will cite that case as a precedent. We have seen several other governors, Cabinet Secretaries and other entities agreeing to the summons of the Senate.

Thank you, Mr. Speaker, Sir. I want to join my colleagues in supporting the fact that the Senate must be respected but again we need to, first of all, look at ourselves. I have an issue on how we execute Standing Order No.48 on requests for Statements from Senators. You will find that when we ask a question and it is referred to a Committee; the chairperson goes to the respective Cabinet Secretary (CS) to seek for answers. Those answers are directly brought to the House without being interrogated.

This has relegated the Chairpersons of Committees to committee clerks, because we are simply forwarding those statements to the chairpersons of committees. They literally run with those statements to the Cabinet Secretaries who give them answers which are not interrogated, to be presented to this House.

I think we need to relook at the manner in which those statements are interrogated. How I wish we should accumulate the statements and cluster them and ask the CS to come and respond to them and that the answers to those statements be tabled in the House in the form of a Report.

Sen. Cheruiyot.

Thank you, Mr. Speaker, Sir. When my good friend, the Senator for Murang’a, Sen. Kang’ata, contributes, he is generally very loud, audible and clear but, today, he was whispering. That tells you how vicious his Governor is, and that his Senator fears him even in Parliament.

Sen. Cheruiyot.

Thank you, Mr. Speaker, Sir. When my good friend, the Senator for Murang’a, Sen. Kang’ata, contributes, he is generally very loud, audible and clear but, today, he was whispering. That tells you how vicious his Governor is, and that his Senator fears him even in Parliament.

Sen. Kang’ata, I think what they are saying is that you need to be consistent in your character and behavior. You must be predictable.

Mr. Speaker Sir. These days, I have decided to be a very good boy. It is unfortunate that when I talk nicely, people start casting negative aspersion against me. When I ask for the Order Paper in the Senators’ WhatsApp group forum, they start asking me questions. Surely, there are honourable Speakers and also the Chief Whip and also Senators here. Even when I do well, they keep asking me questions. Protect me from hon. Senators here.

Mr. Speaker, Sir, it is true that we invited Gov. Mwangi wa Iria to the Committee on Lands, Environment and Natural Resources to answer on water supply in Murang’a, because there was a crisis there. He refused to appear before the Committee and we decided to summon him, which he defied. Therefore, we decided to write to the IG, so that he could bring Mwangi wa Iria to the Senate to answer the same questions. Instead of the IG bringing him to the Senate, he wrote a letter and said that he needs a warrant from the court to arrest and bring Gov. Mwangi Wa Iria before the Senate.

Mr. Speaker, Sir, this is arrogance of the highest order. Gov. Mwangi wa Iria should know that we are elected the way he is. In fact, I got more votes than my Governor in my county, and, therefore, we should learn to respect each other. In any case, we are demanding that this same Governor be brought before the Committee, so that he can answer questions pertaining to the shortage and non-supply of water in Murang’a. The IG should also be educated on law, to know that he does not need any document from the court to arrest Gov. Mwangi wa Iria and bring him before the Committee.

Sen. Cherargei. Sen. Cherargei: Thank you Mr. Speaker, Sir. As the Chairperson of the Committee on Justice, Legal Affairs and Human Rights, we have had serious issues on some of the invitations to some of the people that we need for the purposes and efficiency of the Committee.

Mr. Speaker, Sir, I know that today you will make the Senate proud, by giving directions that will ensure strict compliance with the law. We are doing this in the interest of protecting devolution and service delivery. I know that Sen. Kang’ata brought the issue of water supply in Murang’a and Nairobi counties, so that we could have a closure

Mr. Speaker, Sir, it is true that we invited Gov. Mwangi wa Iria to the Committee on Lands, Environment and Natural Resources to answer on water supply in Murang’a, because there was a crisis there. He refused to appear before the Committee and we decided to summon him, which he defied. Therefore, we decided to write to the IG, so that he could bring Mwangi wa Iria to the Senate to answer the same questions. Instead of the IG bringing him to the Senate, he wrote a letter and said that he needs a warrant from the court to arrest and bring Gov. Mwangi Wa Iria before the Senate.

Mr. Speaker, Sir, this is arrogance of the highest order. Gov. Mwangi wa Iria should know that we are elected the way he is. In fact, I got more votes than my Governor in my county, and, therefore, we should learn to respect each other. In any case, we are demanding that this same Governor be brought before the Committee, so that he can answer questions pertaining to the shortage and non-supply of water in Murang’a. The IG should also be educated on law, to know that he does not need any document from the court to arrest Gov. Mwangi wa Iria and bring him before the Committee.

Thank you Mr. Speaker, Sir. As the Chairperson of the Committee on Justice, Legal Affairs and Human Rights, we have had serious issues on some of the invitations to some of the people that we need for the purposes and efficiency of the Committee. Mr. Speaker, Sir, I know that today you will make the Senate proud, by giving directions that will ensure strict compliance with the law. We are doing this in the interest of protecting devolution and service delivery. I know that Sen. Kang’ata brought the issue of water supply in Murang’a and Nairobi counties, so that we could have a closure

Mr. Speaker, Sir, since a letter has been issued by the IG, I expect your office to issue a response, attaching the summons to the Governor for Murang’a County. The direction you have given is general. The response to the IG should be clear, with summons attached, on his misapprehension of the Constitution and bringing Mwangi wa Iria here by hook or crook.

Mr. Speaker, Sir, in addition to that, I volunteer my Committee of National Security, Defence and Foreign Relations to give the IG and his team a re- orientation on the place of the Senate. Even as we deal with that, it is a matter that we have to take seriously as a Committee, because we oversight the functioning and work of IG. If he can consider what we are saying with so much disdain, because probably it is a

Mr. Speaker, Sir, since a letter has been issued by the IG, I expect your office to issue a response, attaching the summons to the Governor for Murang’a County. The direction you have given is general. The response to the IG should be clear, with summons attached, on his misapprehension of the Constitution and bringing Mwangi wa Iria here by hook or crook.

I think I want to be clear. What is it, Sen. Sakaja?

Mr. Speaker, Sir, in addition to that, I volunteer my Committee of National Security, Defence and Foreign Relations to give the IG and his team a re- orientation on the place of the Senate. Even as we deal with that, it is a matter that we have to take seriously as a Committee, because we oversight the functioning and work of IG. If he can consider what we are saying with so much disdain, because probably it is a

Thank you, Mr. Speaker, Sir. This is a statement relating to the activities of the Standing Committee on National Security, Defense and Foreign Relations, pursuant to Standing Order 51 for the period between 9th August to 9th November, 2018. In the interest of time, I will not introduce the Committee and say the number of Members and how it was formed; that is in the record of the House.

Mr. Speaker, Sir, we have considered a number of Bills during this period as follows-

Thank you Chair, for your brief statement. Proceed, Chairperson of the Senate Standing Committee on Tourism, Trade and Industrialization.

Thank you, Mr. Speaker, Sir. This is a statement relating to the activities of the Standing Committee on National Security, Defense and Foreign Relations, pursuant to Standing Order 51 for the period between 9th August to 9th November, 2018. In the interest of time, I will not introduce the Committee and say the number of Members and how it was formed; that is in the record of the House.

Mr. Speaker, Sir, we have considered a number of Bills during this period as follows-

A be assigned by the Senate Business Committee, and at any other time if so required by the Speaker, make a Statement relating to activities of the Committee. In fulfillment of this provision, I wish to make a statement regarding the Senate Standing Committee on Tourism Trade and Industrialization for the period commencing 9th August, 2018, to 9th November, 2018.

Mr. Speaker, Sir, like my friend, Sen. Sakaja, I will not go into the issues of how the committee was established. During the period, we held at least 15 sittings and one retreat with the Kenya Bureau of Standards (KEBS) and The Anti-Counterfeit Agency (ACA). On reporting on the activities of the Committee, I wish to provide the following

Committee on 20th September, 2018. The Committee invited and met the Principal

Sen. (Dr.) Musuruve, let me give you an opportunity to briefly make your Statement.

A

Committee on 20th September, 2018. The Committee invited and met the Principal

Mr. Speaker, Sir, I want to thank you for this opportunity that you have given me. Pursuant to Standing Order 47 (1) , I rise to make a Statement on an issue of general topical concern on the Special Olympics World Summer Games.

Hon. Speaker, Sir, the Special Olympics World Summer games are a multi-sport event for athletes with intellectual disabilities in the tradition of the Special Olympics Movement.

The Special Olympics Movement is a global movement of people creating a new world of inclusion and community where every single person is accepted and welcomed regardless of ability or disability. These games are held every two years alternating with summer and winter games. The next Special Olympics World Games are scheduled to happen in March 2019 in Abu Dhabi.

This movement was started to give children and persons with intellectual disabilities an opportunity to participate in athletics and provide year-round training and competitions. This has stirred confidence and joy in children and adults with disabilities who are learning coordination, mastering skills, participating in competitions and preparing themselves for more productive lives.

Further, as the movement continues to grow, the joy is that sports is bringing together people with and without intellectual disabilities from every continent. Kenya has participated in previous editions of the Special Olympics. On each occasion, the players have experienced challenges owing to lack of funding and support locally from the Government.

A notable effort has been made in Kenya to enhance the lives of Persons Living with Disabilities (PWDs) . However, more needs to be done, especially in the area of sports and physical activity for PWDs.

Inclusion of PWDs into everyday activities cannot be overstated to enhance their participation in society. It is for this reason that I wish to bring this matter to the attention of the Senate and appeal to the national Government and the relevant Government agencies to support this Special Olympics movement and consider funding participants from Kenya, in terms of training, accommodation, upkeep and insurance.

I can only allow if there is a request. I have seen one. Sen. Mwaruma, you may proceed.

