December 3, 2015 SENATEDEBATES

Thursday, 3rd December, 2015

Hon. Senators, there are several Papers to be laid.

Proceed, Sen. (Eng.) Muriuki.

Mr. Temporary Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 3rd December, 2015:-

Report of the Ad Hoc Select Committee on County Headquarters.

Mr. Temporary Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 3rd December, 2015:-

Report on the meetings with counterpart committees of the county assemblies of Kwale, Siaya, Elgeyo Marakwet, Turkana, Wajir, West Pokot, Nyamira, Vihiga, Kilifi, Bungoma, Embu, Meru and Tharaka Nithi.

Report of the county visits to Lamu and Kilifi. Report on county visits to Embu, Meru and Tharaka-Nithi.

December 3, 2015 SENATEDEBATES

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

THAT, this House adopts the Report of the ad hoc Select Committee on County Headquarters laid on the Floor of the House today, Thursday, 3rd December, 2015.

Mr. Temporary Speaker, Sir, I beg to give notice of the following Motion to the Ministry of Interior and Co-ordination of National Government:-

AWARE that consumption of illicit brew has ruined the lives of many Kenyans; that there is a very high number of such persons and that a very high number of such persons, most of whom are youth, require rehabilitation;

DEEPLY CONCERNED about the devastating effects of drug and alcohol abuse which include among others; increase in crime, victims becoming impotent, break up of families and transmission of diseases among victims;

APPRECIATING Government efforts to address the challenges through crackdown on illicit brewers;

DESIRIOUS of the need to enhance Government efforts to address the challenges and come up with sustainable means of addressing it;

COGNIZANT that the National Authority for Campaign Against Drug and Alcohol Abuse (NACADA) is mandated by the National Authority for Campaign Against Alcohol and Drug Abuse Act, 2012 to collaborate with other lead agencies to provide and facilitate the development and operation of rehabilitation facilities, programmes and standards for persons with substance use disorders;

NOW THEREFORE, the Senate calls upon NACADA, in collaboration with county governments, to establish at least one rehabilitation centre in each county for purposes of rehabilitating victims of alcohol and drug abuse, including persons affected by withdrawal symptoms and to offer support to families and care givers of the victims.

Hon. Senators, we will have exactly one hour for this Order. I would like the Clerks-at-the-Table to record this. I should be told when the one hour lapses. Let us be careful on how we use our time because we have a lot of work to transact today.

Leader of the Majority, if you may proceed.

December 3, 2015 SENATEDEBATES BUSINESS FOR THE WEEK COMMENCING

Mr. Temporary Speaker, Sir, I will be very brief because this is a routine statement on the business of the week.

As colleague Senators are aware, we are scheduled to proceed for the Christmas Recess in accordance with our calendar. It is in that connection that I support what you have just said; we try and be brief on all the business because we have a lot of work.

Secondly, I am grateful to the Senators for the cooperation and the support they have given to the business of this House. On behalf of the Rules and Business Committee and on my own behalf, I am grateful that this Session which begun on 10th February, 2015, this House has passed 23 Bills. Over and above the Bills, we have adopted numerous Motions in addition to close to 160 statements, which have been raised in this Senate in the same period.

All these important legislative and oversight issues have been done because the hon. Senators have taken their work seriously. I hope that during the festive season, we will reconnect with our constituents and renew our energy so that come 2016, we take our counties and our people to the next level of prosperity through improved governance. I do not want to belabor this because we will also be moving a Motion of adjournment later. I would rather reserve my comments for that time.

I, therefore, lay this statement on the Table even as I wish hon. Senators a happy festive period once we adjourn later today.

On a point of order, Mr. Temporary Speaker, Sir. Whereas the statement refers to the activities in this Chamber, I would like to draw the attention of the Leader of the Majority to the fact that there are Sessional Committees, and I Chair one such Committee. If the end of the Session will mean the end for the Committees today, we will then find it difficult to continue sitting in the balance of the days we have this month and also when we come back from the end of year holidays. We need that it be made clear that the Sessional Committees will still remain in force until the beginning of the new session so that there is a budget for us to continue looking at the accounts of the other counties. We are having a serious backlog. I would beg that he bends backwards and accommodates this request.

Mr. Temporary Speaker, Sir, I want to thank Sen. (Dr.) Khalwale for that timely and important observation that he has made. I have felt that there is need for us to relook at the whole issue of Sessional Committees. I have informally raised this issue with the Clerk for interpretation purposes.

Mr. Temporary Speaker, Sir, you will guide this House because according to the Standing Orders, the mandate of the Sessional Committees ends at the end of the calendar year. Technically this means they end today. I am not sure whether or not there is within the Standing Orders an allowance for extension of time, neither were the views of the Clerk final because I just ambushed him. I thought that is a matter you can direct this

December 3, 2015 SENATEDEBATES

The Leader of the Majority has clearly stated the procedure and regulations as per our Standing Orders. If the Chairpersons of the said committees were aware of this rule, I expect that they should have brought a Motion with the desire to extend the legality of the committees past the end of the year. I may suggest and waive the time required for you to submit that kind of Motion and approve on the Chair. Otherwise we will be time barred. That is the truth.

That is a wise and helpful ruling. Thank you for exercising your discretion to give time for that kind of Motion. Other than that, I request a clarification on whether, as the responsible persons do that, the Motion can be done as an omnibus for all Committees that are sessional or it should come from each Committee. If it is omnibus, then it has to come from the Senate Majority Leader, for all the sessional Committees, but if it is specific, it is the Chairpersons of the various sessional Committees to do individual Motions.

Mr. Temporary Speaker, Sir, I sit in two sessional Committees including the Committee on Devolved Government. I am aware that we had planned county visits within the next week. I would ask the Senate Majority Leader to move a Motion that applies to all sessional Committees, so that it is an omnibus Motion for all the sessional Committees. That would be a better way to look at it. In case other sessional Committees have any incidental issues, they must dispense them off before the recess ends. They can also convene on account of that Motion.

The Senate Majority Leader and the Senate Minority Leader should have looked at this and come up with the way forward, according to their own thinking. But I have only received a request from Sen. (Dr.) Khalwale on the Floor of the House. Therefore, my order only affects the said Committee. We will be setting a bad precedent of sessional Committees extending their time with the hope that they will always be given an omnibus ruling. I do not accept that.

Mr. Temporary Speaker, Sir, while appreciating the direction you have just given, I have just tabled some documents before this House. I am the Chairperson of the Committee on Delegated Legislation, which is also a sessional Committee. In our Committee, we have also lined up activities for the next two weeks before we close for recess. I plead with you to allow us to do an omnibus extension, since we are talking about three Committees only; the Sessional Committee on Delegated Legislation, the County Public Accounts and Investments Committee (CPAIC) and the Committee on Devolved Government.

If you listened carefully, I have already ruled on that. I have given that mandate to the Senate Majority Leader and the Senate Minority Leader to consult and see whether that is necessary. I will be advised by the same.

Very well, we will skip Statement (b) .

December 3, 2015 SENATEDEBATES

Mr. Temporary Speaker, Sir, unfortunately, I do not have this Statement because the time given was very short. I have tried to push for it, but it is not ready. We have discussed the same with Sen. (Dr.) Khalwale and agreed that if we get the Statement even when we are on recess, we will share it with him, so that he can advise the relevant people that he is representing.

Mr. Temporary Speaker, Sir, the Vice Chairperson has mentioned that to me. I agreed with her because I am helpless. I cannot blame her because she is relying on being fed that information. I will bear with her and hope that during the holidays, she will share the information with me through email, so that I can pass it over to the respective families.

Very well. All the same you have agreed. Do as prayed for, and it will be appreciated by the House.

Let us go to Statement (d) . Chairperson of the Committee on Finance, Commerce and Budget, you have a Statement to issue, as requested by Sen. Hargura. Do you want us to give you time to rest?

Mr. Temporary Speaker, Sir, give me a minute.

I will give you ten minutes. Chairperson or any Member of the Committee on Labour and Social Welfare.

Bw. Spika wa Muda, wiki iliyopita niliuliza taarifa hii kwa sababu hili ni jambo nyeti. Watu wengi wako na hamu ya kujua matokeo ya safari ya Harambee Stars kwenda Cape Verde. Pia, tuliona matokeo mabaya kule Ethiopia. Ulitoa amri kwamba taarifa hii iletwe Jumanne. Taarifa hiyo ilipokosekana Jumanne, uliamuru iletwe Jumatano. Leo ni Alhamisi na Mwenyekiti hayuko na Kamati haina jibu. Tukienda likizo na kurudi baada ya miezi miwili, jambo hili litakuwa limesahaulika. Pia, kuna uchaguzi katika Shirika la Soka nchini. Ni lazima tujadili swala hili kwa urefu na upana.

On a point of order, Mr. Temporary Speaker, Sir. This is a matter of public importance and there is public outcry. My brother, Sen. Omar, should have brought this matter before the Floor of the House through a Motion for Adjournment, under Standing Order No. 33 (2) . Yesterday, we were with the Chair of Committee on Labour and Social Welfare.

December 3, 2015 SENATEDEBATES

Order, Sen. Mbuvi! I cannot deal with wishful thinking. That is what you wish should have been done, but I am acting on the reality of the Standing Orders. Please, let us use our time meaningfully.

