Thursday, 2nd March, 2017

Hon. Members, I do not think I need to communicate that you had already passed a Procedural Motion for this sitting.

Let us proceed.

I hope everybody has a copy of the Order Paper. Hon. Members, in the usual manner in a sitting, all the orders must be read out. In this particular sitting, I have two petitions to convey to the House.

Hon. Members, this Petition, therefore, stands jointly committed to the Departmental Committees on Justice and Legal Affairs and Health for consideration. The committees are requested to consider the Petition and report their findings within 60 days in accordance with Standing Order 227(2).

Thank you, Hon. Members.

THAT, by selling their produce at a price incommensurate to the standard weight, farmers accrue immense losses since the returns fall far below the cost of production;

THAT, if the market is left unregulated and the prescribed unit of measurement is not enforced, the livelihoods of farmers dependent on potato farming will deteriorate due to diminishing returns.

THAT, numerous complaints raised by farmers to enforcement agencies to intervene in the matter have not borne fruit.

THAT, the matter in respect of which this Petition is made is not pending before any court of law or constitutional body.

Therefore, your humble Petitioners pray that the National Assembly, through the Departmental Committee on Agriculture, Livestock and Co-operatives:

Hon. Members, as you are all aware, you concluded debate on this Motion. What remains is for me to put the Question, which I hereby do.

Hon. Speaker, I beg move that the Statute Law (Miscellaneous Amendments) Bill, National Assembly Bill No.45 of 2016, be now read a Third Time. I request Hon. Chepkong’a to second.

Hon. Chepkong’a.

I second.

I put the Question having confirmed that, of course, there is quorum.

The Leader of the Majority Party, you have the Floor.

Hon. Speaker, I beg to move the following Procedural Motion: THAT, notwithstanding the provisions of Standing Order No.120, this House resolves to reduce the publication period of the Supplementary Appropriation Bill, National Assembly Bill No.9 of 2017 from seven days to one day. The reasons are very clear. That is why we are, as per the Standing Orders, dealing with all the three stages.

I ask Hon. Jakoyo to second.

Hon. Speaker, I beg to second. In seconding, I want to beg the House just to give us a few minutes because members are walking out. We beg you to give us ten minutes and we will be done with this very important Bill.

Hon. Fatuma is today really mobile. At some point, she was assuming the position of the Leader of Majority Party.

Put the Question!

Is it the desire of the House?

Yes!

Let us have Hon. Mutava Musyimi, the Chairman of the Budget and Appropriations Committee.

I thank you, Hon. Speaker. I beg to move:

THAT, the Supplementary Appropriation Bill (National Assembly Bill No.9 of 2017) be now read a Second Time. After the approval of the Supplementary Estimates by the National Assembly, the Budget and Appropriations Committee is charged with the responsibility of introducing this Bill in this House and pursuant to the relevant appropriations in the Constitution and in the statutes.

The Appropriation Bill 2017 on Estimates of revenue expenditure proposes to permit the National Treasury to issue Kshs46,203,258,085 from the Consolidated Fund services and apply various increments and reductions on the Appropriations-in-Aid.

This matter has been variously debated and addressed comprehensively by this honourable House. I am satisfied that the relevant points for and against have been made on this matter.

It is now my pleasure to move that this Bill be read a Second Time and suggest that Hon. Sakuda seconds.

Hon. Speaker, I second.

Yes, Hon. Gichigi.

Thank you, Hon. Speaker. I rise to support this Bill. As has been indicated, we raised various relevant and pertinent issues yesterday on this Bill. I only hope that when this money reaches various Government agencies that are supposed to spend it, they should do so wisely, economically and without any wastage. They should also do it expeditiously so that we do not have the issue of absorption at the end of the financial year. That way, Kenyans will receive the services that they elected this Government to render.

I support.

Hon. Wamunyinyi, you have the Floor.

Thank you, Hon. Speaker for giving me a chance to make a brief contribution on this Bill. We all understand the importance of the Bill before the House. Because of the timing and what we have before the House, I would like to say that I support it and appeal for quick passage.

Let us now hear Hon. (Dr.) Pukose.

Hon. Speaker, considering that this Bill has been debated exhaustively by the House, I request that the Mover be called upon to reply.