Thank you, Mr. Speaker, Sir, for this opportunity to support the Statement by hon. (Dr.) Musuruve. This issue of inclusivity is something that has been discussed and canvased in all spheres. Even yesterday we talked about voting for women to be included in Parliament. Today we are talking about Special Olympics World

Mr. Speaker, Sir, I am happy that I have been heard. I would wish Senators to comment on this issue. You remember very well just recently when PWDs slept in offices because their issues were not addressed. There is surely need for the Senate to intervene for the purpose of supporting PWDs in sports. Kindly allow Senators to comment for two or three minutes.

I can only allow if there is a request. I have seen one. Sen. Mwaruma, you may proceed.

Thank you, Mr. Speaker, Sir, for this opportunity to support the Statement by hon. (Dr.) Musuruve. This issue of inclusivity is something that has been discussed and canvased in all spheres. Even yesterday we talked about voting for women to be included in Parliament. Today we are talking about Special Olympics World

A Games. The hon. Senator talked about the Government sponsoring PWDs, especially those with intellectual disability to participate in these games.

I have mentioned over and over again that we cannot pretend to be moving forward and developing as a nation when we leave a section of the population behind. In this case, we need to support the PWDs to attend sporting activities because they will do well and make us proud. Maybe we have somebody who is intellectually disabled, but they are physically okay. They can run and play different games. As the Senator is putting it clearly, let us prevail upon the Government to support them to attend these Olympic games.

With those few remarks, I support the Senator.

Sen. Mwaruma, you were bordering on irrelevance, but let me let you off the hook.

Senate Majority Leader, you may proceed.

Thank you, Mr. Speaker, Sir. Hon. Senators, pursuant to Standing Order 52 (1) , I hereby present to the Senate the business of the House for the week commencing Tuesday, 4th December, 2018.

On Tuesday 4th December, 2018, the Senate Business Committee will meet to schedule the business of the Senate for the week, subject to further direction by the House Business Committee. The Senate will on Tuesday 4th December, 2018, consider Bills scheduled for Second Reading at the Committee of the Whole. The Senate will also continue with consideration of business that will not be concluded in today’s Order Paper.

On Wednesday 5th and Thursday 6th December, 2018, the Senate will consider business that will not be concluded on Tuesday and other business scheduled by the House Business Committee.

Hon. Senators, the following Bills are due for Second Reading stage-

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We know that for a long time, some of the centers have operated without registration. This is important especially where a center is giving education and if it is not controlled, it might not be streamlined. It is important to know that in most of these centers, you can find somebody who is not registered or accredited teaching anything in these centers.

This Bill corrects that by ensuring that there is a curriculum. According to this Bill, that curriculum must also be followed by private institutions, which are allowed to operate ECD centers but must do so within the framework of this Bill.

For a long time, we know that in education, when you are educating a child, you are creating an impression about their education and life. Therefore, the issue of quality of education becomes very critical including the type of education that is offered to this child. This Bill specifies, for example, the sort of desks and furniture which is appropriate for the pupils., and teachers must be diploma holders. Thus, right from the beginning, we are handling the education of our children right and ensuring that they have an enabling environment to learn and enjoy.

The issues of swings and the ability to play is very critical. It is impressive that in some of the schools we have gone to, we have seen these students express themselves and talk about their education experience, recite poems and enjoy themselves in those institutions.

For a long time, the issue of employment for these particular teachers has been handled by various agencies. This Bill specifies that they should be employed by the county. So, it is the one that will coordinate that. We also know that there is a specific role that is critical as well for the Teachers Service Commission (TSC). This has been expounded in this Bill.

Another issue which is critical is that there will be a management committee to ensure that the day-to-day running and rationale of the particular center has been put in place. They can project and find out what sort of education they want to give and how they can streamline that education through the specific curriculum.

It also creates context for a generalization, for example, we do not have private institutions that are religiously run imparting a particular type of education which is different from other institutions. This is very clear.

This Bill is critical in ensuring that the right of the child, from the word “go”, is addressed, and the right of the child is at various levels. One of the key issues in this Bill is with regard to people living with disabilities. They should not be subjected to any form of discrimination within the early childhood centers. It goes on to clarify the various levels of disabilities and put a context for how this should be handled within the education system. Thus, everybody is happy to do that and be there.

There are provisions and clauses in this Bill that ensure that no child is discriminated. In fact, there are clauses that address the fact that if a child should be in school and is not in school, then the parent can be fined. The institute needs to also find out why that child is not in school. The Bill spells out the duties and obligations of the headteacher and guardians at various levels.

One of the other important components of this Bill is that it sets a school board so that there is control about the management of the schools within that board and how it can be gauged and expedited.

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It also deals with what to do in cases where the institution does not follow particular rules and where it has also been deregistered. If the process of deregistration is unfair, there is a provision for a tribunal where the institution can appeal to and they will be heard.

There is provision for cancellation of registration altogether and also for mobile schools. We know that this has been a problem in areas where there are pastoralists and students are moving from one place to another. This Bill ensures that there is no excuse why any child should be unable to be in school especially in a system of education and at this early level.

Mr. Deputy Speaker, Sir, it not only touches on the sort of sponsors, but also ties them up within the curriculum that has to be offered in the school and the registration processes for the Early Childhood Development Education (ECDE) centres.

We know of instances where some people have opened ECDE centres in a home and sometimes, in a particular area, maybe where people move up and down. Those areas are not conducive for development and learning of the child. This Bill addresses this at the level of a board, parents and committees within the various boards that are very well established.

Mr. Deputy Speaker, Sir, it also requests for an annual report on governance. The board must give an annual report on governance, raising the various issues that are within the school, including record-keeping and teaching staff. It identifies who the teaching staff are and what the ratio is. It, therefore, addresses all the things, which are very critical and important.

The framework for curriculum is key. The teacher to child ratio as well is very important. Probably the most ingenious part of this Bill is actually in Part VII, which talks about quality assurance. It addresses issues like the safety equipment, for example, ensuring that the type of education that the child receives, right from the outset, will catapult them to a level where they will have an interest in education per se, and they will be able to move in a systematic way up to the highest level.

Mr. Deputy Speaker, Sir, on the issue of public participation, Clause 4 is very clear. There is the right to free and compulsory education, but there is also the right to public participation in the processes that actually bring this process into the fore.

In Clause 5, the county governments’ responsibility is very clearly stated. The same issues are canvassed to ensure that early childhood is well supervised, and the availability and accessibility of these particular education systems. Each county will make sure that the public education centres that are necessary are also created.

Mr. Deputy Speaker, Sir, for a long time, especially in many of the counties, there is no interest generally from education personnel in terms of the sort of education that is offered in ECDEs. The only difference is that there was no Bill to manage that. In terms of the infrastructure, everything that is given out is very clear now. It enables particular centres to go out of their way and follow the stipulations that have been given in this specific Bill. Therefore, there is no aspect that is left out; be it registration, process, provision, the curriculum or how to appeal for a particular registration process that has been set out. All these have been well canvassed within the Bill.

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Mr. Deputy Speaker, Sir, Clause 33 canvasses the issue of Parents, Teachers Associations (PTAs) so that they can send the qualification process and follow through the expectations that are meant to be there.

Part VI is very critical on accreditation, the processes and specific ways that the same will be made. If it needs to be accredited, it has to be looked at, to ensure that the life and the level of education that is being given, can be transferred into an ECDE centre and be promptly and adequately available for the students at that level.

Mr. Deputy Speaker, Sir, I do not want to over-deliberate the importance of this Bill. The necessary clauses have been covered. This Bill seeks to ensure that ECDE centres now have a framework through which they can hinge ECDE education in this country. This is key for us and the children of this country.

I beg to support.

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It also deals with what to do in cases where the institution does not follow particular rules and where it has also been deregistered. If the process of deregistration is unfair, there is a provision for a tribunal where the institution can appeal to and they will be heard.

There is provision for cancellation of registration altogether and also for mobile schools. We know that this has been a problem in areas where there are pastoralists and students are moving from one place to another. This Bill ensures that there is no excuse why any child should be unable to be in school especially in a system of education and at this early level.

Mr. Deputy Speaker, Sir, it not only touches on the sort of sponsors, but also ties them up within the curriculum that has to be offered in the school and the registration processes for the Early Childhood Development Education (ECDE) centres.

We know of instances where some people have opened ECDE centres in a home and sometimes, in a particular area, maybe where people move up and down. Those areas are not conducive for development and learning of the child. This Bill addresses this at the level of a board, parents and committees within the various boards that are very well established.

Mr. Deputy Speaker, Sir, it also requests for an annual report on governance. The board must give an annual report on governance, raising the various issues that are within the school, including record-keeping and teaching staff. It identifies who the teaching staff are and what the ratio is. It, therefore, addresses all the things, which are very critical and important.

The framework for curriculum is key. The teacher to child ratio as well is very important. Probably the most ingenious part of this Bill is actually in Part VII, which talks about quality assurance. It addresses issues like the safety equipment, for example, ensuring that the type of education that the child receives, right from the outset, will catapult them to a level where they will have an interest in education per se, and they will be able to move in a systematic way up to the highest level.

Mr. Deputy Speaker, Sir, on the issue of public participation, Clause 4 is very clear. There is the right to free and compulsory education, but there is also the right to public participation in the processes that actually bring this process into the fore.

In Clause 5, the county governments’ responsibility is very clearly stated. The same issues are canvassed to ensure that early childhood is well supervised, and the availability and accessibility of these particular education systems. Each county will make sure that the public education centres that are necessary are also created.

Mr. Deputy Speaker, Sir, for a long time, especially in many of the counties, there is no interest generally from education personnel in terms of the sort of education that is offered in ECDEs. The only difference is that there was no Bill to manage that. In terms of the infrastructure, everything that is given out is very clear now. It enables particular centres to go out of their way and follow the stipulations that have been given in this specific Bill. Therefore, there is no aspect that is left out; be it registration, process, provision, the curriculum or how to appeal for a particular registration process that has been set out. All these have been well canvassed within the Bill.

Order, Sen. (Eng.) Mahamud.

Mr. Deputy Speaker, Sir, again, thank you for giving me the opportunity to contribute to this very important Bill. The Bill is set to provide a framework for the implementation of early childhood education, as stipulated in the Fourth Schedule of our Constitution.