Mr. Temporary Speaker, Sir, in connection to that and pursuant to Article 25 of the Constitution and Standing Order No.195, could we summon the Football Kenya Federation (FKF) and all the officers of FKF, Cabinet Secretary for Sports, Culture and Arts to come before this House or the Standing Committee on Labour and Social Welfare to explain the rampant corruption in FKF, which is killing the performance of our national team; the Harambee Stars? Our memories are very fresh on the suffering that our national team underwent when they flew to Cape Verde and the poor performance in the World Cup qualifier matches.

Order, Sen. Mbuvi. Let me give you some guidance. You stood on a point of order. Just tell me what is not in order and I will appreciate.

Mr. Temporary Speaker, Sir, I wonder why the Ministry of Sports, Culture and Arts and the Chairperson of the Committee on Labour and Social Welfare are reluctant to bring this Statement to this honourable House for prosecution.

The Senate Minority Leader (Sen. Wetangula) : Mr. Temporary Speaker, Sir, I share the sentiments of Sen. Hassan. This matter is so important that I would expect that, even without any Senator requesting for a Statement, the Majority Leader on behalf of Government to rise and make a statement on the disastrous debacles that have bedeviled our Harambee Stars team. It is scandalous for a team to be beaten by Cape Verde. We have also been beaten by Somalia and other teams that you cannot even mention. We would want the Government to show the enthusiasm they always show when our athletes who, without any encouragement or involvement by Government, are always starring out there and wherever they come back home, they are received and hugged as if the Government did anything for them to run and win. We would want to see what the Government is doing to make football in this country---

You have made your point.

Mr. Temporary Speaker, Sir, would I be in order to request the Chair, and this is one of the incidences where Standing Order No.1 can be applicable, I know the Chair can seize the opportunity to apply Standing Order No.1 where the circumstance dictates that there is no other way forward.

Since we are likely to go on recess, will I be in order that you direct the Committee to hold sessions even from tomorrow and they summon the responsible officers including Minister for Sports , Culture and the Arts, to look into this affair thoroughly and we get a report. It is looking like soccer is going to the dogs. I excused the comments about going to the dogs , but now that we are going to recess, I think the only alternative is through the courtesy of Sen. Omar, that this matter now be properly placed before the Committee and the Minister be the first to appear to explain what has gone wrong.

December 3, 2015 SENATEDEBATES

I see a lot of interest on this, but as I said, there is only one way for us. Let us agree to wait a little while, assuming that the Chair of the Committee might walk in. But, let me give him the benefit of doubt. I will make that ruling at the end of the statement.

Let us go back to Statement (b) Committee of Finance, Commerce and Budget. Sen. Billow, you have two Statements. We have gone back to (b) . Are you ready?

Thank you, Mr. Temporary Speaker, Sir. Sen. Hargura’s request for a Statement on Uwezo and Youth Fund is due from the Ministry of Devolution and Planning which has been in the news in the last few weeks. We have not been able to get information. As we speak now, both the Principal Secretary (Ps) and the Cabinet Secretary (Cs) are not in office. They have a challenge getting somebody who can authoritatively sign a response. We tried yesterday and last week, we were unable to get someone to sign the Statement because of the changes that have been made before that and because of the issues that have been there regarding those officers.

Sen. Hargura, what do you say?

Mr. Temporary Speaker sir, we are just at the end of the Session and my understanding is that if I do not get a reply, then it will elapse. So, what happens?

Well, you can either make a special request for extension or you again request for another statement in another session.

Mr. Temporary Speaker, Sir, I would like to make a request for extension; that the statement does not elapse; and then revisit it again.

This is a House of records, and all requests are done in writing. Can you do that before the end of the day because when you make your request, I have also to document that I have approved or disapproved? That is how the House works, but I give you the leeway to do.

Thank you, Mr. Temporary Speaker, Sir. I stand guided. I will put it in writing.

Very well. Let us go to Statement No. (b)

I do not have an answer yet for the statement sought.

December 3, 2015 SENATEDEBATES

Mr. Temporary Speaker, Sir, the hon. Member is a Member of my Committee, we have not received answers yet, but I want to seek his indulgence that we can still pursue this matter, even within the recess, to ask the Governor to appear before the Committee and respond to the issues. I would ask my colleagues to accept that.

The Senate Minority Leader (Sen. Wetangula) : On a point of order, Mr. Temporary Speaker, Sir. The importance of this statement is to the effect that after I requested for the statement here and my colleagues who follow the news can bear me out, the Governor of Central Bank went ahead to say that his ban on incorporation and licensing of new banks will not affect foreign banks. Are we a country serving foreigners or serving Kenyans? If a group of Kenyans blessed with immense wealth like our colleague from Nyeri decided to open a bank, why should they be blocked in favour of foreigners? This is something that the Chairman of the Committee should be able, at least, to make some interim policy statement on the Floor, because, we cannot have a country of double standards.

Mr. Temporary Speaker, Sir, With all due respect to Sen. Wetangula, I did hear him say that there might be people with immense wealth like our colleague from Nyeri. Could he substantiate, whether he means a Serjeant-at-Arms who is in this House, or who he is referring to as our colleague from Nyeri, because it is certainly not me?

Senator, the term colleague

Mr. Temporary Speaker, Sir, I agree with the Senator for Bungoma County. The Central Bank has lately been issuing this kind of orders. Recently, they attempted to increase their minimum share capital to Kshs5 billion and now they are issuing another order to suspend licensing of new banks without going through the appropriate procedures which requires inter alia, constitutionally, that they must involve public participation. In my view, I do not think that the Governor of Central Bank has powers to stop licensing of new banks. If anyone applies and meets all the basic minimum requirements provided for in the Central Bank of Kenya Act, he or she must be licensed.

However, I urge the Central Bank to desist from taking such actions without involving public participation. In this case, they should hold off such measures until we conclusively discuss it. I seek the indulgence of the House to wait until we get the Governor to appear before the Committee.

The Senate Minority Leader (Sen. Wetangula) : Mr. Temporary Speaker, Sir, I thank the Chairperson for that candid interim Statement. I implore the Chair that he does not let the request lapse; that we carry it over to next session so that we get a

December 3, 2015 SENATEDEBATES

Mr. Temporary Speaker, Sir, I heard the Chairman say that some of these orders are in contravention of some of the constitutional principles. Whatever averments we make in this Senate, these orders are in force. Rather than wait for the Statement, the Committee on Finance, Commerce and Budget has the mandate to seize this opportunity to interrogate this matter and where possible make public pronouncements that speak to the illegality or constitutionality of some of these orders. This is because it is unfair and oppressive for any of those averments to be made in a manner that prejudices Kenyan business people.

The Chair is advised. Do you wish to comment on the advice?

Mr. Temporary Speaker, Sir, I have made it clear that as the Chair of the Committee on Finance, Commerce and Budget, we are directing the Central Bank of Kenya as Senate to stay their order to suspend licensing of new commercial banks until we meet and discuss and we are properly apprised of the matter. We will invite the Governor and make sure that the directive from this august House is complied with.

Order! The Senate Minority

Mr. Temporary Speaker, Sir, the House will remember that we passed a resolution about the stoppage of funds to four counties that had transgressed the provisions of the Constitution. When we applaud and feel happy that the comment by the Chairperson of the Committee on Finance, Commerce and Budget will be binding on the Governor of the Central Bank, are we sure that we are maintaining the cardinal principle that Parliament shall never speak in vain. The Chair needs to rule so that we are sure that those licences shall be respected as expected by the Chairperson.

Sen. (Dr.) Khalwale, you did not see me smile; neither did I laugh, but instead the Senate Minority Leader was so happy that he suggested that the Chair of the Committee on Finance, Commerce and Budget should be elevated to be the Senate Majority Leader. Do you still need me to answer for the Senate Minority Leader? I do not know what is in his mind. Stay put because I will not answer that.

Mr. Temporary Speaker, Sir, Sen. Murungi requested for a Statement on the recent banditry attack at Kithiriome, Meru County which was presented before the House on Wednesday, 4th November, 2015. However, the Member requested for supplementary information on the following issues:-

December 3, 2015 SENATEDEBATES

December 3, 2015 SENATEDEBATES

Mr. Temporary Speaker, Sir, I would like to thank Sen. Adan, the Vice Chairperson of the Committee on National Security and Foreign Relations, for this answer. I also take this opportunity to thank the Cabinet Secretary (CS) of the Ministry of Interior and Coordination of National Government, Mr. Nkaissery, for making very strenuous efforts to restore peace in the border area between Meru and Isiolo. I also thank the Government for appointing the Joint Meru-Isiolo Boundary Dispute Committee, which includes the membership which the hon. Senator has just read. However, we are worried about two issues. First---

Mr. Temporary Speaker, Sir, could you protect me from the Senator for Nairobi?

Order, Sen. Mbuvi! You either consult in low tones or just keep your peace and allow Sen. Murungi to be heard.

I did not allow you to talk, please, resume your seat?

Thank you very much.

December 3, 2015 SENATEDEBATES

Thank you, Mr. Temporary Speaker, Sir. We are concerned about two issues. First, the Joint Meru-Isiolo Boundary Dispute Committee has already finished marking the boundary between Meru and Isiolo. However, we have heard very dangerous statements from the leadership of Isiolo, including the Governor for Isiolo, stating that they will not respect the boundary which has been fixed by the Committee. That constitutes inciting the public against the Government. I would like the Chairperson of the Committee to confirm to this House whether, indeed, that is the case or they were misreported in the media.