Hon. Members, Hon. Pukose remembers that the Members debated the Supplementary Estimates. This Bill merely actualises what the House passed in the Supplementary Estimates. I better put the Question.

Mover!

Much obliged. I want to thank Hon. Members for their very positive engagement. Perhaps just to make one point that I made yesterday, if the Cabinet Secretary (CS) for Health was a member in this honourable House, the strike that has taken forever would not have taken that long.

I beg to suggest that when we bring our report as a Committee on the socio-economic audit, Members of this House will be seized of the matter and know that we carry huge responsibilities as the National Assembly.

I want to thank these Members for their input to this Report. I look forward to their further input when we come back to debate the socio-economic audit.

I thank you and ask Hon. Sakuda to second. Hon. ole Sakuda seconded.

Hon. Members, the Mover having replied, what remains is for me to put the Question.

Put the Question!

The Temporary Deputy Chairman (Hon. Cheboi) : I must commend Members for being very vigorous in their response.

Hon. Temporary Deputy Chairman, I beg to move that the Committee doth report to the House its consideration of the Supplementary Appropriation Bill (National Assembly Bill No.9 of 2017) , and its approval thereof without amendment.

Hon. Speaker, I beg to move that the House doth agree with the Committee in the said Report. I want to request Hon. ole Sakuda to second the Motion for agreement with the Report of the Committee of the whole House.

I second.

Hon. Speaker, I beg to move that the Supplementary Appropriation Bill (National Assembly Bill No.9 of 2017) be now read the Third Time.

I want to request Hon. ole Sakuda to second.

I second.

(Hon. (Dr.) Nyikal stood next to Hon. (Ms.) Odhiambo-Mabona)

Hon. (Ms.) Millie Odhiambo, please, move to the next seat so that Hon. Nyikal can sit next to you. That will be better than standing next to her.

Hon. Irungu Kang’ata was seconding and since he is not in the Chamber, I will proceed to propose the Question.

Before we proceed, I want to recognise students and from Tharaka University and College Student Association from Chuka/Igambang’ombe Constituency, Tharaka Nithi County. You are welcome to observe the proceedings of the National Assembly.

I have a request from Hon. Johana Ngeno. An. Hon. Member: He is not in the House.

Hon. Members, the Mover is not even here to reply. I, therefore, drop that business.

Let us have the Chairperson of the Departmental Committee on Defence and Foreign Relations, Hon. Gethenji, who is the Member for Tetu.

ratification of the Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired or otherwise print disabled. The Member not being present and nobody to move the Report, the business is dropped. (Motion dropped) Let us move on to the next Order.

Let us have the Chairperson of the Public Investments Committee (PIC) , who is also the Member for Eldas, Hon. Aden Keynan Wehliye. The Chairperson not being in the House and there being no other member willing to move---

Hon. Wamunyinyi, do you desire to move the Report?

Hon. Speaker, the Chairman of PIC, Hon. Keynan, who is also a member of the Parliamentary Service Commission (PSC) , is involved in another meeting. But he will be joining us shortly. If you allow me, I can move the Report.

Well, if you feel sufficiently equipped and being a ranking member of that Committee---

Yes, I am a member.

You are not just a member! You are a ranking member. Proceed, Hon. Athanas Misiko Wafula Wamunyinyi.

Hon. Speaker, I beg to move the following Motion: THAT, this House adopts the Special Report of the Public Investments Committee on Kenya Airports Authority Duty Free Shops contracts at Jomo Kenyatta and Moi International Airports - 1989 to 2015 - laid on the Table of the House on Tuesday, December 1, 2015. Hon. Speaker, thank you very much for giving me this opportunity to move this Report. As you are aware, PIC is a Standing Committee established pursuant to Standing Order No.206 and is responsible for the examination of the workings of the investments. The Committee is mandated to examine the reports and accounts of public investments and reports, if any, of the Auditor-General on public investments.

The Committee also examines the context of autonomy and efficiency of the public investments with a view to establish whether the affairs of the public investments are being managed in accordance with sound financial business principles and prudent commercial practices.

I will give a brief background of the inquiry into the particular case. The establishment of the Kenya Airports Authority (KAA) was in 1991 under the Kenya Airports Authority Act Chapter 395 of the Laws of Kenya. It is charged with the umbrella responsibility of providing and managing a coordinated system of airports in the country.