Under the Fourth Schedule of the Constitution, county governments are mandated to undertake and implement early childhood programmes in this country. In fact, for the first time, this Bill sets out that framework that lists what needs to be done in terms of implementing the requirement of that Schedule.

Mr. Deputy Speaker, Sir, Article 53 of the Constitution requires that every child must get access to free basic education, which includes early childhood education. This Bill also confers various obligations on the county governments, parents or guardians and teachers in ensuring that the right to early childhood education is realized.

Hitherto, the establishment and running of early childhood programmes or what is called nursery schools has not been very much coordinated in some parts of this country. In fact, in some places, they are not even there. Children go straight to Class One. So, this framework is important because it will ensure that children get access to early childhood education, before they go to primary school.

Mr. Deputy Speaker, Sir, the Bill is very elaborate in the sense that it gives the criteria for registration of early childhood education centres, so that they are not just buildings somewhere. They will have to follow some regulations. They will be properly registered and fulfill the requirements of the law.

In fact, the furniture, equipment, classrooms and sanitary facilities that are supposed to be given are all listed in this Bill. Our early childhood education learners will benefit a lot if this particular Bill is passed.

Mr. Deputy Speaker, Sir, thank you very much for giving me the chance to contribute to this very important Bill. The Bill seeks to---.

Order, Sen. (Eng.) Mahamud.

Mr. Deputy Speaker, Sir, again, thank you for giving me the opportunity to contribute to this very important Bill. The Bill is set to provide a framework for the implementation of early childhood education, as stipulated in the Fourth Schedule of our Constitution.

Under the Fourth Schedule of the Constitution, county governments are mandated to undertake and implement early childhood programmes in this country. In fact, for the first time, this Bill sets out that framework that lists what needs to be done in terms of implementing the requirement of that Schedule.

Mr. Deputy Speaker, Sir, Article 53 of the Constitution requires that every child must get access to free basic education, which includes early childhood education. This Bill also confers various obligations on the county governments, parents or guardians and teachers in ensuring that the right to early childhood education is realized.

Hitherto, the establishment and running of early childhood programmes or what is called nursery schools has not been very much coordinated in some parts of this country. In fact, in some places, they are not even there. Children go straight to Class One. So, this framework is important because it will ensure that children get access to early childhood education, before they go to primary school.

Mr. Deputy Speaker, Sir, the Bill is very elaborate in the sense that it gives the criteria for registration of early childhood education centres, so that they are not just buildings somewhere. They will have to follow some regulations. They will be properly registered and fulfill the requirements of the law.

In fact, the furniture, equipment, classrooms and sanitary facilities that are supposed to be given are all listed in this Bill. Our early childhood education learners will benefit a lot if this particular Bill is passed.

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Mr. Deputy Speaker, Sir, the Bill also provides for the management of Early Childhood Education Centres. It provides for the establishment of boards to manage Early Childhood Centres, in collaboration with the county education boards. It also provides that should anybody who establishes an early childhood programme want to implement foreign curriculum, they must follow a certain process in order to comply. The education board shall maintain a register of all accredited education centres.

The standard and the quality of education that is imparted to the children in those centres is also a requirement, so that quality is ensured. There is a standardized curriculum that is followed by all early childhood learners and once they come out of the centres, they are prepared accordingly.

Mr. Deputy Speaker, Sir, the Bill tries to outline the safety requirements in those centres, since they deal with children. There must be proper safety requirements. Children being what they are, must be given the right environment to play and act as children.

Mr. Deputy Speaker, Sir, this is a very important Bill and the mandate of counties, under the Fourth Schedule is limited to early childhood programmes. So, there is no reason they should not undertake this programme, in terms of making sure that the infrastructure, the staffing and whatever else that is indicated in the Bill, is undertaken. This is a Bill that must be supported and the sooner we pass it the better.

With those many remarks, I beg to support.

A seen counties employing teachers and giving them letters designating them to particular schools with no provision that they may be transferred to other ECDE establishments.

Clause 22 mentions that such teachers must be qualified and registered by the TSC but there is little mention of the curriculum standards of training teachers that must also be provided for.

Mr. Deputy Speaker, Sir, in Part IV on the management of these institutions, the Bill is just a cut and paste which is wrong and unhelpful. For example, Clause 29 is lifted to standard Bills about boards of management. When the Bill says that the board of management of an ECDE establishment will have the power to borrow money. What are they borrowing money for?

These are small institutions which are funded by the county and have no pressure to borrow because, for example, the classrooms are built by the counties. Therefore, such innocuous provisions should not find a way in this Bill.

In Clause 29 (2) the Bill states that- “The board of management shall be a body corporate with perpetual succession and a common seal and shall in its corporate, be capable of-

A imprisonments. This is because if people in the villages are fined Kshs300, they will not be able to raise it, they will just end up in jail.

Therefore, I propose that Clause 7 be recast so that parents who break the law by not taking their children to ECDE classes are named, shamed and punished through community service. They could, for example, be made to sweep markets or cut grass in schools so that other children can see that they are the offenders and they be brought to order. However, I will not go the route that the Bill proposes of fining or sending somebody to jail for a period of one year.

Mr. Deputy Speaker, Sir, the parent being sent to jail could be the only provider for the family. So, the child will be deprived much more than education by jailing the father or mother for one year. Sometimes, we have single parents. Therefore, if we jail a single parent, who will take care of the child? Therefore, this provision of fines and custodial sentence should be removed altogether.

I say this because being a professor of law yourself, you know the risk of misapplying the law. You will find over-enthusiastic law enforcers dragging parents to court and when they get to court, it has a tendency of imposing the slightest fine but with an alternative custodial sentence to people who cannot afford.

Mr. Deputy Speaker, Sir, I also support the provisions of Clause 8 on the duties of the head teachers in maintaining proper records in school and making sure that children who go to school get the correct facilities. It is very important in terms of standardization. Although ECDE centres are domiciled in the counties, for purposes of shaping our children in a unitary state like we have, to have uniform standards for Mandera, Nairobi, Bungoma, Tharaka-Nithi, Bomet and everywhere else. ECDE teachers must be trained with a common curriculum in those colleges.

I see no mention by the sponsor of the Bill of training curriculum in the school for ECDE teachers. I want the provisions in the Bill to also provide for a standard curriculum for ECDE teachers. Such that an ECDE teacher trained in Turkana is the same as one teacher trained in Murang’a, Nairobi and elsewhere. This will help them start off the foundation of children at the same level. They either get it right early enough or ruin the children forever.

Mr. Deputy Speaker, Sir, you may recall that in the old days - this is also not provided although there is a casual mention of culture and so on -when we were going to school from pre-primary to standard four, we used to be taught in vernacular. Therefore, people are also meant to understand their cultural activities, orientation and language.

Our Constitution recognizes that we are different nationalities in terms of culture. There is no point to deny children in Turkana an opportunity to learn Turkana language at their formative stages or in Bomet to learn Kipsigis language which is a dominant language and so on. We must have uniform standards for teachers.

Mr. Deputy Speaker, Sir, even if the management of these schools is under the counties, they set up boards of management to ensure that facilities are readily available. However, I encourage ECDE teachers to find a way of being part of the Teachers Service Commission (TSC) for purposes of standardization. Such teachers, within the context of the counties, should be transferable from one school to another so that they do not become owners and fixtures in the school once they are employed. This is because I have

A seen counties employing teachers and giving them letters designating them to particular schools with no provision that they may be transferred to other ECDE establishments.

Clause 22 mentions that such teachers must be qualified and registered by the TSC but there is little mention of the curriculum standards of training teachers that must also be provided for.

Mr. Deputy Speaker, Sir, in Part IV on the management of these institutions, the Bill is just a cut and paste which is wrong and unhelpful. For example, Clause 29 is lifted to standard Bills about boards of management. When the Bill says that the board of management of an ECDE establishment will have the power to borrow money. What are they borrowing money for?

These are small institutions which are funded by the county and have no pressure to borrow because, for example, the classrooms are built by the counties. Therefore, such innocuous provisions should not find a way in this Bill.

In Clause 29 (2) the Bill states that- “The board of management shall be a body corporate with perpetual succession and a common seal and shall in its corporate, be capable of-

Thank you, Sen. Wetangula for very interesting remarks. I hope the Mover is noting some of the input.

Sen. Wetangula, in your usual manner, the graphic nature of militarization phenomena is quite intriguing. I want to, perhaps, ask you to consider the recommendation you have made about transition. This is because we, as a House, the recommendations we make must be in tandem with the overall structure of our Constitution. Basic education under Article 53 (1) (c) of the Constitution is free and compulsory. Basic education is defined as studies up to secondary education. I think the Minister could have been using that imperative to force every child to have basic education. However, that is food for thought.

Very well. I thank you, Sen. Wetangula. Proceed, Sen. (Dr.) Musuruve.

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This is a good Bill for it is also speaking on the issue of disability. Sen. Wetangula has mentioned that the issue of disability is an issue that is important. He has mentioned that he has significant others who have disabilities. I am happy because this Bill is speaking on issues of disability and children with disabilities. However, I want to bring it to the Floor of this House that there is need for the Senate, through the

Committee on Education, to interrogate this issue. The Committee should go to the

Thank you, Mr. Deputy Speaker, Sir, for this opportunity. From the onset, I want to congratulate the Chairperson of the Committee on Education, Sen. (Dr.) Langat, the Senator of the great County of Bomet. This is long overdue.

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One of the key functions that forms the basis of our lives and that of our children is basic education and this is there in Article 53(b) of the Constitution. Apart from the right to nationality, name and recognition and family, one of the key aspects is the right to basic education. Article 53 has been well captured and it has been given some breadth of life by the County Early Childhood Education Bill (Senate Bills No. 26 of 2018).