Secondly, as we are speaking, 15 people from the Meru community were charged in Isiolo Court as a result of a demonstration which was held in Isiolo against insecurity. Despite promises, among other things in resolving these conflicts, that the case would be withdrawn, it appears that the police still continue to harass the young men, some of whom were completely innocent. Could the Vice Chairperson also consider that matter and inform this House whether those cases are being proceeded with or whether they have been withdrawn, as promised, in an attempt to have the matter amicably resolved between the two communities? Otherwise, I thank the Government for the effort taken so far. We believe that the disarmament effort which has been promised will be carried out. When we come from recess, I will request for another statement to find out the number of illegal guns that would have been collected from those carrying out acts of banditry in the area.

Mr. Temporary Speaker, Sir, I thank the Chairperson of the Committee---

Hon. Senator, your intervention is too long. Could you, please, punctuate it?

Mr. Temporary Speaker, Sir, in a summary, I have just requested for three issues only for the Vice Chairperson to assure this House about. First, she should tell us whether the boundary that has been fixed by the Committee will be respected by leaders of Isiolo.

Secondly, she should assure us that the cases that have been filed against the youth in Isiolo will be withdrawn in the spirit of reconciliation which the Government is talking about. Thirdly, that the disarmament effort is being undertaken in a serious manner and, come next year, we will be told about the number of illegal guns that would have been collected from that area. It is just those three issues.

I thank you, Mr. Temporary Speaker, Sir.

Vice Chairperson.

Mr. Temporary Speaker, Sir, let me confirm to Sen. Murungi that the Government is committed in terms of fulfilling what was agreed upon, and I am sure he has confirmed the same. Regarding the request that he has made, we will have to share with the relevant Ministry and give feedback as soon as it is available.

Very well. Because I can see that either the Questioners or Chairpersons of other Committees are not around, let us go back to Statement (e) .

December 3, 2015 SENATEDEBATES DELAYED TRAVEL OF THE NATIONAL SOCCER TEAM FOR THE RETURN LEG OF THE 2018 FIFA WORLD CUP QUALIFIER MATCH AGAINST CAPE VERDE

Does the Chairperson of the Committee on Labour and Social Welfare have the answers to this?

Mr. Temporary Speaker, Sir, from the outset, I want to confirm to the Senate that we are taking up this matter very seriously. What happened to the Harambee Stars was a shame to us, as a country, for the manner in which they travelled and arrived just a few hours before the match. It is sad that they did not even have time to freshen up. We have made deliberate efforts to get the statement from the Ministry. We were supposed to meet the Football Kenya Federation (FKF) officials today were it not for the extra sitting and we had to postpone the meeting. The Chairperson and our Committee Clerk have called the Ministry the whole of today morning, but we still do not have a response. However, I want to confirm that we are taking up the matter very seriously. We have not adjourned the Committee sittings. We will make even more effort to get an answer to this issue because it is of national importance. It actually touches on the pride of this country.

On a point of order, Mr. Temporary Speaker, Sir. I am just wondering whether we are talking about a horse that has already bolted. It is my considered opinion that football in Kenya is dead.

Order, Sen. Kagwe. Your

Mr. Temporary Speaker, Sir, since this Statement has not been delivered by the Ministry through the Chairperson of the Committee on Labour and Social Welfare and since the Vice Chairperson is here, in addition to the Statement which they will deliver, I want the Chairperson, through the Ministry, to give a clarification on the three dossiers from members of the public, which I have here with me.

Dossier number one is on the agreement between FKF and MP & Silva, a company based in Monaco, whereby FKF received millions of dollars for the Kenya

December 3, 2015 SENATEDEBATES

No, let me see the documents first, whether they are worth tabling on the Floor of this House.

Mr. Temporary Speaker, Sir, okay. Let me finish and then I table the documents because they are three. The first batch is an agreement between FKF and MP & Silva, a company incorporated in Monaco, France. It was agreed that MP & Silva sponsors the KPL clubs participating in our Premier League tournaments, where each of the clubs in the country was to receive Kshs1million on monthly basis during the period of the KPL. The money was wired to the FKF account. I have the FKF Statement here with me that the money was withdrawn in cash by Mr. Nyamweya, the FKF President and his deputies and misappropriated. The matter was forwarded to the Director of Criminal Investigation Department (CID) vide a letter dated 23rd June, 2015 but up to now, no action has been taken. What is the Ministry’s position on this allegation?

I wish to lay the documents on the Table of the House.

Let me look at the Statement.

Mr. Temporary Speaker, Sir, first of all, let me start by thinking that Sen. Kagwe is totally out of order for killing Harambee Stars before they are, in fact, dead. Well, hear me out. The point is, Harambee Stars and the players themselves could be quite in order but the people who are running the affairs of the club could be the ones with the problem. Even the money which the distinguished Senator for Nairobi is talking about is welcome. However, we were treated to a circus where they could not even travel despite the fact that the Government actually gave the team money in the morning to fly out to Cape Verde. They waited until night. We even hear that by the time they got where they were going, they had no money for hotel accommodation and so on.

May I request the House to give the Committee on Labour and Social Welfare where Sen. Wangari is the Vice Chairperson and, I, a member, time to look at this matter? As she rightly said, Harambee Stars themselves were to meet the Committee this morning and they were coming. It is only because we had a morning sitting that they did not. Perhaps we will have looked at all those matters including the papers laid by Sen. Mbuvi, then maybe we can give the House a proper answer.

Very well. Sen. Mbuvi, let me look at the other two documents. Just come to the Chair with the two documents.

That is the dispatch box. Come to the Chair.

Mr. Temporary Speaker, Sir, I would like to table the documents. Do I give them to you first?

December 3, 2015 SENATEDEBATES

Let me look at them first.

Open the page with the signatures, that is all I want. This is okay. We do not accept photocopies.

On a point of order, Mr. Temporary Speaker, Sir. With due respect, I think by way of procedure, what Sen. Mbuvi was attempting to do is the right thing. He is supposed to table and after he has done so, it is the clerk who is supposed to confirm to you that they are authentic or not---

Order, Sen. (Dr.) Khalwale!

Mr. Temporary Speaker, Sir, may I make my point ---

No. I will rule you out of order. Let me look at those documents because I want to allow him to table them. That is exactly what I am doing.

Mr. Temporary Speaker, Sir, with due respect, after he has tabled is when the clerks are in possession of the documents. It is only after the clerks have it that they can pass it over to you. Documents cannot come to the Chair directly from the Member on the Floor--

Order! That is your procedure. Mine is different today. The reason I am doing this is because I want this matter to be disseminated very fast to the Committee. The two documents he has given to me are in order.

Sen. Mbuvi, is that one in order? Do you have the same?

This is the Statement on FIFA on the money that they have remitted and they have done the ---

Order! Allow Sen. Mbuvi to table the documents. I order that these documents be delivered to the Committee to look at the information in the documents and make certain decisions that they cannot make now.

Secondly, I would request that Sen. Mbuvi and all interested Senators to present their views to the Committee. We may not turn this session to be of utmost importance or give you that sort of time that you may need to discuss those documents. It is so ordered.

The Senate Minority Leader (Sen. Wetangula) : On a point of order, Mr. Temporary Speaker, Sir. What is unfolding is very critical. I would encourage the Chair to designate some timeline that the Committee, the recess notwithstanding, be given two weeks to summon all involved parties including the Cabinet Secretary (CS) for Sports, Culture and the Arts, the KFF leadership and any other people with important information to appear before the Committee including the distinguished Senator for

December 3, 2015 SENATEDEBATES

Mr. Temporary Speaker, Sir, I am concerned that we may be sending the wrong message from this House. As a former player of Harambee Stars, I am concerned about the statement made by the Senator for Nyeri, that Harambee Stars and the Kenyan football are dead. If that is allowed to go on the records of this House, we will be conveying a very wrong message to the country. We accept that football in the country has challenges. The ruling you have made this afternoon is probably the correct way to go. However, I want to be on record challenging the statement that football and Harambee Stars are dead. Indeed, football and Harambee Stars are not dead. It is only that we have challenges. That is what this Committee will tackle.

On a point of order, Mr. Temporary Speaker, Sir. In view of your ruling of committing this matter to the Committee – the statement that was requested is limited to the Cape Verde incident only. Because of the interest the House has on this matter and because it is a matter of national interest, could the Committee extend its mandate and terms of reference to include management of Harambee Stars as a whole and not just limited to the trip to Cape Verde?

In view of the documents which the Senator for Nairobi has tabled, this requires a more in-depth inquiry. At the end of it, a report should be tabled and not just a statement being issued. We require a report from the Committee which will be debated.

On a point of order, Mr. Temporary Speaker, in view of what Sen. Orengo has said, football or soccer is international. The Fédération Internationale de Football Association (FIFA) , the international body in charge of football goes out of its way most of the time to assist several federations in various countries to improve their football. Would we ask the Committee as well to look at the regulations governing football in the country and align them to the requests of the body that governs football in the country so that this assistance from FIFA would be useful to the country?

On a point of order, Mr. Temporary Speaker, Sir. As it has been stated, we are ashamed of the performance of Harambee Stars’. Kenya is known for very good performance in athletics and other sports; we need to find out what is ailing Harambee Stars and come up with a probe like the one which was led by Sen. (Prof.) Anyang'-Nyong'o regarding Kenya Airways; to find out exactly what is wrong. There are many things besides administration even in the recruitment of players, which leave a lot to be desired. So, can we think of coming up with a committee to probe this?