KAA’s main functions include administration, control and management of aerodromes; to provide and maintain facilities necessary for efficient operations of aircrafts to provide rescue and fire-fighting equipment and services. It also constructs, operates and maintains aerodromes and other related activities as well as constructing and maintaining aerodromes on an agency basis on the request of any government department.

KAA is also charged with the responsibility of providing such amenities or facilities for passengers and other persons making use of services or facilities provided by the Authority as may appear necessary or desirable to the board.

Finally, it approves the establishment of private airstrips and control of operations thereof.

KAA manages four international airports namely Jomo Kenyatta International Airport, Moi International Airport, Eldoret International Airport and Kisumu International Airport. The Authority also manages four other domestic airports namely Wilson Airport, Malindi Airport, Lokichoggio Airport and Wajir Airport. It also manages two airstrips namely Ukunda and Manda. The Authority is also in the process of upgrading airstrips in various parts of the country.

Currently, Jomo Kenyatta International Airport is the largest airport in East and Central Africa. It also serves as the hub for the region. Due to the growth of traffic at the airport, KAA embarked on an ambitious facility expansion and improved programme geared at expanding and improving the airport infrastructure with the aim of positioning it as a major aviation hub in the continent. This includes the development of Jomo Kenyatta International Airport Terminal 1A which culminated in the tender for the development and management of duty free master concessionaires.

Following the reports on alleged malpractices in the award of the tender for the development and management of duty free master concessionaires, the Committee in its sitting held on 26th February, 2015 resolved to inquire into the matter pursuant to Standing Order 206. To develop an understanding and contextualisation of duty free contracts, it required the Committee to undertake some historic trace of duty free shops concessions signed by KAA. To this end, the Committee resolved to not only inquire into KAA’s tender for development and operations of duty free shops under a single master licence at the Jomo Kenyatta International Airport Terminal 4, Tender No. KAA/193/2003/2004--- It was also to trace the genesis of duty free contracts from 1989 to date.

The Committee specifically sought to inquire into the following matters as they relate to the duty free shops contract at the Jomo Kenyatta International Airport. That was termination of the 1989 duty free shops contract between the Government of Kenya (KAA) and World Duty Free. The Committee also inquired into negotiations for settlement with KAA following the eviction of the World Duty Free from the KAA premises in July, 2013 and the current status of compensation to World Duty Free shops following the August, 2013 eviction. The subsequent 16th September, 2013 press release at the Ministry of Transport and Infrastructure headquarters; the current status of all the pending court cases between KAA and the World Duty Free and finally, procurement process for the tender for the development and management of duty free retail master concessionaires at the Jomo Kenyatta International Airport.

A number of meetings were held in the normal way as we undertook our operations as a Committee. The Committee conducted a number of meetings between February and December

Give him the microphone. He is moving. He is not bound by the ten minutes rule.

Thank you, Hon. Speaker once again. The agreement that was signed between the Kenya Government and the World Duty Free Shops heavily favoured the House of Perfume in respect of the 3,000 square metres of duty free space at the Jomo Kenyatta International Airport and 2000 square metres of duty free premises at the Moi International Airport for a term of ten years, which was renewable upon expiry. Some of the features, for the benefit of the Members, were as follows:

through bribery to the Head of State in this country. This led to Mr. Ali losing the arbitration since the contract was executed fraudulently.

Having declared that he was the owner of the World Duty Free (WDF), registered in the Isle of Man, Mr Pattni after having traded as the owner of WDF Ltd for a period of time, requested that the leases be transferred to the Diplomatic Duty Free, a locally incorporated company and approximately 92 per cent of space which was occupied by the WDF was transferred to the Diplomatic Duty Free.

A number of leases expired on 31st March 2013 while the remainders expired on 331st July 2013. It had been a tradition that towards the expiry of leases, Mr Kamlesh Pattni would rush to court at the last moment and obtain ex parte orders, which would subsequently extend his stay at the shops. You can see this involved even tricks and ensuring that the leases do not come to an end.