I know that most counties have enacted, in their own way at county assemblies, various legislations that regulate how ECD’s operate. ECD has been a serious issue at the grass root level. I want to agree with most of my colleagues that the foundation of any child in his education life is key to the success of both primary and secondary education which also includes higher learning or college education. Any child who has had a proper foundation in terms of basic education will always have a better understanding of anything that they encounter either at primary or secondary level and that is key.

In this country, ECD has been taken very seriously. When I was growing up, the only thing that you could do at ECD was mould using clay. In those days, they used one’s height to clear them to move to the next class and one needed to touch their ears to qualify class one. Unfortunately, because of my stature, I almost stayed in nursery school for five years.

Therefore, I think that this is the right law for us not to have, so as not to ask our children to hold their hands across their head to touch their ears for them to be cleared to move to the next class. I did not know that education was about the mind and the capacity of understanding. I used to think that it was mechanical but I now agree that it is good for us to have the law in place. I support.

The Bill is to provide a framework for establishment of development, culturally and linguistically. I know that there was a Petition that was brought by the great people of Homa Bay, where Sen. M. Kajwang’ hails from, on the issue of linguistic. I remember my parents telling me that they used to be taught in their local dialect. As a country, when we lose our identity, we no longer have a signature of who we are. I want to commend the Chairperson because by including this aspect of culture, we will be able to understand where we are coming from and where we are going. It will also help us to understand the reason as to why we are different. We will understand the reason as to why I come from a certain part of the country and why you and Sen. Mwaruma come from a different part of the country. As a Senate, we are giving meaning to our identity and we should respect the diversity that we have as a country, going forward.

Mr. Deputy Speaker, Sir, Clause 4 is very important, and I had seen Sen. Kang’ata, because it is the right to free and compulsory basic education---. Under the Bill of Rights, this is very key because it is the basic. I know some of the Senators have closed the business of siring children, but those people who are still siring like yours truly, should be very conversant with the law. Sen. Kang’ata is here and he was blessed the other day when he solemnized his marriage in church. I know he is in the process of baby making. So, we should pass this very important law that will assist most of our children to get everything right.

On the aspect of public participation, if there is anything that is a blessing in this Constitution, it is public participation, where the public is given priority based on need assessment. Even as we discuss about the Public Participation Bill, which is before this House and come up with how it should be conducted, this is very key. I hope it will be

Committee on Education, to interrogate this issue. The Committee should go to the

A implemented because when you look at Article 10 of the Constitution on national values and principles of good governance, it is very critical in implementation, monitoring and evaluation of policies. I know parents and guardians will have an opportunity to do that.

Mr. Deputy Speaker, Sir, Clause 4(c) speaks on the holistic approach towards meeting education and other development needs. I think Sen. (Dr.) Musuruve and most Senators have canvassed that our children need to grow up in a less toxic environment. When we say holistic, it means that apart from ensuring that they develop mentally, they should also develop in terms of capacity of understanding, knowledge and ability. That is what this Bill is trying to bring out.

Where I come from, we used to wonder why my brothers from the region Sen. M. Kajwang’ represents were brilliant than all of us, there was a perception that fish has a unique component that makes them more learned than where I come from. We did not know that until the other day, when we learnt in biology in high school. Most of the learned people in this country, courtesy of Sen. M. Kajwang’, come from his region. However, we did not understand that it involves a holistic approach on the development, ability and understanding of the child.

The recognition of parents and family of the child as the primary caregivers is important. It is so sad in this country when you walk around, you will find children that have been abandoned, and are doing child enslavement. Yours truly will be part of the process on enactment with my Committee on Justice, Legal Affairs and Human Rights, on the issue of servitude or modern slavery. You find the biggest victims of modern slavery are young children. It means that the primary caregivers; that is, the parents and guardians, have abandoned their responsibility.

The school holidays are on now, and as you walk across anywhere and you find people who are in traffic jams or where you park your vehicle, asking for Kshs10 and Kshs20 are young children. Which means that we are denying those children the opportunity to grow up in the right environment. The recognition of the parents is very critical. That is why there was the thorny issue of early teenage pregnancies. It is because there is an abdication of the role by the primary caregivers.

I agree that parents and guardians should play a critical role. I know there are amendments being proposed by the National Assembly on adoption of children. I hope some of those proposed amendments will address the issue of modern slavery and servitude, so that our children are not exposed, but given primary care.

When we were growing up, where I come from in my small village called Kapkeben in Mosoriot, Nandi County, if you messed up while herding cattle, anybody could beat you up. This meant that it was a communal issue and role to ensure that children grow up as mature, disciplined and responsible persons. If we, as parents and guardians could take care of our roles as parents, we could have less of early childhood pregnancies.

If you visit our prisons, you will find juveniles who have been convicted because of crime. We need them to be more responsible citizens. In addition, we could have a less free corrupt society in this country. However, because we are as corrupt as early as childhood, that is why by the time you grow up, people become gurus of corruption, because we are stealing sugar, doing small mistakes as children and no one is preventing us.

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I agree that the recognition of parents is very key in ensuring that interventions are based on objective information and methods that monitoring mechanisms and regular evaluations are established, thus ensuring transparency in public management, social ethics and taking into account the needs of the population. Social audit is a very key word there even in issues of learning. Apart from the audit that we normally do in the traditional way, social audit is key. We have had instances where parents complain that money has not been properly utilized in these ECDs.

When you go to Clause 5, every child has the right to free and compulsory early childhood education in a public education center. It has been specific because, with the inception of 2003 Free Primary Education (FPE), early childhood should be in a public education center. There is a perception in this county that any public institution is full of inefficiency, lethargy and moribund.

As county governments take over this role, the public ECD centers---. I hope the mover of this Motion, Sen. (Dr.) Langat, will ensure that they follow up on the quality education that they offer at public ECD centers so that the signature of public institutions that has been captured in this country; that it is lethargic, inefficient, moribund and cannot give something good, can be disapproved.

On the issue of discrimination, no one should be discriminated under the Bill of Rights. I agree with my very good, Sen. (Dr.) Musuruve, that we should not discriminate children living with disabilities, which is very key. I agree there should be a raft of amendments to ensure that we provide a disability friendly environment for them. I have read through the Bill and there is nowhere we have in ECD centers provided that it should be disability friendly under the Disability Act. This will help children with disabilities or are challenged can access those ECD centers.

Even as our county governments construct ECD centers, they should ensure that they are disability-friendly for our children. I join Sen. (Dr.) Musuruve in emphasizing that key aspect.

Mr. Deputy Speaker, Sir, maybe to run through, the right to early childhood education, the county government shall---. I hope the county respects, promotes, monitors, supervises and refrains from actions that undermine access to early childhood education. I hope they will ensure that the early childhood centers are children friendly, meet the standards of curriculum and the standards of public health which are provided through maybe other bodies that are relevant in the running of education sector through the Teachers Service Commission (TSC), Ministry of Education at the national level and the Ministry of Education at the county level. The governors across the country must rise up to this occasion and ensure that the basic education that our children get at early childhood education centers is of good quality and has the foundation that can turn them into good citizens.

Clause 6 provides that each county government shall, in promoting the right to early childhood education, provide for free and compulsory early childhood education in public education centers within the county. The county governments across the 47 counties should ensure that they construct early childhood development (ECD) centers within the reach of many children. We should not have children travelling for long distances to get education.

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The county governments shall also formulate programmes and plans, and implement policies for the realization of the right to early childhood education.

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I agree that the recognition of parents is very key in ensuring that interventions are based on objective information and methods that monitoring mechanisms and regular evaluations are established, thus ensuring transparency in public management, social ethics and taking into account the needs of the population. Social audit is a very key word there even in issues of learning. Apart from the audit that we normally do in the traditional way, social audit is key. We have had instances where parents complain that money has not been properly utilized in these ECDs.

When you go to Clause 5, every child has the right to free and compulsory early childhood education in a public education center. It has been specific because, with the inception of 2003 Free Primary Education (FPE), early childhood should be in a public education center. There is a perception in this county that any public institution is full of inefficiency, lethargy and moribund.

As county governments take over this role, the public ECD centers---. I hope the mover of this Motion, Sen. (Dr.) Langat, will ensure that they follow up on the quality education that they offer at public ECD centers so that the signature of public institutions that has been captured in this country; that it is lethargic, inefficient, moribund and cannot give something good, can be disapproved.

On the issue of discrimination, no one should be discriminated under the Bill of Rights. I agree with my very good, Sen. (Dr.) Musuruve, that we should not discriminate children living with disabilities, which is very key. I agree there should be a raft of amendments to ensure that we provide a disability friendly environment for them. I have read through the Bill and there is nowhere we have in ECD centers provided that it should be disability friendly under the Disability Act. This will help children with disabilities or are challenged can access those ECD centers.

Even as our county governments construct ECD centers, they should ensure that they are disability-friendly for our children. I join Sen. (Dr.) Musuruve in emphasizing that key aspect.

Mr. Deputy Speaker, Sir, maybe to run through, the right to early childhood education, the county government shall---. I hope the county respects, promotes, monitors, supervises and refrains from actions that undermine access to early childhood education. I hope they will ensure that the early childhood centers are children friendly, meet the standards of curriculum and the standards of public health which are provided through maybe other bodies that are relevant in the running of education sector through the Teachers Service Commission (TSC), Ministry of Education at the national level and the Ministry of Education at the county level. The governors across the country must rise up to this occasion and ensure that the basic education that our children get at early childhood education centers is of good quality and has the foundation that can turn them into good citizens.

Clause 6 provides that each county government shall, in promoting the right to early childhood education, provide for free and compulsory early childhood education in public education centers within the county. The county governments across the 47 counties should ensure that they construct early childhood development (ECD) centers within the reach of many children. We should not have children travelling for long distances to get education.

Order!

I will proceed with your guidance, Mr. Deputy Speaker, Sir. As I have said, early childhood education centres are key. Clause 6 goes further to say that county governments shall provide development of education centers for administration of childhood education within the counties. It also deals with issues provided for under the bill of rights, including marginalization and public awareness. The Bill also deals with the duty of parents and guardians, which I have elaborated.