On a point of order, Mr. Temporary Speaker, Sir. I suggest that we take as a way forward the proposal by the Senate Minority Leader. This matter is so serious that we have reached a point whereby there is need to do a forensic audit on all the monies that Kenya Football Kenya Federation (KFF) has been handling. I say this

December 3, 2015 SENATEDEBATES

On a point of order, Mr. Temporary Speaker, Sir. Part of my real intent of seeking the statement last week is because I was conscious of the last point that Sen. (Dr.) Khalwale made, particularly the FKF elections that are to be held next week. Therefore, that is why I had wanted, hopefully, to build on a consensus in this House where we can direct, as FIFA and other governments have directed, thorough investigations of FKF. Nothing stops our Criminal Investigations Directorate (CID) . I had asked of the progress in terms of prosecution of Mr. Nyamweya over the botched Harambee Stars visit to Cape Verde and the circumstances surrounding the monies remitted by FIFA.

I am a bit anxious that this very team might be re-elected in the next election. Is there a way this Committee can make every frantic effort possible in the next day or two, to ensure that those elections are suspended until outstanding matters are investigated and culpability, whether criminal or otherwise, is allocated so that we can have a fresh start in soccer? If these elections proceed tomorrow or the day after and the same people are re- elected, they are likely to frustrate any further interventions we can make in the field of soccer.

On a point of order, Mr. Temporary Speaker, Sir. Administration of football needs to be dealt with, not the players. Whoever is coming with suggestions that the team is dead is not telling the truth.

The most important premier league in the world is the Barclays Premier League in the United Kingdom (UK) . It draws players from here; the best number six player all over the UK is Mr. Victor Wanyama who comes from Kenya. The best number 11 player who plays for Liverpool is Mr. Origi who also comes from Kenya. So, the problem is stealing money. Stealing! Stealing! Stealing and stealing! Deal with the stealing and the problem will be finished in this country. Thieves!

Mr. Temporary Speaker, Sir, I concur with Sen. Muthama. As leaders, to restore the Kenyan soccer to its lost glory, corruption at FKF must be dealt with. I do not know what powers the Senate has. The FKF elections will be held in the next few days. The FKF is in operation illegally contrary to Section 48 of the Sports Act. It is supposed to be registered under the Ministry of Sports, Culture and Arts, they have not done that.

Again, in view of your earlier ruling and pursuant to Article 125 of the Constitution and Standing Order No.195, we have the powers to summon the captains and the owners of the aircraft which was hired to transport our players to Cape Verde. There are allegations that the players flew in an aircraft carrying miraa. This is the same

December 3, 2015 SENATEDEBATES

Pease, serve those details to the Committee, because I am about to rule on that.

Much obliged, Mr. Temporary Speaker, Sir.

The definition of a dead Homo- sapien is when you have no pulse and the pupils are dilated and fixed. The definition of a dead football club is as varied as your own thinking, but every dark cloud has a silver lining. Maybe, a few Members of this House are looking at Harambee Stars as a dead club. It would good to resuscitate them. In resuscitating a dead person, sometimes we even use electric shocks. Maybe that is an electric shock, with some reasonable force.

I, therefore, rule that the Committee should include, in their investigations and report, all the issues that have been raised on the Floor of this House today. They should also study keenly the reports and documents tabled on the Floor of this House by Sen. Mbuvi. The urgency of the report is of paramount importance. I do not know whether two weeks are enough, but the important issue is not the short period of investigations. This is a chronic illness that has hit our football industry. The Committee should prepare a thorough report and table it within two months.

On a point of order, Mr. Temporary Speaker, Sir. I do not know whether through the Senate Majority Leader we can impress upon the Government to take direct action. The Committee may come out with a beautiful report and nothing will really happen at the end of the day, although we will have known what is ailing our soccer. I know, as a matter of fact, that funds which come to our football federation from FIFA are in millions of dollars. That is why people are fighting over it. Indeed, in the coming election, the fight is over the dollars coming from FIFA. The connection between FIFA and our local football management is there to be seen. You can even see how we voted in Geneva. Could I impress upon the Senate Majority Leader to ask the Government to take some decisive action? With the documents that Sen. Mbuvi has presented before this House, if the Government can take quick action, maybe we will start dealing with the problem now rather than waiting until the report is out. There is an element of criminality in all this.

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

Order, Sen. Mbuvi! I have tolerated Sen. Orengo’s remarks. I made my ruling and did not intend to allow the opening of a debate. The mandate of the Committee extends to calling the Government, getting proper information and giving them proper instructions. I would not want us to spend the whole afternoon over this issue.

December 3, 2015 SENATEDEBATES

What is it, Sen. Wetangula? Is it on the same issue?

On what Sen. Orengo has said.

I will not allow that. Let us move on.

The Committee on Finance, Commerce and Budget had some reports to be tabled.

Is it on the same issue?

Mr. Temporary Speaker, Sir, I have a request for a Statement.

I remember that. Can we have a few requests for statements?

Mr. Temporary Speaker, Sir, I rise to request for a Statement from the Chairman of the Standing Committee on Finance, Commerce and Budget. We are facing a very serious situation in Meru County, which needs very urgent intervention by this House.

Out of the 47 counties, Meru County is the only county which has not received any money for development this financial year. The Statement should address the following:-

Very well. About two weeks ago, a Member of this House rose on a point of order regarding a situation where some counties were not receiving their money. Sen. (Dr.) Khalwale also rose on a point of order and, indeed, that Member was gagged for having said that some counties were not receiving their money. I would have been very happy to hear that point of order again today, but it has not been raised.

Where is the Chairperson of the Committee on Finance, Commerce and Budget?

Mr. Temporary Speaker, Sir, I want to give some brief information before I indicate when we can respond. I want to advise the Members, including the Senator for Meru, that every budget that has been approved by the county assemblies and

December 3, 2015 SENATEDEBATES

Mr. Temporary Speaker, Sir, it is our duty, as Senators, to protect the interests of the counties. I am aware that there are some budget issues in the county. Is there not something that the national Government can do to assist counties that have those problems, so that people do not suffer as a result of a deadlock between the governor and county assembly as far as the budget process is concerned?

Very well. The Chair of the Committee has listened and clearly heard your last question. I believe that he will include that in his reply.

…….

Order, Sen. Mbuvi! Whereas

I have been advised that he has submitted that Statement to the Clerk but it is still being moderated. So, I request that you hold your horses until when it is brought back for the final signing.

Much obliged, Mr. Temporary Speaker, Sir.

Very good. Now, I will order that everything on the subject that was said by Sen. Mbuvi is expunged.

December 3, 2015 SENATEDEBATES MEASURES TO MITIGATE AGAINST THE EFFECTS OF FLOODS IN ISIOLO COUNTY

Thank you Mr. Temporary Speaker, Sir. I rise to seek a Statement from the Ministry of Devolution and Planning through the Chair of the Committee.

Mr. Temporary Speaker, Sir, as I am standing here, Isiolo County is affected with floods and thousands of people are affected especially in the areas of Modogashe and Gubatu. These people have lost their houses and all the property they had. As we speak, all the pit latrines that they are using are flooded. Soon, these people are going to be affected with cholera and other diseases.

What is the Government doing as an urgent intervention to help these people to deal with the problem of floods? Again, I want to know if there is any measure that they are going to urgently put in place in terms of medication and food supply.

This is a very serious problem because up to now, nothing has happened and yet this has been going on since the rains started.

Thank you.

Devolution and Planning Committee Chair.

Thank you Mr. Temporary Speaker, Sir. I do undertake that the Committee will look into this matter and report back when we are back in session.

It has to be either the first or the second week.

First week, Mr. Temporary Speaker, Sir.

First week when the House is back in session.

Yes, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, this is a very urgent matter and it involves people’s lives. It cannot wait until we come. Can the Ministry do something?

Order, Sen. Adan. Once we go into recess, you know the procedure of recalling this House back to session during recess on an issue that you think is important. If you think it is so important, can you start the procedure by looking for at least 15 names of Senators that will apply for reconvening of the Senate during the recess period which will be then looked at by the Speaker. So, there is a process. We cannot just say we are extending the time tomorrow.

I had ruled that we were going to look at Statements for only one hour. We have exceeded that by nearly 30 minutes. I have other issues that I want done because they were skipped at the level of laying of Papers and I want that to be revisited. What is it Sen Lesuuda?

On a point of order, Mr. Temporary Speaker, Sir. Since as a Committee we had once dealt with such a Statement to do with floods, we had to sent most of the Statements to the Ministry of Water and Irrigation, especially with regard to El-Nino because we know there are programmes that they have had---

December 3, 2015 SENATEDEBATES

Order Members. Let us have some decorum. She is on a point of order.

Mr. Temporary Speaker, Sir, I wanted to bring to the attention of the Senator that some of the issues she has raised, the Ministry of Water and Irrigation could also be in a position to answer those questions.

The Committee also has the mandate to continue with its work during the recess although we are not encouraging any committee work in December. But if it is a matter of urgency, the Committee has that mandate. Even before presenting your report to this House, you have the mandate to give instructions to the Ministry concerned and action will be taken. Sen. Muthama, do you want to speak on the same issue?

Yes, Mr. Temporary Speaker, Sir.

Sen. Muthama, everybody has his own madness and that is mine. How do you give a rider to the Speaker’s ruling?

Mr. Temporary Speaker, Sir, I just want to touch on people’s lives and not on the ruling of the Chair. The matter being raised concerns people’s lives. In two week’s time, El-Nino will not be there but people will have died. My kind request through the Chair is that the Committee should ensure this work is done now. It should ask the Minister to take immediate action with the current situation.

I am sure what we are discussing is on record and this Chair is also requesting the Minister to take action. Can we now have these Papers laid? Where is the Mediation Committee on Drought Management Authority Bill? Who has this Report? Joint Committees on Land and Natural Resources and National Security on Conflicts in Isiolo County. You have that report? Can you Table it?