The KAA appointed a team to discuss with the WDF the issue of expired leases, renewal thereof, if any, and related matters. This method of engagement is recommended in procurement law and practice. The KAA offered to relocate the bonded warehouse to the cargo village at the JKIA and the WDF was also requested to relinquish some premises. The WDF had in excess of 70 per cent of duty free space at the JKIA. Therefore, it was a monopoly. They held nearly the entire space at the JKIA and the Moi International Airport (MIA). The KAA, in addition, requested WDF to release the lounges to KQ, so that KQ could use them in their operations. Nairobi is possibly the only hub where for a long time, the local national airline had no lounge at the departure area of the airport, yet it is the airline’s business to take care of their passengers.

Therefore, the KAA pushed the WDF to release some of the space which could be used by KQ for lounges to take care of the passengers going through the airport.

Despite the need to resolve the matters, WDF was not willing to release any of the shopping space which had been requested. Indeed, KAA’s request to operate transparently as expected in the new dispensation was ignored by the WDF. The issue of renewal of leases was, therefore, not concluded at that time. This was not concluded because it was quite clear the WDF was not keen to have the matter resolved as this would interfere with their livelihoods as they were going to lose space at the airport.

On the repossession of the duty free shops at the JKIA, KAA had, despite all the provocations, refrained from repossessing the shops whose leases expired on 31st March 2013. The KAA hoped that the WDF would appreciate the need for honest and transparent conduct of business, so that holistic agreement could be reached. When the second batch of leases expired on 31st July 2013 - about four months later - it became quite clear that the WDF was not keen to have a transparent renewal process. This made it necessary for the Authority to repossess the premises. This was the beginning of trouble.

In a bid to minimise losses, KAA carefully removed all the items that belonged to the WDF Shop and packed them at various venues, in trucks and they later removed them to their storage facilities. The eviction process involved KAA personnel, the police, Customs officers, immigration and labourers employed for that purpose. The immediate achievement of the exercise was as follows: creating new passenger areas and comfort, creating departure gate and space for the national carrier (KQ), removing the bonded warehouse next to the old crew gate at Unit 1, which has created space for connection between Terminal 4 and Unit 1, and the construction of the arrival hall for Terminal 4. The two airline lounges at Gates 6 and 11 were repossessed by the KAA.

Operation of airport lounges is part of KAA’s core business. Therefore, these have been restored and they paved way for KAA to engage in procurement processes of new duty free master concessionaires.

I have given some detailed background from when the WDF shops were established at our airports, the kinds of agreements that were entered into that heavily favoured them and the companies we dealt with that were registered at the Isle of Man by foreigners showing how the locals were not involved. Obviously, we know how locals could have been involved in this.

Having given this background following our deliberations, the Committee made the following findings and observations:

You have ten minutes, Hon. Wamunyinyi.

I am just finishing. I am on the recommendations, Hon. Deputy Speaker.

Hon. Kiragu.

He was here, Hon. Deputy Speaker. If he is not in, I invite another colleague, Hon. Ng’eno, Member for Emurua Dikirr, who is also a Member of PIC, to second.

Hon. Ng’eno.

Hon. Deputy Speaker, I beg to second. I wish to thank you and the Mover of the Motion. In the process of inquiring into this matter, as a Committee, we took a lot of time listening to presentations made by witnesses who appeared before the Committee, especially on the issue concerning the KAA. In all the issues we looked into, we felt, as a Committee, that there are some issues which need to be seriously relooked into especially the matter that concerns the World Duty Free Limited, which is the House of Perfume. We found many issues which were not up to date especially those we felt were illegally undertaken.

You must understand that on the World Duty Free Limited, which dealt with the House of Perfume, we found that majority of the shareholders - and it is registered outside the country - have had some weird undertakings in this republic.

We also looked at how most of the tenders were awarded. We found out that there were some occasions where, in one way or another, when some leases had expired, ways of renewing them were not properly followed. We felt, as Members of the Committee, that this matter must be given further consideration.

I do not want to delve much into the issues that have been raised by the Mover of the Motion, but I want to touch on a few issues and recommendations which we felt should be dealt with. One of the recommendations is that the EACC should investigate Ms. Lucy Mbugua, Mr. Victor Arika and all other present and past officials of KAA involved in designing and subsequent signing of a flawed contract agreement between KAA and WDF operators at JKIA and Moi International Airport. Those individuals have had rocky dealings at KAA. When you look at the dealings there, you just wonder how those people were put in those positions in the first place, unless they were put there with the intention of making few quick deals or were placed there by authorities to meet whatever they intended to have.