There is the thorny issue of hiring of early childhood education teachers. There is a tussle between the Teachers Service Commission (TSC) and county governments. I hope we will get a standardized way of employing early childhood education teachers across the country, so that we do not employ teachers who teach DICECE or Montessori. We should have a standard.

Mr. Deputy Speaker, Sir, I hope that Sen. (Dr.) Langat is taking notes. We should factor in the issue of curriculum. Which curriculum will we follow? Will Nandi County, for example, have a different curriculum from Tharaka-Nithi County or Nakuru County?

On the code of ethics, we should be guided by the TSC, which already has a code of ethics. If we standardize the way we employ teachers, we can agree on the code of ethics.

Mr. Deputy Speaker, Sir, when we register education centers it will be easy for the Cabinet Secretary (CS) for Education, in collaboration with the county governments, to monitor the transition rate from early childhood education centers that we have across the country to Class One. This was a brilliant idea. Of course, the sponsor of this Bill is a former don and so, he understands these things.

On the issue of private early childhood education centers, there should be tougher requirements. This is because you will find some early childhood education centres

Mr. Deputy Speaker, Sir, in that spirit, I hope that you will add me a few more minutes.

Order!

I will proceed with your guidance, Mr. Deputy Speaker, Sir. As I have said, early childhood education centres are key. Clause 6 goes further to say that county governments shall provide development of education centers for administration of childhood education within the counties. It also deals with issues provided for under the bill of rights, including marginalization and public awareness. The Bill also deals with the duty of parents and guardians, which I have elaborated.

There is the thorny issue of hiring of early childhood education teachers. There is a tussle between the Teachers Service Commission (TSC) and county governments. I hope we will get a standardized way of employing early childhood education teachers across the country, so that we do not employ teachers who teach DICECE or Montessori. We should have a standard.

Mr. Deputy Speaker, Sir, I hope that Sen. (Dr.) Langat is taking notes. We should factor in the issue of curriculum. Which curriculum will we follow? Will Nandi County, for example, have a different curriculum from Tharaka-Nithi County or Nakuru County?

On the code of ethics, we should be guided by the TSC, which already has a code of ethics. If we standardize the way we employ teachers, we can agree on the code of ethics.

Mr. Deputy Speaker, Sir, when we register education centers it will be easy for the Cabinet Secretary (CS) for Education, in collaboration with the county governments, to monitor the transition rate from early childhood education centers that we have across the country to Class One. This was a brilliant idea. Of course, the sponsor of this Bill is a former don and so, he understands these things.

On the issue of private early childhood education centers, there should be tougher requirements. This is because you will find some early childhood education centres

Thank you Mr. Deputy Speaker Sir, I was saying that---

What is it Senate Majority Whip?

On a point of order, Mr. Deputy Speaker Sir. In the interest of time and given the many Bills that have not found their way to the Floor, including The Transportation Bill, Energy Bill, Petroleum Bill and all other Bills that have not had debate time--- Also aware that we will go on recess next week, on 6th December, 2018, I ask for your guidance whether it will be in order to reduce the speaking time, so that we can complete the work for today and dispose of the other important Bills remaining next week.

Thank you.

Order! Majority Whip, your boss, the Senate Majority Leader sits in the Senate Business Committee (SBC) . This issue has been

What is it Senate Majority Whip?

On a point of order, Mr. Deputy Speaker Sir. In the interest of time and given the many Bills that have not found their way to the Floor, including The Transportation Bill, Energy Bill, Petroleum Bill and all other Bills that have not had debate time--- Also aware that we will go on recess next week, on 6th December, 2018, I ask for your guidance whether it will be in order to reduce the speaking time, so that we can complete the work for today and dispose of the other important Bills remaining next week.

Thank you.

Order! Majority Whip, your boss, the Senate Majority Leader sits in the Senate Business Committee (SBC) . This issue has been

First, this Bill is likely to be unconstitutional, because the only body that is mandated to employ, register and pay teachers is the Teachers Service Commission (TSC) . My county employed Early Childhood Development Education (ECDE) teachers, but they call them ‘caregivers.’ Therefore, it is likely that we might have to change this and say that these are not teachers but caregivers, so that it does not run in contravention with Article 237 of the Constitution that forms the TSC.

Secondly, Clause36 (1) (a) of the County Early Childhood Education Bill 2018 states that-

“A person is qualified for employment as an early childhood education teacher if such person —

Thank you, Sen. Mwaruma. I hope the mover is taking note of those very useful suggestions.

Proceed, Sen. Moses Kajwang.’

Thank you, Mr. Deputy Speaker, Sir. I rise to support this

Bill on County Early Childhood Education. We discussed this Bill in the last Parliament,

First, this Bill is likely to be unconstitutional, because the only body that is mandated to employ, register and pay teachers is the Teachers Service Commission (TSC) . My county employed Early Childhood Development Education (ECDE) teachers, but they call them ‘caregivers.’ Therefore, it is likely that we might have to change this and say that these are not teachers but caregivers, so that it does not run in contravention with Article 237 of the Constitution that forms the TSC.

Secondly, Clause36 (1) (a) of the County Early Childhood Education Bill 2018 states that-

“A person is qualified for employment as an early childhood education teacher if such person —

A

Mr. Deputy Speaker, Sir, we need to ensure that the obligations of county governments, as stated in this Bill, are faithfully and firmly implemented. These obligations are to provide free, compulsory and quality education; and to provide the infrastructure.

Mr. Deputy Speaker, Sir, this Bill also talks of the duty of parents and guardians. Interestingly, it says that any parent who does not take their children to free primary school shall, upon conviction, be given a fine of Kshs10,000 or shall be subjected to one year in prison or to community service as the judicial officer might determine. However, there is a contradiction because in Clause 6 of the Bill that spells out the fines, jail terms and community service, Clause 8 says when a head teacher establishes that a parent has not brought a child to school without any good reason, that parent shall be subjected, upon conviction, to a fine of Kshs10,000 or to a jail time of one year. That Clause does not provide the option for community service.

Mr. Deputy Speaker, Sir, our prisons, correctional institutions and facilities are bursting the seams with all sorts of offenders; like sexual offenders, chicken and land thieves and the corrupt. It would be sad when a parent or a pastoralist parent who, for reasons of illiteracy and ignorance, has not been able to send the child to school and is taken to Kodiaga or Kamiti Prison to sit there with all sorts of offenders. We need to emphasize on community service as an alternative punishment for parents who do not take their children to school.

The other question that this Bill has not addressed is this: What if a county fails to fulfil its obligations? There is a penalty for parents who fail to fulfil their obligations; but what if the county does not provide the infrastructure and facilities and, as a result, the nearest school could be 10 kilometres away? What happens to the county? We need to say that the County Executive Committee (CEC) Member in charge of Education must be held responsible if the county fails to fulfil its obligation---

Conclude, Sen. M. Kajwang’.

Bill on County Early Childhood Education. We discussed this Bill in the last Parliament,

Thank you, Mr. Deputy Speaker, Sir, for the opportunity to contribute to this very important Bill on ECDE. I congratulate the Chairman of the

Committee on Education for bringing up this Bill for two reasons. One, ECDE is a mess

Conclude, Sen. M. Kajwang’.

Thank you, Mr. Deputy Speaker, Sir. I was trying to wrap it up within the five minutes that you gave me, and I see that I have done two minutes.

A

Committee on Education for bringing up this Bill for two reasons. One, ECDE is a mess

Sen. Wambua, do you know you have a time limit? I have already given some directions. You have two minutes or thereabout left.

Mr. Deputy Speaker, Sir, is it four minutes?

Order! Hon. Senator, you have three minutes to make your contribution.

Mr. Deputy Speaker, Sir, you have reduced mine. I will do so in one minute.

In my view, other than the function of health, this function is one of those things that this Senate must leave a mark in history that we have supported. I am a little disappointed with us. This afternoon, we have tabled a report here about governor’s houses of Kshs45 million, speaker’s houses of Kshs35 million and deputy governor’s houses of Kshs35 million too.

The other time we passed a Motion for construction of county headquarters. Some have a budget of Kshs800 million and Kshs1 billion. We have been in this House with you, Chair, for the last six years. However, there is no one time we requested for a conditional grant that would enable counties uplift this sort of education. These are the formative years of these children and we are not doing enough.

We must do something tangible because counties are paying lip service to ECDE. My county, for example, has a budget Kshs3 million to do an ECDE class. It is the biggest joke on earth. They are providing plastic seats for those children. The worst thing you can ever imagine. The schools you see in Nairobi when Sen. Sakaja and I frequent are simple ECDE classes. They are very expensive, but very simple structures. This Senate must set a standard. Every county must have a model ECDE class. If I was to sit in Makueni County, I would make sure that we have a modern model ECDE class that would cost little, that would inform these children on the value of education. Otherwise, we are concentrating on brick and mortar. We are not promoting this very important aspect.

I call upon the Mover to reply in summary.

Mr. Deputy Speaker, Sir, thank you for giving me this opportunity. I want to immensely thank the Members for all their contributions.

Mr. Deputy Speaker, Sir, you have reduced mine. I will do so in one minute.

In my view, other than the function of health, this function is one of those things that this Senate must leave a mark in history that we have supported. I am a little disappointed with us. This afternoon, we have tabled a report here about governor’s houses of Kshs45 million, speaker’s houses of Kshs35 million and deputy governor’s houses of Kshs35 million too.

The other time we passed a Motion for construction of county headquarters. Some have a budget of Kshs800 million and Kshs1 billion. We have been in this House with you, Chair, for the last six years. However, there is no one time we requested for a conditional grant that would enable counties uplift this sort of education. These are the formative years of these children and we are not doing enough.