Mr. Temporary Speaker, Sir, on behalf of the Chairpersons of the Senate Standing Committees on Land and Natural Resources and National Security and Foreign Relations, I wish to lay on the Table of this House today, 3rd December, 2015, the following Paper:-

Report on the fact finding mission on the human-wildlife conflicts affecting members of the Kina community in Isiolo County.

December 3, 2015 SENATEDEBATES

Very well. Now, we have some Petitions. Where is the Chairperson of the Committee on Finance, Commerce and Budget?

Thank you Mr. Temporary Speaker, Sir. I beg to lay the following Report on the Table of the House today, 3rd December, 2015:-

Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition by some members of the Kiambu County Assembly, concerning the passage of the Kiambu County Supplementary Appropriation Bill (Bill No. 3 of 2015) with respect to funds for purchase of vehicles by the Kiambu County Government

Thank you.

Thank you Mr. Temporary Speaker, Sir. I beg to lay a Report on the Petition for the need to reduce the number of devolved units in Kenya by Major

Joel Kiprono Rop.

Very well. Sen. Adan.

Thank you Mr. Temporary Speaker, Sir. I wish to lay the Report of the Mediation Committee on the National Drought Management Authority Bill (National Assembly Bill No. 42 of 2014)

Thank you.

December 3, 2015 SENATEDEBATES

Mr. Temporary Speaker, Sir, I am worried by your direction that every time that somebody should go to the Dispatch Box, but I want to draw your attention to the fact that there is no Dispatch Box. We have a Table. In the National Assembly, there is a Dispatch Box. In the tradition of the House of Commons, the Lord Chancellor of the Treasury used the Dispatch Box for reading the Budget and so on.

Very well. I believe it is on a light touch. We are used to calling that Table a Dispatch Box, although there is no box here. It is the practice. We are using the Westminster system, and probably, we should have a Dispatch Box here. I get your nice joke.

I want to rule—

Mr. Temporary Speaker, Sir, I rise to raise a point of order and also seek your indulgence. A report has just been tabled concerning a Petition regarding the purchase of motor vehicles in Kiambu County. In this particular matter, I was the petitioner on behalf of the Members of the County Assembly (MCAs) of Kiambu.

Although I had absolute faith in the Chairperson and the Committee on Finance, Commerce and Budget, I want your indulgence on how this process has been conducted, the investigation carried out by the Committee and a report tabled to this House without my involvement. I am the one who raised the issues in this House.

Mr. Temporary Speaker, Sir, how did the Committee proceed to conclude the report without even calling me for a meeting? I went to the meeting once. However, the process was concluded and a report tabled in this House without involving me. I do not have any record of one single time as the petitioner, when I have been invited by the Committee to either participate or be privy to what has been going on.

Very well, point taken. Chairperson of the Committee on Finance, Commerce and Budget?

Mr. Temporary Speaker, Sir, the provision in the Standing Orders is that when a Committee concludes a Petition, it forwards its report through the Clerk’s Office which will then forward the report to the petitioners and a copy of the report is tabled here in the Senate. That is what I have just done. The actual petitioners will receive copies through the Clerk’s Office. I am surprised he has not received it. They normally dispatch copies to petitioners and give us a copy to table in the House after such a report has been approved by the Speaker.

However, we, as a Committee did provide an opportunity to the Senator and his colleagues and the petitioner to appear before the Committee and we listened to them. We also gave an opportunity to the MCAs to be present. Based on the evidence that we had, the Committee went ahead to finalize its report.

I agree with him that we did not involve him in the writing, the conclusion or recommendations of the report. However, as a Committee, our position was that once

December 3, 2015 SENATEDEBATES

Order! I want you to look at Standing Order No. 227 (2) . I believe that the Chairperson of the Committee on Finance, Commerce and Budget was relying on that. Therefore, the process was in order, except for one thing, that the Chairperson has promised to submit the report as per our Standing Orders to the petitioner.

If it is true the petitioner and his other cohorts were invited, then he is quite in order. Make sure that the petitioner gets the report. The petitioner is also a Member of this House although the Standing Orders do not allow any discussion of that report. There are many ways of re-opening up the matter. Follow that route and you will be home and dry.

An issue was raised at the start of this House over sessional Committees whose reports were not ready. I have been looking at the tradition of what has been going on. I found out that the practice of Parliament has been that the lives of sessional Committees stand extended until the commencement of the new session, so, you have enough time. The Committees will stand extended up to 9th February, 2015.

Next Order!

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

Sen. Wamatangi, is it on the same issue? I will be badly scratched because once I have made a ruling, the subject remains closed.

Next Order!

We are on Order No.8 on your Order Paper. Can the secretariat ascertain the numbers? I have been advised that we have the numbers. Can we have the Bar closed and we are going to execute Order Nos.8, 9 and11 respectively. Nobody will draw back the Bars without my permission. Can you log in? Mine is not working but I will be assisted.

December 3, 2015 SENATEDEBATES DIVISION ELECTRONIC VOTING

Hon. Senators, the results are as follows:-

December 3, 2015 SENATEDEBATES

Madam Chair, it is true that the Senate Minority Leader raised a number of concerns and we have consulted. It is also true that I got assured by the Committee and I speak in respect of the Chair of the Committee, Sen. Kivuti and the Vice Chair, Sen. Khaniri. The assurance they gave me was that they had not only gone through the Bill and made substantive amendments, but also that they had tabled those amendments and therefore they were before this House.

I went ahead yesterday to counter-check with the Clerk whether it is true. The Clerk confirmed that it was true that the amendments had been tabled. That is the information I shared with the Senate Minority Leader. However, what I do not want to go on record and to be challenged on is the innuendo created by the Senate Minority Leader that I gave him assurances on the quality of amendments because that is not my role.

Madam Temporary Chairperson, I moved this Bill during the Second Reading and as per the requirements of the Standing Orders and practice, the Committee did their work. My responsibility as the Mover and sponsor of this Motion was to get assured that the Committee, as the experts, has examined the Bill which I got. Secondly, that they have made those amendments available by tabling it, which assurance I got.

In fact, I had to push through the Rules and Business Committee (RBC) and the Senate Minority Leader is aware about this. At one point, I demanded that the RBC makes a resolution that the Bill be brought with or without the input of the Committee because the Standing Orders allow that when a Committee cannot bring amendments or a Report within 30 days, the House is at liberty to proceed.

I am concerned because sometime earlier in this Session, this Senate was totally united in criticizing those who wanted to undermine this House by either hoarding or

December 3, 2015 SENATEDEBATES

An

On a point of order, Madam Temporary Speaker. The Temporary Chairperson (Sen. Ongoro): I do not see anything out of order with my response. Could I finish first?

December 3, 2015 SENATEDEBATES

Madam Temporary Chairperson, this is a House of record. I agree with what you have said 100 per cent. However, allow me to say two things. First, in terms of how many people debated, I do not think the lack of debate on the Bill can be visited on any particular person, except the absence of Members. The Bill was in the Order Paper and the seconder was well aware. In fact, I made a lot of effort to ensure that Sen. Wetangula was informed that it was the first Order in the morning, at 9.00 a.m. He assured me that he was on his way, but got caught up in traffic. We were only three Senators here and the Senate cannot wait for Senators.

I can see that you want to hurry me up, but I want to make it clear that I have no interest in the Bill. I have already said the position of the Government. But since I am a Member of this Senate, procedure must be followed, but also truth must be told. If Members are not present during debate, you cannot blame the Senate Majority Leader or the Government. You should actually blame those Members. Why should they get an advantage simply because they never showed up when there was a Sitting for debate?

Secondly, the issue of the work of the Committee is a matter that we have discussed extensively in the Rules and Business Committee (RBC) . The Senate Minority Leader and I have anguished. With great respect to our Committees, especially the relevant Committee here – I can see Sen. Obure, a very distinguished and seasoned parliamentarian – I am dissatisfied with the pace, generally, the quality and the importance some of our Committees give to legislative agenda.

For us to come here and look bad, as if we rushing a Bill and yet the Committee had a lot of time to do the work. If it is my Bill, it means that if it passes the way it is, technically, I would be satisfied. However, as a Senator, I will stand to benefit if the Committee does quality work as experts, and through their work, we are able to debate exhaustively.

Madam Temporary Chairperson, I would like you to also consider the fact that the debate was truncated and it is not connivance. All of us have water issues.

The Temporary Chairperson (Sen. Ongoro) : Senator, could you bring your contribution to a close?

I am concluding, Madam Temporary Chairperson.

The Temporary Chairperson (Sen. Ongoro) : You are now contradicting yourself.

I am not contradicting myself. I would be happy even if we came for a Special Sitting on this matter. However, I would like the Committee appropriately reprimanded for taking too long on a Bill which had even forced me to write to the President, as the Senate Majority Leader, which is unusual. These are issues that my colleague should not take for granted. It is unusual for

December 3, 2015 SENATEDEBATES

December 3, 2015 SENATEDEBATES

Madam Temporary Chairperson, I just want to be on record. When the rules of this House are being broken and we are silent, it might be deemed to mean that we do not know them. In my many years in this House, I have never seen debate take place when the Bars are drawn. Bars are only drawn during Division. That you have drawn Bars, up to and including now, it means that you have set the rules of this House aside.

Confinement!

I dissociate myself with that breach and insist that we will not start changing rules because a different person is in the Chair. We will go by the rules according to the traditions of this House and the provisions of the Standing Orders.