We recommend that the EACC should investigate thoroughly the individuals named in the Report. We also recommend that the EACC investigates the allocation of Duty Free Shops spaces at Terminal 1A to the World Duty Free Limited. This was allocated with total disregard of procurement laws and procedures. Most of the tenders which have had issues in this country are those that have been done in total disregard of the laws that govern the procurement process.

We also felt that the EACC should also come in and ensure that all the matters that we have here are looked into seriously.

We also recommended that Eng. Kamau, the suspended Cabinet Secretary, should be held individually responsible for his failure of not following through and ensuring that a deed of settlement is entered between KAA and the World Duty Free Limited. He was the Accounting Officer in that Ministry and should have stopped the process which was flawed from the initial stages before the taxpayer lost a lot of money. He is the person who was supposed to protect the interests of the public in that particular institution. So, we felt that he should be held responsible, answerable and accountable to this republic despite his suspension from the Ministry.

Hon. Deputy Speaker, we have also recommended that the Attorney-General should take over, as a matter of national interest. He should take over all the Kenya Airports Authority (KAA) duty-free cases that were being handled by the external legal team and ensure that an agreement is reached between KAA and World Duty Free (WDF) as quickly as possible, and in an amicable manner. That way, he will be protecting public interest. In this particular case, we were also looking at how the issue of National Cereals and Produce Board (NCPB) was handled. Until the time when this Committee intervened, the NCPB had a very tumultuous arbitration process and even court proceedings that made it to be held liable to a fine of over Kshs800 million. That money was meant to be paid by the taxpayers. Failure to pay the fine meant that the equipment owned by NCPB had to be attached. We looked at that issue as a Committee and we felt that the Attorney-General should take over before the matter goes out of hand.

We have also recommended that KAA, in consultation with the Attorney-General, works towards amicably finalising the matters of arbitration, specifically the arbitral award of Kshs2.3 million granted to WDF with regard to HCC 412 of 2008. The reason we usually blame those who sit in the procurement institutions is that when it is later found that the right procedures were not followed and then the tenders are cancelled, there are interested people who usually go to court to seek reprieve. In the process, we lose millions and sometimes billions of taxpayers’ money. It is because the penalties or fines incurred by those institutions are normally paid by the taxpayers. The reason we felt those individuals must be investigated is that, at the end of the day, it is the innocent taxpayer who is going to suffer.

We also felt that Eng. Stephen Gichuki, the then CEO, should be held criminally and civilly liable for abuse of office by executing the forceful eviction of WDF from JKIA at night using hired goons. He never took due consideration of the legal and financial implications of the actions on KAA and the businesses at the duty-free shops in JKIA. When we listened to the presentations by the witnesses, we learnt that even if WDF and DDF had issues, legal procedures of eviction should have been followed. What the people of Eng. Stephen Gichuki did - and maybe they were hired goons, led to--- What they did at midnight was obviously illegal. There is no eviction which should be done at midnight. That was contrary to the law and that is what made WDF to take action against KAA. Finally, I wish to request as a member of PIC---

Give him the microphone so that he concludes.

Hon. Deputy Speaker, I wish to end by saying that the reports that we normally table in this House must not gather dust in the shelves. EACC must take serious action. We now have a new man at the helm of EACC; that is the Archbishop. During the vetting process, some of us expressed total encouragement. We felt that the retired Archbishop was better placed to head that institution. We saw him as the last resort in terms of reviving that office. Therefore, we are calling upon him to ensure that he takes up these matters and save the situation at KAA. He will also be keeping safe the institutions that are run by taxpayers’ money.

I wish to second.

Hon. Members, we have a letter from an advocate relating to this matter. The Constitution of Kenya, under Article 35, states thus:

“ (1) Every citizen has the right of access to—

I cannot see the Chairman of the Departmental Committee on Justice and Legal Affairs. He is not here. We shall move to the next Order.