We must do something tangible because counties are paying lip service to ECDE. My county, for example, has a budget Kshs3 million to do an ECDE class. It is the biggest joke on earth. They are providing plastic seats for those children. The worst thing you can ever imagine. The schools you see in Nairobi when Sen. Sakaja and I frequent are simple ECDE classes. They are very expensive, but very simple structures. This Senate must set a standard. Every county must have a model ECDE class. If I was to sit in Makueni County, I would make sure that we have a modern model ECDE class that would cost little, that would inform these children on the value of education. Otherwise, we are concentrating on brick and mortar. We are not promoting this very important aspect.

I call upon the Mover to reply in summary.

Mr. Deputy Speaker, Sir, thank you for giving me this opportunity. I want to immensely thank the Members for all their contributions.

That is the reply. Hon. Senator, would you like to make a request on deferment of Division?

Yes, Mr. Deputy Speaker, Sir. In the interest of time, I request for the deferment of Division.

Order, Senator! It is not in the interest of time, but it is in the interest of requisite numbers.

Yes, Mr. Deputy Speaker, Sir, it is in the interest of requisite numbers.

We do not have the threshold. We do not want the Bill to collapse on technicalities. Therefore, I direct that Division be done on Tuesday, next week.

Second Reading

Order, Senator! It is not in the interest of time, but it is in the interest of requisite numbers.

Yes, Mr. Deputy Speaker, Sir, it is in the interest of requisite numbers.

We do not have the threshold. We do not want the Bill to collapse on technicalities. Therefore, I direct that Division be done on Tuesday, next week.

Second Reading

Mr. Deputy Speaker, Sir, there was a Senate Majority Leader who had to grapple with this issue. It was not easy for him to manage the expectations of different stakeholders.

From the onset, I can disclose this here because it is on public record that in the Senate Business Committee, I made it succinctly clear that I am not yet satisfied with the

Mr. Deputy Speaker, Sir, I was not too ready for this Bill. However, I beg to move that The County Governments Retirement Scheme Bill (National Assembly Bills No.10 of 2018) be read a Second Time.

Mr. Deputy Speaker, Sir, I thank you for this opportunity. I had a lot of hesitation in moving this Bill before we have more extensive consultations. In the last five years that I have been in this House, we have had a similar Bill and two others. You were in my shoes or the Senate Majority Leader then was in my shoes---

Order! Do not introduce the history of the Chair while I am presiding. You can do so, while I sit elsewhere.

A

Therefore, one of the reasons for moving this Bill is to open doors for consultation for them to know that time waits no man and prepare themselves to appear before the Committee, present the issues they wanted to raise before the Committee, so that this House when it is ready, to do the voting in Second Reading and thereafter go to the Committee stage and Third Reading. We will not have anyone who we are not carrying along.

Mr. Deputy Speaker, Sir, having said that, this is a Government Bill generated from the relevant ministry; the Ministry of Labour and Social Protection and moved in the National Assembly and now it is with this House.

First, this Bill creates a unique entity that has never been in the country, which is the County Government Retirement Scheme. This retirement scheme is new and is an institution that will be managed in the manner that is provided for in this Bill for purposes of protecting pension and retirement benefits. Pensions are extremely important. All of us pray that we live between 80 and 120 years as much as possible, so that we continue fulfilling God’s intention and purpose in our lives, country, generation and in the world.

Mr. Deputy Speaker, Sir, there comes a time that this energy that we have to dispense and serve people, may not be there after we have retired. Now, the retirement age is 60. Already in other parts of the world, they are moving the retirement age to 70 years, because they are afraid that they do not want people--- People live up to 100 or 120 years. I look forward to a country where in future the average life expectancy should be about 80 years like in Japan and so forth; who now do not wish to retire their experienced staff because they feel even when they are 70 years, they are still energetic enough to serve. With the advent of technology, you do not have to use force but your brains. As long as the brain still works, you can make great contributions.

I have been here before, and when we had a Bill that was dealing with elderly people, I said the Constitution protects everybody. Age is not is not a factor for you to refuse to enjoy rights under the Constitution and contribute to the benefits of this Country.

This law creates a board of trustees of the scheme. This is an area that I want to request the Chairperson that they re-look at in the Committee of the Whole; the composition of the board and the persons who are sitting in this board. The Bill says that there will be a Chairperson who is appointed by the Cabinet Secretary from among people. This is unique, important and it is useful; that he is not just going to appoint someone from outside there to become the Chairperson. It recognizes the fact that representatives of counties must provide the chairperson and to make it easy; get a person that has already been appointed by the members. Once a particular person has been appointed under the same provision, then the Cabinet Secretary has very minimal discretion to appoint one of those people, who have already been appointed by the county leadership that sits in as a trustee.

Secondly, we will have a principal secretary responsible for matters relating to finance and his representative and the principal secretary responsible for matters relating to devolution and his representative. I want to persuade the Chairperson, that perhaps it might be necessary to also have someone, who is responsible for matters of labour from the relevant Ministry of Labour and Social Protection because of policy issues. As I said, even though we are here and we are advocating for counties, we must also appreciate that

A the policy is still done by the national Government and the implementation is done by counties. So, in this provision, a thought should be put on the Ministry of Labour and Social Protection.

Thirdly, Mr. Deputy Speaker Sir, is a representative of the Council of Governors (CoG). I would rather this is re-worded to say, a representative of counties as nominated or appointed by the CoG, so that CoG do not just sit there to get their own representatives. It is basically to emphasize the fact that when the person is sitting there; it is not to the Council or the people, who are sitting in the Council all the time, he or she has the responsibility to represent county executives. That point is to say, the county executive as appointed by governors. Again, the question of whether one or two are enough is necessary, and, it must be sorted out by the Committee.

Fourth, Mr. Deputy Speaker Sir is a representative of the county public service boards across the country. When you look at the appointment of the representative of the county public service boards, it says that the COG shall convene a meeting of the respective nominated bodies for the purpose of nominating the representative. County public service boards are supposed to be independent across the country. We are even thinking about independent and not so independent but at least exercised at the level of independence from the county executive. Perhaps, we should allow the chairs of the county public service boards to come together, nominate one person and vote in a process that involves them, unlike a situation where CoG will convene. However, I have no hard position on this. If the wisdom is to have that alternative, then let it be.

Mr. Deputy Speaker Sir, we also have three representatives of the County Assembly Service Boards (CASBs). This is where there is an anomaly. We all support county assemblies but there are few staff and you give them three nominees; then you get the county public service board which has five times the number of staff while in the counties you get one person. Again, that should be corrected so that at the Committee stage, we can have equality of representation, so that if you will have to distribute two in each body, it remains to be so in all the bodies and then there is a representative of a trade union and so forth.

Generally, the administrative structure that is provided here is just the normal one for all boards across the country. I do not want to overemphasize how the board will manage its meetings and so forth.

Mr. Deputy Speaker Sir, I want to persuade the Chairperson, that Clause 18 cannot go as it is in terms of the chief executive officer of the scheme. It has very good provisions about qualifications and so forth, but there is one provision that must be inserted here. It must provide for provisions on the term of the chief executive officer. In other words, he or she will serve for a term of how many years and how many times, so that we do not have people perpetuating themselves in management forever. You have someone entrenching themselves to manage the entity forever. If it is a five year term, we say five year term eligible for one more appointment. If it is three years, we say eligible for one more appointment.

Mr. Deputy Speaker, Sir, we must be careful because pension involves a lot of money. It is the reason why people are fighting in the National Social Security Fund (NSSF). It is not just in Kenya, it is all over the world. Therefore, let us not create monsters in the administrative structure. They must be people who are accountable. The

A term for people who are appointed to the board of trustees must be clearly defined. There is also one provision in the board of trustees on persons representing trade unions. It is not possible to have one representative of trade unions in a pension scheme like this one who also nominates themselves internally to become ‘Mugabes’ of pension schemes.

Mr. Deputy Speaker, Sir, at least, there is a provision that limits them in this law. I hope that the NSSF and the National Hospital Insurance Fund (NHIF) will do the same. There are people who lecture us about good governance structures and management of public affair but they have never left their offices for about 30 years. The dictatorship that is in these entities is like what we see in trade unions, which is a contradiction. This is because the movement of trade unions in this country as started by Tom Mboya, Harry Thuku and others was meant to fight for independence, good governance and democracy. They were fighting for the right to work and freedom of the country. Therefore, we cannot now have people who run trade unions and perpetuate themselves eternally. This behaviour must come to an end.

Mr. Deputy Speaker, Sir, if we can limit the time for a person who seeks votes from people and the whole universal adult suffrage, we must limit for these other people. I am happy the Bill says so. We must also limit the term for the Chief Executive Officer (CEO).

Mr. Deputy Speaker, Sir, the Bill talks about appointment of an administrator who is a public officer to be appointed by the board. There are suggestions that people are concerned about the existing schemes at the moment which had room for appointing private administrators to perform these functions. That must be analyzed and an explanation given to those who think that private administrators must be put.

Mr. Deputy Speaker, Sir, the reason why many people started to lose faith in public institutions is because of absence of accountability, transparency, corruption and so forth. As a matter of fact, there is no corruption in Government that is not perpetuated by the private sector. For every corruption in Government, the first accomplices are the private sector, for example, the Goldenberg and Anglo Leasing scandals. Therefore, we cannot say that the private sector is better in fighting corruption than the public sector. We must say that corruption, whether by the public or the private sector must be dealt with. This is because the names of all the scandals that we have in this country are attached to a company that is private because they are the ones who perpetuate that kind of thing. Therefore, we must be careful.

Mr. Deputy Speaker, Sir, when the Chair makes his contribution he will deal with the technical issues which includes the amount of contribution which the law says will be

A the policy is still done by the national Government and the implementation is done by counties. So, in this provision, a thought should be put on the Ministry of Labour and Social Protection.

Thirdly, Mr. Deputy Speaker Sir, is a representative of the Council of Governors (CoG). I would rather this is re-worded to say, a representative of counties as nominated or appointed by the CoG, so that CoG do not just sit there to get their own representatives. It is basically to emphasize the fact that when the person is sitting there; it is not to the Council or the people, who are sitting in the Council all the time, he or she has the responsibility to represent county executives. That point is to say, the county executive as appointed by governors. Again, the question of whether one or two are enough is necessary, and, it must be sorted out by the Committee.