The Temporary Chairperson (Sen. Ongoro) : Thank you for your intervention, Sen. (Dr.) Khalwale, and your very valid observation. I took the Chair after the Bars were drawn and there was a general and unanimous agreement by all Senators that that should be the position, so that we dispense of the business before us. That was my reading of the body language and comments before I took the Chair. However, we need to bring this to a close.

Can we hear from a Member of this Committee, Sen. Obure? In one minute, stick to what I requested you to do earlier.

Madam Temporary Chairperson, I agree that the Senate Minority Leader has raised important issues relating to the quality of the amendments which are being proposed. However, let me also say that this Bill has been subjected to all the processes stipulated in law making. We have had wide consultations with stakeholders. I am also aware that this Bill was subjected to public participation. In addition, all the existing water institutions have been to workshops with the Committee as a result of which some of the amendments proposed were made. We have had consultations with the Council of Governors (CoG) which has the mandate to administer the function of water.

The Temporary Chairperson (Sen. Ongoro) : Order, Sen. Obure. We did not ask you to take us through all that. Your responsibility is to agree with us on the position that has been taken by the House and on behalf of the Committee, request for a specific duration during which you will interrogate as earlier agreed.

Madam Temporary Chairperson, I think I have a responsibility to try and explain the processes. My Leader has made a general accusation ---

December 3, 2015 SENATEDEBATES

Yes. My Leader has made a general accusation about the Committee failing to do its work. I am not convinced that this accusation is justified; that it has a basis. This is because right now, I am not even exactly sure what specific amendments my Leader has in mind. I am not aware of the specific amendments.

The Temporary Chairperson (Sen. Ongoro) : Please, conclude.

Madam Temporary Chairperson, the Committee has been prepared all along to receive input from the Senate Minority Leader or any member of the public. If we will meet again, I will invite any member of the public and specifically the Senate Minority Leader, to make his input to these amendments.

However, I think it is grossly unfair to the Committee because we have taken all these time trying to get views from members of the public as a result of which these amendments have been proposed. Therefore, my point is that I feel a little hurt. Being a Member of that Committee, I know how hard we have worked and it is not just fair that this allegation should be made against the Committee.

On a point of order, Madam Temporary Chairperson. It has never happened in ---

Madam Temporary Chairperson, you know the Bars are still drawn. You cannot have this process going on when the Bars are drawn because we are even debating as if we are imprisoned. I mean, during this process---

For the Senate Minority Leader and the Senate Majority Leader to argue before us in the manner that they have done when they have possibilities of dealing with matters – including why this matter is in the Order Paper – it is something that they would have dealt with a little bit differently. However, I am more concerned about being kept a prisoner here for this amount of time, we are debating and there is no conclusion to this debate.

The Temporary Chairperson (Sen. Ongoro) : Hon. Senators, we have to bring this to a close. However, Sen. Obure, you did not come out clearly on how many weeks you requested. Therefore, I will make a ruling.

Before, I proceed, I ask all Senators that having made these observations, the general agreement is that the interventions that we were to deal with were not substantive. Therefore, any Senator with proposed amendments - I heard occasion to listen to the Senate Minority Leader, if only you could concretize those proposed amendments that you had and put them in writing, so that we have them before the Committee of the Whole when we proceed with this.

In conclusion, Senate Majority Leader, before you proceed, you took us through a long analogy of who should be blamed. This House has leadership and in case any Committee is under-performing, the buck stops with the leadership of the House. From where I sit, it is not upon the Chair to reprimand anybody. We have a leadership in this Senate. It is upon you to undertake and know how your committees are performing and

December 3, 2015 SENATEDEBATES

Madam Temporary Chairperson, I accept your statement and direction. I have only one issue to clarify, which is, having listened to a member of that Committee – and for your information after consulting the Chairperson and the Vice Chairperson, I was asked to deal directly with Sen. Obure as the representative of that Committee.

Madam Temporary Chairperson, I beg for your attention. The Committee delegated Sen. Obure to speak on its behalf. He has just told us that they did their job. Therefore, the question we are dealing with is not whether they did their job or not because they did. The question is whether their job was good enough or not. That is a different matter altogether.

Spoke off the record) Madam Temporary Chairperson, why are you gagging me? Not unless you have a personal interest in this Bill. It is my Bill. My counterpart stood here and made very damaging remarks about my motives.

The Temporary Chairperson (Sen. Ongoro) : I will not take that kindly. I do not have any interest in this. All I said is that this House has leadership and the buck stops with it. From the way you are contributing, it is as if I am supposed to reprimand your Committees.

You are the Temporary

No, no, no. Why do I not conclude?

The Temporary Chairperson (Sen. Ongoro) : Allow us. The buck stops with you. Ask for the number of weeks that you want--

No! They have talked to everybody.

The Temporary Chairperson (Sen. Ongoro) : Now, we are considering the contributions of Sen. Orengo and Sen. (Dr.) Khalwale. I now order that the Bars should be open.

Which time? What for? I am changing my mind because---

The Temporary Chairperson (Sen. Ongoro) : Open the Bars!

No! The Temporary Chairperson (Sen. Ongoro) : Open the Bars!

I am changing my mind because the concession in---

December 3, 2015 SENATEDEBATES

One day to interview the Senate Minority Leader then we come for a Special Sitting.

The Temporary Chairperson (Sen. Ongoro) : No problem. When do you want to interview him? How many weeks? We are giving you the first week after we report. Bring us your substantive report.

Next Order! Sorry, we are reporting progress then we move to the next order. Sen. (Dr.) Machage, take the Chair to report progress. Senator Majority Leader, you have one minute to report progress.

No, Madam Temporary Chairperson. I was overwhelmed with the uproar before I concluded my point. Having listened to Sen. Obure, as far as the Committee is concerned, they talked to all stakeholders and invited them to bring amendments. To the best of my understanding, if the Committee has conducted public participation, if any other Senator wants to bring amendments, they can bring them now, in which case, I find no reason why we should not proceed. I am beginning to suspect that my brother tricked me into a consensus while his aim all along was just to sabotage Government legislation for nebulous reasons.

As a way of consensus, I would only concede if the Committee is given two days to get the Senate Minority Leader’s proposals then they issue a report and the House can now consult on when to sit.

Thank you, Madam Temporary Chairperson. You have protected me after a long time. I appreciate. I request that the Committee be directed to spend two days to interview anybody else they have not interviewed and get the recommendations of the Senate Minority Leader and after the

December 3, 2015 SENATEDEBATES

December 3, 2015 SENATEDEBATES PROGRESS REPORTED THE WATER BILL (NATIONAL ASSEMBLY BILL NO. 7 OF 2014)

Madam Temporary Chairperson, I respectfully beg to move under Standing Order No. 139 that in view of the nature of the conversation and debate that has gone on for the last one hour, that however much time you will give to the contending parties, we will continue sitting here until 6.30 p.m., without resolution. In fact, as we debate on this issue, we cannot decide either way. You can choose to believe that the Majority Leader or the Minority Leader but then, what is the House to do?

Madam Temporary Chairperson, I beg to move that this Committee of the Whole moves to report progress and that the substantive Chair resumes the Chair so that we can report progress. If there is need to sit again, then the plenary can give directions whether we can sit again as a Committee or as a whole House. But I will want to echo the words of the Chair that there are matters which if there is consultation, then we do not need to involve the Chair in the acrimony that is generated between the two leaderships of the House and they should make up their minds on where they want us to go.

I think we have been on this long enough and we must bring it to an end. The bars have been drawn and whatever we say now on the Committee is of no consequence. The only consequence will be by reporting to the House.

I beg to move. The Temporary Chairperson (Sen. Ongoro) : Thank you Sen. Orengo. You do realize that it was under that same Standing Order that we were requesting the Leader of Majority to report progress because we are not able to move without that mandate being executed. However, it is also in order for a Senator to raise it. I will now under that provision put the Question.

Can the Chairperson report

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered the Water Bill (National Assembly Bill No. 7 of 2014) and seeks leave to sit again tomorrow.

Mover.

December 3, 2015 SENATEDEBATES

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said Report.

Who is seconding?

The seconder is Senator

Order. We should also thank Sen Orengo to have wanted to second. I now propose the question.

Next Order.

Mr. Temporary Speaker, Sir, I beg to move the following Motion:-

THAT, this House adopts the report of the Mediation Committee on the County Governments (Amendment) Bill (Senate Bill No.1 of 2014) laid on the Table of the House on Wednesday, 18th November, 2015.

Hon. Members will recall that the Mediation Committee on County Governments (Amendment) Bill (Senate Bill No.1 of 2014) was appointed by the Speakers of the two Houses of Parliament pursuant to Article 112 (2) (b) of the Constitution following the rejection of the Bill on 6th, August, 2015 by the National Assembly at the stage of Second Reading. Subsequently, four Members were appointed to the Committee from each House with a view to attempt to develop a version of the Bill that both Houses will pass. In my report, which is before Members on page 3, it shows the composition of the Mediation Committee and the details are as shown.

On page 4, it refers to the election of the leadership at which I was elected the Chairperson of the Committee, and hon. Wanjiku Muhia was elected as my deputy. On pages 5, 6 and 7 is simply procedural issues. Allow me to go to paragraph 1.53 which is the issues that my Committee identified as being important to address which are found on page 7.

The first issue was:-

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December 3, 2015 SENATEDEBATES

December 3, 2015 SENATEDEBATES

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

Senator, it has not been seconded, is it about procedure?