Hon. Members, we will move to the next order, which is the Adjournment Motion. Given that the recess is less than 10 days, this Motion should be prosecuted for not more than half-an- hour. Hon. (Dr.) Shaban.

- THAT, pursuant to the provisions of Standing Order No.28 on the Calendar of the Assembly (Regular Sessions) , this House adjourns until Tuesday, 14th March, 2017. At the outset, I want to commend Members for carrying out their mandate. They have also made contributions diligently since the inauguration of the 11th Parliament.

During the first part of the Fifth Session, we passed 10 Bills. They include the Statute Law (Miscellaneous Amendments) Bill, 2016 that we passed an hour ago; the Proceeds of Crime and Anti-Money Laundering (Amendment) Bill, 2015; the Hydrologists Bill, 2016; the Privatisation (Amendment) Bill, 2016 and the Public Service Commission (Amendment) Bill,

I appreciate Committees and, indeed, all members for their resilience, commitment, consistency and good work despite the substantial workload that is before the Committees and this House. I beg to move and ask Hon. Regina Muia from Kilome to second.

Hon. Deputy Speaker, I rise to support this Motion. Members of Parliament need this break more than anything else. When you look at this Chamber, people are trying to use any available time to go to their constituencies.

Currently, some people have started campaigning as if elections are going to be held next month. Most of those people, even in my constituency, are spreading lies that the Jubilee Government has not done anything. We need this time to go out there and tell them that they have done a lot. These days, women deliver in hospitals for free. We need to tell them about such things because we cannot do it while in the Chamber.

On a point of order, Hon. Deputy Speaker.

I can see that there is a Member who wants to interfere. I will not give you space. It is my democratic right. I do not want any points of order.

Hon. Deputy Speaker, we have Constituencies Development Fund (CDF) projects. There is a lot of pressure to inspect what our locals and our communities are doing with the money CDF has given them. For as long as we are here, we can do very little. I may be lucky because I can dash home for two hours and come back. Some Members require about two or three days to reach home. I am sure we will do a good job in the ten days that we are going to the constituencies. We are going to inspect projects and write reports about CDF. We will also inspect the other projects that we are undertaking.

Politics has freedom. You are free to say what you want. You are free to say the truth or tell lies. So, do not get hurt because you have heard me say something. We are going out there to correct some of the things because we are unable to do them while we are here. We are also going to give committees time to look at the reports. Immediately we come back, some of the committees will finish their reports. Then we shall pass the Bills before we go for elections. We needed this time. We are very happy and we have been looking forward to it. We have been so busy doing the registration of voters. I am happy that Jubilee areas have registered the highest number of voters. That is a sign that even on the 9th of August; those numbers are going to be a reality. We are going to translate that into voters.

Thank you so much. I want to support this. I second.

Hon. Johana Kipyegon

Thank you, Hon. Deputy Speaker. I also wish to support this Adjournment Motion. I know most of the Members are in the villages, their constituencies and some in their counties. Most of us are contesting for the same positions we have, others are going higher above like gubernatorial positions. I know how tough those positions are. Most of the Members are really out there. I wish to thank this House for most of the activities we have had during this Session on most of the Bills that will go down the history as affecting the lives of our citizens. The Mover of the Motion has talked of the Bills that we have passed here. I wish to clearly say that, that is our mandate

The only problem is that campaigns in this country start early. Therefore, most of the Members do not have time. As you can see, the House is almost empty because there is fear by most Members that their seats zinayumbayumba kidogo.

I am one of those people who would wish to have some free time not purely tied to the activities of the House, so that I can attend to activities that I have in my constituency. Remember for those of us who come from marginalized counties, and on this, I must thank the National Treasury – although they released the money late. If they released the money on time, especially the money for the Equalization Fund, we would really appreciate. My constituency is one of the beneficiaries, among the many other constituencies in the 14 counties. This is the best opportunity for us to go and identify the roads and projects which that money is going to work on. I must thank the National Treasury, although they delayed with that money.

Next time, I urge them to release the money yearly as per the Constitution. The Constitution provides for the release of that money just like the money budgeted for counties, the national Government and any other activity. The money is supposed to be released each and every year. So, we wish to urge the CS for the National Treasury to make sure that next time, he does not delay with that money because people from marginalized areas need it.