Fourth, Mr. Deputy Speaker Sir is a representative of the county public service boards across the country. When you look at the appointment of the representative of the county public service boards, it says that the COG shall convene a meeting of the respective nominated bodies for the purpose of nominating the representative. County public service boards are supposed to be independent across the country. We are even thinking about independent and not so independent but at least exercised at the level of independence from the county executive. Perhaps, we should allow the chairs of the county public service boards to come together, nominate one person and vote in a process that involves them, unlike a situation where CoG will convene. However, I have no hard position on this. If the wisdom is to have that alternative, then let it be.

Mr. Deputy Speaker Sir, we also have three representatives of the County Assembly Service Boards (CASBs). This is where there is an anomaly. We all support county assemblies but there are few staff and you give them three nominees; then you get the county public service board which has five times the number of staff while in the counties you get one person. Again, that should be corrected so that at the Committee stage, we can have equality of representation, so that if you will have to distribute two in each body, it remains to be so in all the bodies and then there is a representative of a trade union and so forth.

Generally, the administrative structure that is provided here is just the normal one for all boards across the country. I do not want to overemphasize how the board will manage its meetings and so forth.

Mr. Deputy Speaker Sir, I want to persuade the Chairperson, that Clause 18 cannot go as it is in terms of the chief executive officer of the scheme. It has very good provisions about qualifications and so forth, but there is one provision that must be inserted here. It must provide for provisions on the term of the chief executive officer. In other words, he or she will serve for a term of how many years and how many times, so that we do not have people perpetuating themselves in management forever. You have someone entrenching themselves to manage the entity forever. If it is a five year term, we say five year term eligible for one more appointment. If it is three years, we say eligible for one more appointment.

Mr. Deputy Speaker, Sir, we must be careful because pension involves a lot of money. It is the reason why people are fighting in the National Social Security Fund (NSSF). It is not just in Kenya, it is all over the world. Therefore, let us not create monsters in the administrative structure. They must be people who are accountable. The

Absolutely. That makes it your Bill. The Bill is from your office.

Senate Majority Leader, do not anticipate debate. Just prosecute your Bill; it is your Bill by the way. You cannot spend a lot of time critiquing your Bill. Make your points within those boundaries.

Mr. Deputy Speaker, Sir, it is my Bill, but not in the way I would wish it to be. It is my Bill because the law says so. It is through me that the law is introduced and I have no---

Absolutely. That makes it your Bill. The Bill is from your office.

Thank you, Mr. Deputy Speaker, Sir. I will not take a long time on this. I beg to second this Bill. Just as the Leader of the Majority has said very clearly and eloquently, this is a very important piece of legislation that is needed. It has taken us a very long journey for us to get here. There were several attempts in the last Senate to legislate on this. A similar version of this Bill was passed just before the closing of the Eleventh Parliament. However, it was too late for onward transmission, deliberation and consideration by the National Assembly and as such, it lapsed.

Mr. Deputy Speaker, Sir, as soon as we got into the Twelfth Parliament and I got elected as the Chairperson to the Committee on Labour and Social Welfare, the issue of the pension retirement scheme and retirement benefits of our county government workers was the first item in my in-tray to deal with. My Committee put together a Bill by the same name; the County Government Retirement Scheme Bill (National Assembly Bills No.10 of 2018) , which is very similar. In fact, it is similar just until the spelling errors, which are the only point of departure with this Bill. There are also just some amendments of the titles and the different headings in the chapters. However, in terms of content, it is more or less the same Bill that this House has already passed at Second

Mr. Deputy Speaker, Sir, even if it your own Bill, you can come and tell the House: “I have this Bill, but during the Committee Stage, I will come with amendments to capture one, two, three and four.”

It is through my office that you can only transact business that comes from the National Assembly. I agree with you entirely, but it is important to raise these issues because I will benefit from the debate. The reason it is subjected to debate is so that this Bill can benefit from the debate, and so that we can accommodate the views that come from various Members.

Mr. Deputy Speaker, Sir, the transition mechanisms then collapse both the Local Authority Provident Fund (LAPFUND) and the Local Authority Pension Trust (LAPTRUST) into one entity, which is going to be managed. It gives five years as a transition period, which is going to ensure that we deal with all incidental matters that are related to pension in the two schemes. This is so that by the time we completely wind up the two entities under this Bill, we would have dealt with the debts, liabilities and pensions for various members under the law.

Mr. Deputy Speaker, Sir, I beg to move this Bill and request Members to continue in the spirit they have had; to critique, to make many contributions and amend it. I have already mentioned the areas that must be amended to ensure that this Bill is in consonance with the constitutional tenets and best practices in the management of pension schemes. Therefore, when we ultimately come back to this House to vote in the time that I do not want to anticipate, but after extensive consultations that my office will facilitate, we will say that: “As a Senate, we are glad that we sat here and became part and parcel of the first generation of elected leaders that have had a role to ensure that there is a well-managed scheme in this great Republic.”

I beg to move and I request Sen. Sakaja, the Chair of the Committee, to second.

Chairman, I hope you will look at the clock. You must constrain your remarks to give the Speaker time to propose the question at the minimum.

A

Our Committee has conducted several tours across the country. All the county government workers unions that we met had one complaint. They said that many of their counterparts, who have retired, cannot access their pension and many have died before accessing their pensions. Many of them are busy in the streets of Nairobi struggling to get an audience for them to get their hard earned money. They are people who have worked for years and served our municipal councils, town councils and county governments. The excuse that the governors have been using in many cases for not paying and not remitting is that there is no legal framework.

When we went to the coast counties; Kwale, Kilifi, Tana River and Mombasa, they said that they have been told that the only impediment to them having a legislative framework is the Senate. The Senate exists to protect the interests of county governments, counties and to a large extent the staff who are within the counties. It is true that many counties owe these institutions money. In fact, some counties are doing bet swaps. In Nairobi, Mariakani Estate has been swapped with some of the amounts owed to LAPFUND and all other estates are being swapped in a process.

We, as Senate, want to audit that process and understand it. We want to know whether those swaps are per the real value of the debt and assets being swapped. In many cases, the residents are not happy with that new arrangement and new landlords.

Mr. Deputy Speaker, Sir, some of the issues in our deliberations, as alluded to by the Senate Majority Leader, include the issue of an internal versus corporate administrator. One of the versions of the Bill that had been dealt with had provided for a corporate administrator that is a private entity; a limited company that this House and the Auditor-General cannot audit. May be the Snr. Counsel and the Senate Minority Leader, Sen. Orengo can give me some advice on this where the certificate number of a private company is provided and the company is known, how can we legislate for it to be in charge of public funds and yet it cannot be audited by the Auditor-General and this House?

Mr. Deputy Speaker, Sir, on top of it, the provision is that three percent of the total fund - right now we are talking about more than Kshs60 billion - shall be for administration. Three percent of Kshs60 billion is close to Kshs2 billion. That amount is what will be used for administration. This is such that if less is spent, the rest becomes profit to a private entity. The Committee did not agree with that. We hold a very strong view against that. That was the previous Certified Permanent Secretaries (CPS) Bill. That is what some of the stakeholders were pushing for, that, that private company be the one that manages this on behalf of the county government workers. That would be irresponsible for us, as a House, to allow. We want accountability. That is why there are several levels of accountability provided for within this law.

In addition to that, what we want to do is to bring these schemes that are competing together. Today, when you hold a function with county governments, you will see a tent of LAPTRUST and LAPFUND. It is like they are hawking retirement benefits arrangements. They are competing to get this and that. Some say they have more people and others say they have more than Kshs20 billion or Kshs32 billion, that they have a certain number of counties with them and so on. It has become a market. We want to bring stability and order into the pensions sector by creating one institution and bringing them together.

A

There are two types of pension schemes; that is, the Defined Benefits (DB) and the Defined Contributions (DC) schemes. You cannot mix a DB and DC scheme. However, what we have agreed to do is the two DC schemes will come together. The DB were actually closed by a circular of the Treasury a few years ago. In fact, the world over, the DB schemes are being phased out because of the complexity and actuarial evaluations you have to keep doing. The process is very complex. Therefore, we are moving away from that to a more stable and clear scheme where you know what you are going to get at the end of it.

Mr. Deputy Speaker, Sir, the one DB scheme that exists will not have any new members. It will be phased out until the last member has received his contribution. There were concerns by some of the county government workers who are in these schemes on whether they are protected. Some allude to the fact that we are moving the money, but not the membership. That must be provided for clearly. I agree that some of these amendments that the Senate Majority Leader is talking about are things that we need to look at within the context of the process of legislation. Once we do that, then we have to go back to mediation and agree with the National Assembly. However, that should not hold us back from looking at what we must critically address.

One of the issues the Senate Majority Leader talked about in the composition of the board, with respect to the representatives, is an error. When the velum was being processed in the National Assembly, we noted that error. If you look at the HANSARD, from the original Bill to the amendments, that was not amended. The Secretariat cannot amend what the House has not done. So, we will make sure that, that is corrected technically.

Mr. Deputy Speaker, Sir, I will move on to wind up because this is a Bill whose content we have debated in this House, but not the Bill itself. Some of the concerns was that, we have said that the minimum amount that shall be sent in terms of contribution because this is a DC scheme, is 7.5 per cent from the workers contribution and 15 per cent from the employer. Some of the county government workers were concerned, that this goes against their Collective Bargaining Agreements (CBA’s) which talks about a higher contribution from themselves.

I would like to assure them that this talks about a minimum amount. So, if you have a CBA where you have set the amount with your respective employers- and this is why I have kept insisting that county governments must recognize the unions that have the simple majority of the staff- once you have a CBA that has set an amount for that contribution, that is what is going to hold. I want to affirm it for avoidance of doubt and in the abundance of caution; we will make sure that it exists in the regulations that will accompany this Bill.