Madam Temporary Speaker, yesterday, I raised the matter of our workers in our offices and I was told to move a Motion of Adjournment to discuss that issue today and it is not on today’s Order Paper. I have sought explanation from the Clerk and he tells me that the issue has been resolved and that the Parliamentary Service Commission (PSC) will be paying our workers by tomorrow.

I would like that issue to be officially stated from that Chair, so that when we leave, we are not leaving on the basis of speculation. If my Motion will not be debated, we need an official communication from the Chair explaining to us why the Motion of Adjournment is not on the Order Paper.

It is noted. Kindly let us proceed with the seconding of the Motion that was on the Floor. I will give an undertaking later.

Thank you, Madam Temporary Speaker. I will be very brief. I rise to second this Motion.

I thank Sen. (Dr.) Khalwale and the rest of our colleagues who participated in the mediation on the amendments to the County Governments Act. The culture of mediation in a bicameral Parliament where there are differences between the two Houses is a very healthy culture for democracy. I, therefore, want to applaud all the Members of this House and the Members of the National Assembly who took part in the mediation for reaching a consensus and promoting the spirit of a bicameral Parliament.

Secondly, Madam Temporary Speaker, I want to emphasize how important this Bill is. In many counties, there have been a lot of push and pull over county headquarters. Therefore, what this Bill does is to settle the issue of county headquarters in law. Our people in our counties can now move to the next level which is to develop the counties. There have been a lot of time and political energy wasted, for example, in Kiambu County. I know in many other counties across the country where the issue of headquarters has raised a lot of tension and wasted valuable development time.

I commend the sponsor, the Mediation Committee, and I once again, say that this is an important legislation. I represent Tharaka-Nithi County in this House. It is now official our county headquarters is in Katwana Town. This will be a big thing for Kenya because we are starting from scratch.

With those few remarks, I second.

December 3, 2015 SENATEDEBATES

The Floor is open for any contribution.

Thank you, Madam Temporary Speaker. I want also to voice my support and congratulate the Senator for Kakamega and the Committee that mediated this legislation. Kiambu County is one of the great beneficiaries of the efforts of Sen. (Dr.) Khalwale and the new legislation that he has introduced in this House. For the last two and half years, in Kiambu, we have antagonized, hustled and haggled until this time when I believe that using this legislation, we can affirm that the headquarters of Kiambu county will be in Kiambu Town.

For the last three years now, the residents of Kiambu County have undergone tremendous suffering because of the dispute over location of headquarters. Kiambu County stretches from Lari as one proceeds to Nakuru, which is at the boundary of Kiambu with Nakuru County. So, you can imagine residents of Lari going to Thika to seek essential services. They had been using three vehicles to get there.

Old women and men, young mothers carrying their children and the rest of us have been going all the way to Thika to seek these essential services. It has been a challenge. Imagine pastors seeking approval of church buildings, they had to troop for such a long distance and waiting endlessly for services. Now we can put this to rest because the headquarters is now in a central location; that is, Kiambu Town. Every citizen who lives in the county can now conveniently access services.

One thing that should not pass without being pointed out, especially in my county, we have wasted a lot of public resources. The first thing the Governor of Kiambu did when he was elected was to spend millions of shillings to relocate the headquarters to Thika Town. He set up the headquarters in Thika Town at the cost of the mwananchi. He used taxpayers’ money to refurbish offices in Thika Town. When the calls intensified that the headquarters is supped to be in Kiambu Town, the Governor again spent more money to do another model of headquarters in Kiambu Town only to look for political assuage. We have had a case of double loss. That is one of the matters queried by the Auditor–General. How much money was hived hurriedly and supposedly used to construct a model of what was supposed to look like headquarters for the county?

I want to commend the effort put by this Committee because it has been a long fight, struggle for this Bill to have finally found its day in this House and passed. For the other counties, we also want to laud the efforts on behalf of other counties like Tharaka- Nithi, and Nyandarua, where my friend and colleague, Sen. Karue, comes from. They have said for a long time in this House that their counties do not have headquarters. The Senate Majority Leader was telling us a few minutes ago that the new headquarters of Tharaka–Nithi will now be in a small town with a population of about 1,500 people, but it will grow to become a big town.

In conclusion, I support and laud the efforts of (Sen. (Dr.) Khalwale.

Hon. Senators, bearing in mind that we need to move the adjournment Motion before 6.00 p.m. the other speakers will contribute for four minutes each.

December 3, 2015 SENATEDEBATES Sen. (Prof.) Anyang –Nyong’o:

Madam Temporary Speaker, I commend the work of the Committee and particularly Sen. (Dr.) Khalwale who has been on this matter ever since the inception of this Parliament. The fact that we are designating specific areas to be county headquarters may not be important as we speak today, but when we look at the problems that emerge historically in many countries, a debate about where the capital or boundary is can be quite acrimonious.

It is for that reason that in our Constitution under Article 6, the country is divided into counties which are specified in a Schedule. If that is not done, we will end up in

December 3, 2015 SENATEDEBATES

I support.

Hon. Senators, there is a Communication from the Chair and because it is regarding the same matter on the Floor of the House, on the Mediation Committee, it is proper that I communicate before we proceed.

December 3, 2015 SENATEDEBATES

Thank you, Madam Temporary Speaker. I also thank the team and, especially the Chair of the Mediation Committee, knowing that he was the Mover of the amendments to this Bill. This House can help counties that have not defined their county headquarters. Therefore, we expect that the governors will enjoy the fruits of the Constitution, particularly on the issue of delimitation of boundaries. Kiambu County, for example, had a problem until this Senate had to intervene.

Therefore, we appreciate the thinking of Sen. (Dr.) Khalwale to ensure counties boundary’s sanity. The governors should not look at this as if it is under their prerogative to decide where their offices should be, but to appreciate the administrative boundaries.

I support.

I call upon the Mover to reply.

Madam Temporary Speaker, a lot of thanks to all the Senators who have spoken in support. I hope that support will continue into the voting.

Madam Temporary Speaker, the people of Laikipia wrote to me, through their County Assembly and Senator, about the need for us to support the headquarters in Rumuruti. Now, they can rest pretty, assured that that is the case. The same applies to the people of Kirinyaga because they were worried about the competition between Kerugoya and Kutus. That has been settled and the headquarters is now in Kerugoya.

You have heard the emotional presentation by the Senator for Kiambu. Let the people of Kiambu sit pretty. The people of Tharaka-Nithi had a big challenge because their intended headquarters is Kathwana, where they are literally starting from scratch. Since their son is one of the favourite politicians in the eyes of the President, we hope that he will use those connections to cause the President of Jubilee Government to send money for construction of the headquarters in Kathwana.

Madam Temporary Speaker, there has been anxiety in sections of Bungoma about the possibility of somebody moving the headquarters to Webuye and that is gone. Similar anxiety had been in Kakamega, about some intentions that the headquarters should move to Mumias. That is sorted out and there will be peace in all the 47 counties.

Madam Temporary Speaker, I beg to move.

Senator, you realise that this matter affects counties and, therefore, we cannot take a vote. However, you did not make that request.

On a point of order, Madam Temporary Speaker.

Proceed.

December 3, 2015 SENATEDEBATES

Madam Temporary Speaker, I rise under Standing Order No.54 (3) to request that you defer the putting of the question on this Motion to another convenient date.

Thank you, Madam Temporary Speaker.

We will defer all other matters and move to Order No.16.

December 3, 2015 SENATEDEBATES

December 3, 2015 SENATEDEBATES

December 3, 2015 SENATEDEBATES

Madam Temporary Speaker, I beg to move:-

THAT, pursuant to Standing Order Nos.27 and 28 (3) , the Senate do now adjourn until Tuesday, 9th February, 2016. As I said in my earlier statements during the day, we have come to the end of this session. This Motion is just a routine Motion because, normally, the calendar of this House is approved ahead of time. At the beginning of the session, the calendar is agreed upon and decided by this House.

Madam Temporary Speaker, once again, allow me to say how happy I am with what we have done during this session. The Third Session of this Senate has been one of the most productive sessions. We have two more sessions to go before our terms ends and what excites me most is the number of legislations we have passed between February and today. Just by way of applauding and congratulating ourselves, we have passed The National Flags, Emblems and Names (Amendment) Bill; The Parliamentary Service (Amendment) Bill; The Potato Produce and Marketing Bill; The Fertilisers and Animal Foodstuffs (Amendment) Bill; The Food Security Bill; The Persons with Disabilities (Amendment) Bill; The Statutes Law (Miscellaneous Amendments) Bill (No.2) of 2013; The National Youth Service (Amendment) Bill; The Public Fundraising Appeals Bill; The National Police Service (Amendment) Bill; The National Government Coordination (Amendment) Bill; The Natural Resources Benefit Sharing Bill; The Mining Bill; The Drought Management Bill; The Public Service Values and Principles Bill; The Environmental Management and Coordination (Amendment) Bill; The Division of Revenue Bill, 2015; The County Allocation of Revenue Bill, 2015; The Public Audit Bill, 2014; The Public Procurement and Asset Disposal Bill; The Fair Administrative Action Bill; The Climate Change Bill; and, The County Early Childhood Education Bill. It is no mean task for us to pass 23 Bills in one session.

Over and above that, we have also passed numerous Motions and not less than 160 statements have been raised before this House during this session. Therefore, I am very excited for that and all of us have earned this recess.

I hope we will use this recess to refresh a bit and reconnect with our families, especially during the end of year festivities. Sometimes, we get very much immersed into serving the people that have elected us, which is very good. However, we forget that we also have another constituency called families. We are also responsible to the nation in terms of being there and ensuring that our family units are functional and successful.