We are also looking forward to finishing the projects that we have started for this financial year. We are hoping that before the end of next month, we should have had all the money released to the constituencies so that we can make use of it.

I wish Members, especially those who are going for campaigns, peaceful campaigns. I can see Jubilee and CORD are panicking. I am happy because I am neutral. I just see how people are moving: and which side is moving in which direction. If Jubilee is collapsing then, of course, it cannot collapse with us. If CORD is collapsing, it cannot collapse with some of us. We just want to support the area that we see has the right policies for this country. I wish NASA to pick the best candidate to send this team home. Otherwise, if you pick a wrong candidate, do not blame us again.

Hon. Wamunyinyi.

Thank you, Hon. Deputy Speaker. I hope it is going to be peaceful. We take the word of Hon. Ng’eno. We are going home for this short recess. I do not think we are entirely happy as one of my colleagues here was trying to suggest. You cannot say that Jubilee has done very well and Kenyans are very happy; mothers are giving birth in hospitals without being charged when there are no doctors! Doctors are not at work in public hospitals to ensure service delivery. Where are the public hospitals that those mothers are giving birth to babies free of charge? There are no doctors in the hospitals. Lecturers are on strike. Everybody knows that lecturers are on strike and the Government has failed to ensure they get back to work. Everybody knows that so many projects have been launched more than three times. In Bungoma, I saw the road to Kakamega being launched by the Deputy President. It was again launched by the President in Nambacha. I think they will be planning another launch. I have seen other roads that were earmarked for construction. But they have not been constructed because Jubilee is not doing well. So, we would not like to hear someone rising up and saying… We have not received the funds. We are getting into a new financial year as we budget. We have not received funds in our constituencies for us to be able to undertake our services and deliver our mandate. We must get funds flowing.

Hon. Deputy Speaker, we are talking about the security of Kenyans in the Rift Valley, specifically in Baringo and Turkana, where people are being killed every day. We cannot, therefore, be enjoying here and saying that the Jubilee Government is doing well and yet, Kenyans are dying! It is the responsibility of the Government to ensure the security of every Kenyan and their property. When Kenyans continue to be killed daily, we cannot laugh and say that the Government is doing well. It has failed in the delivery of its constitutional mandate of

ensuring that Kenyans are protected! This Member who is here is enjoying because she joined Jubilee. She is praising Jubilee and even has the guts to talk about mothers delivering babies for free in hospitals and yet, we know doctors are not there. The children are dying! The newspapers today have reported that some babies have died in hospital because they were not attended to. Is this what we want to praise? It is very unfortunate. We need to work together because we are all leaders. The Government has the resources to do this work.

So, I agree with Members who have said that as we go into recess, we need to ensure that we conduct meetings of peace in our respective constituencies. That way, we shall be preaching peace to our people. With those few remarks, I thank you.

Let us have Hon. Mary Wambui.

Thank you, Hon. Deputy Speaker for giving me this opportunity to support the Motion for Adjournment.

It is not in order to abuse the Government that it has not done anything when we know that the Jubilee Government has done a lot of work for this country. It is not true to say that the Jubilee Government is commissioning projects which are non-existent. The Jubilee Government is doing many projects such as hospitals and roads. People are talking lies in this country.

Order!

We are not going to allow people in this Parliament to abuse the Government when we know that it had done a lot of work. I support the Motion, but we are not going to allow the Government to be abused by people who are telling lies. They have been in the Government previously and they never did anything even in their own constituencies. Why are they abusing the Government?

Hon. Mitaru.

Thank you, Hon. Deputy Speaker, for giving me this chance. I have been waiting to share this information. We should respect the Government of the day, whether we are in Opposition or not. We are all happy that we are going for recess. We now have time to meet our people and work together as a team. We should talk to our people and help the Government work well. We need to tell our people what we have done for this country.

I wish to tell my honorable brother seated there that he should not be annoyed. He was given a chance by his people to be in this House. He should respect this nation.

We must take care of each other emotionally and physically.

Hon. Harrison Kombe. Hon. Members, it is already 6.30 p.m. I will be magnanimous and give five minutes to allow Hon. Kombe and Hon. Anami to contribute.