So, I would like to urge all the stakeholders for us to be able to come together. Initially, there was the fear that one side will get 100 per cent, another side will get zero and that there will be a winner and a loser. I want to confirm and to really implore upon them to see beyond themselves and see what is best for this country. What is best is stability, a scheme where we reward- and it is not even a reward, it is not a favor we are doing these people who have worked- it is actually their right. They have worked all these years and have contributed. We also want pension.

A

The proposal by some of these players that let us have one scheme for the executive and another one for the county assemblies goes against the entire spirit of this Bill. They are all staff within the county governments.

Two, if you look at Assembly staff, they are very few. Right now, we have two schemes with almost equal numbers of people. County assemblies have about 100 to 200 staff while big counties like the City County of Nairobi has 200 staff yet we have the tens of thousands of people working in the executive. So, it will be unfair to move the staff who are already in one scheme to another because you have given one the executive and another one to the assemblies. There will be no loser if you bring them together. The staff of these different institutions; the Local Authorities Pensions Trust (LAPTRUST) and the Local Authorities Provident Fund (LAPFUND), will find their way into these organizations based on considerations such as efficiency, et cetera. We cannot create a law that will harm them negatively.

Mr. Deputy Speaker Sir, because of time, I can see the light is going on, I do not know how many minutes I have but I am seeing the clock, they are only 15 more. I would like the Leader of the Minority and the Majority Whip to contribute.

I second and urge my colleagues to support this Bill because this House has already pronounced itself on the content and the meat on the matter within this Bill,

Thank you.

A

There are two types of pension schemes; that is, the Defined Benefits (DB) and the Defined Contributions (DC) schemes. You cannot mix a DB and DC scheme. However, what we have agreed to do is the two DC schemes will come together. The DB were actually closed by a circular of the Treasury a few years ago. In fact, the world over, the DB schemes are being phased out because of the complexity and actuarial evaluations you have to keep doing. The process is very complex. Therefore, we are moving away from that to a more stable and clear scheme where you know what you are going to get at the end of it.

Mr. Deputy Speaker, Sir, the one DB scheme that exists will not have any new members. It will be phased out until the last member has received his contribution. There were concerns by some of the county government workers who are in these schemes on whether they are protected. Some allude to the fact that we are moving the money, but not the membership. That must be provided for clearly. I agree that some of these amendments that the Senate Majority Leader is talking about are things that we need to look at within the context of the process of legislation. Once we do that, then we have to go back to mediation and agree with the National Assembly. However, that should not hold us back from looking at what we must critically address.

One of the issues the Senate Majority Leader talked about in the composition of the board, with respect to the representatives, is an error. When the velum was being processed in the National Assembly, we noted that error. If you look at the HANSARD, from the original Bill to the amendments, that was not amended. The Secretariat cannot amend what the House has not done. So, we will make sure that, that is corrected technically.

Mr. Deputy Speaker, Sir, I will move on to wind up because this is a Bill whose content we have debated in this House, but not the Bill itself. Some of the concerns was that, we have said that the minimum amount that shall be sent in terms of contribution because this is a DC scheme, is 7.5 per cent from the workers contribution and 15 per cent from the employer. Some of the county government workers were concerned, that this goes against their Collective Bargaining Agreements (CBA’s) which talks about a higher contribution from themselves.

I would like to assure them that this talks about a minimum amount. So, if you have a CBA where you have set the amount with your respective employers- and this is why I have kept insisting that county governments must recognize the unions that have the simple majority of the staff- once you have a CBA that has set an amount for that contribution, that is what is going to hold. I want to affirm it for avoidance of doubt and in the abundance of caution; we will make sure that it exists in the regulations that will accompany this Bill.

So, I would like to urge all the stakeholders for us to be able to come together. Initially, there was the fear that one side will get 100 per cent, another side will get zero and that there will be a winner and a loser. I want to confirm and to really implore upon them to see beyond themselves and see what is best for this country. What is best is stability, a scheme where we reward- and it is not even a reward, it is not a favor we are doing these people who have worked- it is actually their right. They have worked all these years and have contributed. We also want pension.

A

The proposal by some of these players that let us have one scheme for the executive and another one for the county assemblies goes against the entire spirit of this Bill. They are all staff within the county governments.

Two, if you look at Assembly staff, they are very few. Right now, we have two schemes with almost equal numbers of people. County assemblies have about 100 to 200 staff while big counties like the City County of Nairobi has 200 staff yet we have the tens of thousands of people working in the executive. So, it will be unfair to move the staff who are already in one scheme to another because you have given one the executive and another one to the assemblies. There will be no loser if you bring them together. The staff of these different institutions; the Local Authorities Pensions Trust (LAPTRUST) and the Local Authorities Provident Fund (LAPFUND), will find their way into these organizations based on considerations such as efficiency, et cetera. We cannot create a law that will harm them negatively.

Mr. Deputy Speaker Sir, because of time, I can see the light is going on, I do not know how many minutes I have but I am seeing the clock, they are only 15 more. I would like the Leader of the Minority and the Majority Whip to contribute.

I second and urge my colleagues to support this Bill because this House has already pronounced itself on the content and the meat on the matter within this Bill,

Thank you.

Sen. (Dr.) Musuruve

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to contribute to this very important Bill.

It specifically addresses our roles as Senators. We have a role to represent the counties and their interests. It directly speaks to the counties. I listened to the Senate Majority Leader as he spoke, because I wanted to interact, engage and understand the Bill because I am also in that Committee.

I want to say, yes, there is need for intensive public participation. The fact that governors want to come and interact more with the Bill, this is important because when you are talking of counties, you cannot talk about issues happening in counties without governors coming on board. They have to interact with the Bill, give their views and thoughts so that when they go back to the counties, there is going to be harmony regarding engagement of this Bill. Engagement is important for this Bill because it directly affects the counties, county assemblies and the executives. So, there is need for good engagement.

There is also the issue of transition. Someone even mentioned that issues of money can be drastic. When transition is not proper, I want to say you never know what will happen. The Senate needs to ensure that there is harmony regarding transition from one fund to another. There is need for an objective way of looking at this Bill. We should not be in a hurry to pass this Bill because it will be the law of the land. When it becomes the law of the land, it will be followed. The law of the land should advantage everyone.

Order, Senator! If the Cabinet has approved a Bill, must it be passed by this House? Is that your argument?

No, Mr. Deputy Speaker, Sir. Maybe you could just---

You also have to respect the institution of the Senate and our independence. Business that comes here from whatever quarters is business.

Mr. Deputy Speaker, Sir, I apologise. Allow me to finalise my point; I will clarify what I was saying.

Okay, you may proceed.

Mr. Deputy Speaker, Sir, the point I am trying to ventilate is that this Bill has undergone a lot of scrutiny in terms of expert input. I would urge the Members of this honourable House to consider the input that has been done by those other institutions. They may be erroneous; I am not saying that they bind this House. However, I am trying to convince Members that, indeed, there was a lot of stakeholder involvement in the processing of this Bill. Therefore, we need to take that into account.

Most importantly, we need to know the history of these two institutions, that is, the Local Authorities Pensions Trust (LAPTRUST) and the Local Authorities Provident Fund (LAPFUND) . The LAPTRUST was created way back in 1926 or thereabout. Upon Kenya gaining Independence, it was created through a legal notice in 1963. Since that time there has never been an enabling statute which created the entity called the LAPTRUST.

Secondly, it has also been a fund that pays workers periodically, which is positive, but on the other hand, it has tended to look at the upper cadre of employees of the local

Mr. Deputy Speaker, Sir, I apologise. Allow me to finalise my point; I will clarify what I was saying.

Okay, you may proceed.

Mr. Deputy Speaker, Sir, the point I am trying to ventilate is that this Bill has undergone a lot of scrutiny in terms of expert input. I would urge the Members of this honourable House to consider the input that has been done by those other institutions. They may be erroneous; I am not saying that they bind this House. However, I am trying to convince Members that, indeed, there was a lot of stakeholder involvement in the processing of this Bill. Therefore, we need to take that into account.

Most importantly, we need to know the history of these two institutions, that is, the Local Authorities Pensions Trust (LAPTRUST) and the Local Authorities Provident Fund (LAPFUND) . The LAPTRUST was created way back in 1926 or thereabout. Upon Kenya gaining Independence, it was created through a legal notice in 1963. Since that time there has never been an enabling statute which created the entity called the LAPTRUST.

Secondly, it has also been a fund that pays workers periodically, which is positive, but on the other hand, it has tended to look at the upper cadre of employees of the local

On a point of order, Mr. Deputy Speaker, Sir. You have tried to guide Sen. Kang’ata under our Standing Orders on the role of generally being within the confines of what is the content of debate in the House.

Earlier on today, there was a serious debate on the official Senate WhatsApp group, where Sen. Kang’ata, for the first time since he joined this House, asked for the Order Paper. I have been sitting here curiously; and I wanted to know what is this matter that he had great knowledge in and which he wanted to share with the House. Unfortunately, if he wants to pursue the direction that he is taking, I do not find him to be within the confines of what will be in---

What is out of order, in your view, Sen. Cheruiyot?

The fact that despite your earlier warning or caution to Sen. Kang’ata to remain within the contents of what is within the Bill, there is this continuous move to speak about a particular institution, which is not clear to me. Maybe he can help me to understand why the interest in that institution.

Order! Order, Senator! We have heard you, Sen. Cheruiyot. The Standing Orders do not allow you to impute any improper

What is out of order, in your view, Sen. Cheruiyot?

Order! Order, Senator! We have heard you, Sen. Cheruiyot. The Standing Orders do not allow you to impute any improper

A motives. Likewise, Sen. Kang’ata, be careful so that you do not expose this House to wrong perceptions. I will be very strict on that. I have said it before. If you remember, I had already noticed that you were engaged the whole afternoon in some mysterious activities. From where the Speaker sits, he is able to see many things.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the House. The Senate, therefore, stands adjourned until Tuesday, 4th December, 2018, at 2.30 p.m.

The Senate rose at 6.30 p.m.