December 3, 2015 SENATEDEBATES

Madam Temporary Speaker, I stand to second the Motion of Adjournment as moved by the Senate Majority Leader. I join him in congratulating the Senators for the efforts they made during the Third Session. This is a well deserved break. I also appreciate efforts of the various Senators who have contributed to the 23 Bills. Quite a number of Motions were passed. I hope using our Committee on Implementation we will track and check the progress. I am sure that Committees will be meeting over the recess. It will be very important to track how those Motions are actually being implemented by the various Departments of Government.

Madam Temporary Speaker, I want to make a small comment on the issue of statements, generally. A number of committees were not able to effectively get statements from the line Ministries. There was failure to get responses from a number of them, including the Ministry of Health, the Ministry of Interior and Coordination of National Government, in some instances and a few others. Many a time, what worked best for us was when we called the Cabinet Secretaries to come and explain or clarify points which we thought were not sufficiently addressed during the statements which Members sought.

Madam Temporary Speaker, quite a number of challenges exist in this country. Corruption is the number one disease in this country. In fact, it is endemic. From one Ministry to the other, new things unfolded. We called the EACC to act tough and very fast where serious issues of fraud had been noticed. Any case that may have been taken to court must be moved to conclusion. It is a big issue for us and that is why we are unable to make any meaningful development in this country.

Other challenges that existed during this same period included insecurity.Though improved in certain areas, the challenge still exists.

Madam Temporary Speaker, let me point out the issue of teacher shortage in north eastern where the Jubilee Government has pledged to recruit 800 teachers through the boards of management in schools. Let me tell Kenyans today that the pledge that was made four months has not materialized. Heads of schools were asked to recruit teachers, but payments have not been made to date.

Let me also bring out the issue of failing to fund projects both at the national and county level. The flow of funding has been a challenge. Where did this money go? Has it left the national coffers for places that we do not understand? It is a big challenge. Money has not been given and you heard Sen. (Prof.) Anyang'-Nyong'o raise yesterday that even our own workers were not paid. Unless the situation improves, both operational cost and

December 3, 2015 SENATEDEBATES

Sen. Muriuki, you may take the Floor.

Thank you, Madam Temporary Speaker. I stand to support the Motion. I also wish to suggest that when we come back on 9th February, 2016, we should maybe start with a Kamukunji. This is because by the look of things, there seem to be too many loose things in the way we handle business in the Senate at the moment.

We have had, for example, a lot of business which has taken far too long and sometimes Bills stay on the Order Paper, sitting after sitting, because Members did not come for one reason or another. Sometimes voting is suspended for endless days and also other small things like, for example, when a Mover moves a Motion, he or she should be held here to hear what Members say. If you move a Motion and then walk out like the Senate Majority Leader did, then he will have no idea what Members talked about. As much as this particular Motion has no reply, nonetheless, he should listen to what Members say.

December 3, 2015 SENATEDEBATES

Hon. Senators, we have just about 20 minutes to conclude and I have about nine requests. So, it will be in order if I limit debate to three minutes each to give everybody a fair chance at contributing.

Madam Temporary Speaker, I also rise to support this Motion of adjournment. I request that when we are adjourned, let us be given the whole month of December without any senatorial responsibilities because we need to rest.

Second, I know that in January, there will be Committees meetings. Again, I request that those meetings are not too crowded because we should also take time to spend some time in our counties. This particular session was very busy with Members criss-crossing from one Committee to the other and I think people are a little exhausted.

Madam Temporary Speaker, having said that, I would like to congratulate fellow colleagues for the good work done, having passed so many Bills, Motions, Statements, and so on. However, when these statements are issued in the House, given that we have a new dispensation where the legislature is separated from the Executive; that the Executive takes the words that they deliver to this House seriously with implementation.

I would like to join my colleague Sen. (Eng.) Muriuki to add my voice to the need for an in-house re-evaluation of how we work. I do not take it kindly that I moved a Motion yesterday to be discussed today as a Motion of Adjournment and the least that the Speaker’s Panel and the Clerk could do was to issue an official statement in this House to assure our support to our workers. I take exception to treating our workers so casually. They make us do our work. If they have not been paid for three months and we are going

December 3, 2015 SENATEDEBATES

Thank you very much Senator. I undertook earlier to give a communication when you raised that.

On behalf of the Senate Leadership, the Speaker’s Panel, the Speaker’s Office and the Clerk, that over sight should not happen again.

Having said that, immediately you raised it, I undertook and from the Chair communicated to the Clerk who is currently attending a PSC meeting and because of the weight of that matter, he has assured us that, is one of the matters that he is concluding at the PSC meeting. I undertake that has been dealt with and I am hopeful that by the end of today, they will have dispatched payments. ]

December 3, 2015 SENATEDEBATES

Madam Temporary Speaker, thank you, for this opportunity. As you said, we are coming to the close of our Third Session which effectively for some us is our third year in active politics.

First and foremost, I join Sen. (Prof.) Anyang'-Nyong'o and re-associate with your comments for the speedy resolution of the plight of our workers. One thing I must give as a reflection as we wind up; I have been in politics for three years and I am yet to identify with a certain narrative of any institution of this country, whether Parliament, the Jubilee Coalition or even sometimes critically my coalition. I have not seen the progressive Bills that are supposed to make our people better off. I am just seeing a Government or an Opposition just amending little things here and there, looking for Government Amendment Acts to identify County headquarters and a few other things. That progressive agenda that I had hoped would be ushered in by this Constitution through its internalization has been extremely deficit in terms of our transaction.

We have been pulled and pushed into a war with the National Assembly, coming with a few Bills here and there that are intended to implement a couple of things here and there. When we come back next year, we want to associate with Sen. (Eng.) Muriuki. We need to have a narrative of this Senate as a defender of devolution, the weak, social justice and other constitutional values, principles and doctrines that are so ingrained in our Constitution. It has just been mathematics here, an amendment here to a small Bill and an amendment there. The Constitution is so diverse and has opportunity to create a new regime of law and jurisprudence that will inform our generations to come.

The Senate has just been a House in itself that has to a certain extent mirrored the just general practice of assemblies or Houses of this nature. We need to start redefining the narrative of this Senate, so that people can know what to expect of this Senate in terms of the greater constitutional values and the principles that inform our citizenry. That must be cross cutting, be it in the opposition, minority or majority sides.

Madam Temporary Speaker, on the overall it has been a learning curve for many of us. I hope we will get time to go to our constituents. We need to start to empower. When we sit here the kinds of messages that come – a group of people have a narrative out there in our constituencies that whenever you have a problem, the first thing is to text or call your Member of Parliament (MP) to give you some money to assist you in your private quarters. That was informed by a “lootocracy” that preceded us – a group of people who looted the country and the economy, then spread the spoils of war to a certain extent to sustain their privilege in power.

We need to start being focused in public education, empower in terms of the new Constitution. However, the county governments are not doing much.

Thank you, Senator. Your time is up! Proceed, Sen. Elachi.

Madam Temporary Speaker, I also thank all the Members of the Senate. We close the year knowing that the Supreme Court spoke on the issue of the two-

December 3, 2015 SENATEDEBATES

Madam Temporary Speaker, I support this Motion. I joined this House on 18th February, 2015 and I have the distinction of being the newest Member of this House. On that day, as I worked, I was fairly intimidated by the personalities that I found here. However, I have been a keen learner and agitating for the people of Homa Bay County. I thank all the Members who have contributed to my quick settling in and those who contributed to my coming here.

One year ago, I was still not sure I wanted to be a Senator. My skepticism of politics has now been dispelled. When I came to this House, I found men and women committed and passionate about this country. Many people outside this House - you have seen the cartoons and caricatures in the media - depict Parliament as a House of prostitution and a House of all sorts of vices. I can confirm one year down the line that I

December 3, 2015 SENATEDEBATES

Thank you, Madam Chairperson. I also support this Motion of Adjournment. I begin by repeating what Sen. (Prof.) Anyang’-Nyong’o said before. Under the Constitution on Article 127 (6) the PSC is supposed to look into the welfare of its staff and not only those of Members of Parliament. This is a matter that I am glad to hear from the Chair that some action is being taken.

On the issue of Senate being part of the legislature, the Senate has scored below 5 per cent. That is the honest truth. If we are part of the legislative arm, our performance in that area should have been 80 to 90 per cent, but we all know where the problem is.

Madam Chairperson, we continue to tell our friends in the Jubilee to take the Senate seriously. Any Bill that does not pass through the Senate is, probably, because of an oversight. In doing oversight and coming up with problems that confront the counties, it can only be cured by legislation. These Motions that we pass are normal resolutions, but they lack a binding effect. The most powerful weapon that any Parliament has is the legislative power. The fact that there is no law that passes through the Senate and gets successfully assented to leaves a gap. If we were to be asked the question whether or not the Senate has performed its constitutional functions, my answer would be; “no”.

The Senate is a State organ and the Supreme Court has pronounced itself on it. It is high time that this House was given that recognition as part of the legislature. The more warrying trend that I have seen, particularly on laws coming from the National Assembly is that, there is a new attempt to unmake the Constitution. The laws that are going through like the Security (Amendment) Law Act whose sections were rendered unconstitutional by the courts.

December 3, 2015 SENATEDEBATES

Hon. Senators, on my own behalf and that of the Speaker’s Panel, we wish you all a Merry Christmas. It is now 6.30 p.m. - time to interrupt the Business of the House. Therefore, the House stands adjourned until Tuesday, 9th February, 2016 at 2.30 p.m.

The Senate rose at 6.30 p.m.