Ahsante Mhe. Naibu Spika. Ningependa kuchukua nafasi hii kurudisha shukrani kwa Waheshimiwa waliopata nafasi kufika kwa mazishi ya mamangu, na wale ambao walinyoosha mikono yao. Mwenyezi Mungu awabariki.

Mhe. Naibu Spika, ukweli wakati mwingine ni mchungu, lakini haina budi usemwe. Zote tulikosea tulipochukua kitengo cha afya na kukiweka kwenye ugatuzi na tukakisambaza kwenye kaunti. Tunapolalamika kwamba madaktari hawako, ni muhimu tukumbuke kwamba sio jukumu la Serikali ya Kitaifa kuhakikisha kuwa hospitali zote zina madaktari. Kaunti zimepewa pesa na

ni wajibu wao kuhakikisha kwamba madaktari wanalipwa vyema na kuona kwamba kitengo hicho cha afya kinatiliwa maanani vilivyo. Wale ambao walipigania ugatuzi ni kidonda hivi sasa kwa Serikali ya Kitaifa na hawataki kukubali kwamba zote tulikosea. Ukweli usemwe na uongo ujitenge.

Ningependa kuwaomba magavana wote wawajibike na kuhakikisha ya kwamba wanawalipa madaktari vyema. Si vyema kaunti zingine zilipe madaktari vizuri na wanaendelea na kazi na wengine wapo nyumbani kwa sababu ya kutolipwa vyema. Wale wanaolipa vizuri wanatoka Kenya ipi, na wale ambao hawalipi vizuri wanatoka Kenya ipi?

Naunga mkono Hoja hii ya kuahirisha Bunge kwa muda mfupi kwa sababu nitakuwa na nafasi ya kumpokea Rais akiendeleza shughuli zake za maendeleo kwa upanuzi wa barabara kutoka Sabaki kuelekea Marafa, na kusambaza maji kwa wananchi. Hilo si jukumu la Serikali ya Kitaifa bali ni kazi ya kaunti. Serikali ya Kitaifa imejitolea mhanga kupitia Rais Uhuru Kenyatta kusambaza maji kwa wananchi. Ningependa kushukuru Serikali na kuwaomba wakaze mshipi na waendelee kusambazia wananchi maendeleo, na waache wanaopiga mdomo waendelee.

Hon. Anami, I hope you will give Hon. Gaichuhie a minute to contribute.

I will definitely do that. I want to support the Motion because it an opportune time for us to go back to the people so that we can share their experiences; given the anxiety that is cutting across the country. The doctors’ strike is not a small matter because of the impact it has on Kenyans across all villages. There are basic needs that our people want. We have students who are out of school because lecturers are on strike. Some of them will not even sit for their exams.

That means that they will have to go back to the parents. Although they have paid school fees in the universities, they will now become yet another burden to the families. It is important that while we are in this recess, we reflect on these matters and get together and participate in community issues so that we can be representative and honest to the people. I see a lot of excitement especially when we mention the performance of the Jubilee Government. Of course, the guilty are always afraid, but this is an opportunity for Jubilee to reflect on what their promise to the people is and just deliver on the promise. I support the Adjournment Motion.

Hon. Nelson Gaichuhie.

Thank you, Hon. Deputy Speaker, for giving me this opportunity. I am shocked when my colleagues say that they are going on recess to go home and perform other duties. I thought we are going on recess so that we can look at the estimates which are in front of this House. I am very sure that almost all Members will be back here in their Committees. It is only that we will be on recess and we will not have Plenary. So, when I hear my friends say that they are going to see their constituents, maybe, it is good they be informed that we expect them to be in their Committees looking at the estimates because estimates and budgets are very important for this country. I hope they are saying that because they are in the Plenary, but I think we are going on recess so that we can retreat to our committees and look at the budget estimates. That is because this country has to run whether we have elections or not.

With those very few remarks, I thank everybody. We have passed so many Bills during the last two weeks. They are very important Bills for this country. Although the Chamber was always almost half empty, I want to say that it is good that people go on recess and retreat to their committees and do the budget estimates because this country has to run whether we are there or not. Thank you, Hon. Deputy Speaker.

Hon. Members, the time being 6.37 p.m., this House stands adjourned until Tuesday, 14th March 2017, at 2.30 p.m.

The House rose at 6.37 p.m.