September 8th, 2016 SENATE DEBATES

Thursday, 8th September, 2016 Special Sitting

Mr. Speaker, Sir, I have signed the Report and I was told it has to come to you for approval before it is tabled here. So, I do not know whether you have approved it.

Okay, we will revisit the matter later. Next Order!

Mr. Speaker, Sir, I rise to give notice of the following Motion:- THAT, pursuant to Standing Order 28 (4) , the Senate resolves to alter its Calendar in respect of Part III of the Fourth Session for the sittings scheduled to resume on 20th September, 2016 instead commences on 27th September, 2016. Mr. Speaker, Sir, thank you.

consulted with the Clerk-at-the-Table)

September 8th, 2016 SENATE DEBATES

Order, Members, Standing Order No.39 allows me to reorder the business on the Order Paper for the convenience of the House. I, therefore, propose that we start with Order No.12 as we wait for more Members to come.

Mr. Speaker, Sir, I beg to move the following Motion in an amended form:- THAT, pursuant to Standing Order 28 (4) , the Senate resolves to alter its Calendar in respect of Part III of the Fourth Session for the sittings scheduled to resume on 20th September, 2016 instead commences on 4th October, 2016.

September 8th, 2016 SENATE DEBATES

A Mr. Speaker, Sir, as Members are aware, this recess has been interrupted several times for good reasons because we had to come back to attend to urgent national duties including this Special Sitting we are having today and the one we had yesterday. Mr. Speaker, Sir, today, we are having a Special Sitting, and we had one yesterday and another one, a week ago. So, it has also occurred that in the process of this recess, for the first time as a House, we will have to sit almost entirely the whole of next week to deal with the matter concerning the proposed impeachment of the Governor of Nyeri County, Gov. Gachagua. For that reason, we have consulted across the political divide and are agreeable that we need to alter our calendar so as to assist Senators to adjust their schedules accordingly. Also, this will ensure that we complete the outstanding activities that will still be outstanding before we come back for the final part of this session. Considering that we are sitting on Tuesday, Wednesday and maybe more days - you will be telling us when you do your communication - but we are likely to sit for several days continuously to deal with the Nyeri matter. Through this Motion, we are proposing that we move the resumption from our recess from 20th September, 2016, to the first Tuesday of October which is 4th October 2016. Mr. Speaker, Sir, I want to urge my colleagues to support this Motion for the reasons which I have stated. With those few remarks, I beg to move, and request my brother, the Minority Leader, to second.

Thank you, Mr. Speaker, Sir, I will be very brief. Indeed, I join my brother to laud Senators for being readily available to be called upon to disrupt their recess to come to attend to matters of national importance and national concern. If you look at the input we have had even the previous sittings that were extraordinary, Members were sitting for long hours beyond the normal sitting time. I can envisage the intended proceedings in the matter of the Governor of Nyeri, this House maybe obligated to sit sometimes if need be up to midnight; meaning in one single day, there will be about three sessions. Consequently, the Senators have only about ten months to the next elections and we need to give them time to recess; to go and fraternise with their constituents. They need to strategise for those who want to become governors and for those who want to be re-elected as Senators. For those who want to be presidents like me need time to go all over the country to market our ideals so that we can get rid of this corrupt Jubilee Government and bring a more responsive government into the country. Therefore, I urge Members to support this procedural Motion so that we can resume on the 4th of October 2016. With those few remarks I beg to second.

Thank you, Mr. Speaker Sir. I want to strongly support this Motion and also thank you for deciding to vary the Order Paper so that we deal first with this Motion before we come to the other substantive business. You deserve this commendation from me for this variance of the Order Paper. As you will see this morning, the Jubilee side is empty and not for nothing. So I believe that as we deal with this Motion, it will give them time to find their way into the House. It is not for nothing because I have seen on social media this morning

September 8th, 2016 SENATE DEBATES

On a point of order, Mr. Speaker, Sir. I appreciate the concern of the Senator of Kakamega County because, truly, we need numbers. It is true also that my side today is looking – temporarily - as if most of my colleagues are on the way. That notwithstanding, can the Senator for Kakamega, a man I respect a lot for fidelity to facts, laws and procedures; tell us which place in this country is called Eurobond Towers? Where are the towers and why are they called so? Can he substantiate that Jubilee Senators are in such a place? Otherwise, he must withdraw and apologise for trivializing a very important party activity that is taking place in the history of this country today. Thank you.

Mr. Speaker, Sir, allow me to profusely apologise if the Majority Leader thinks that I was trivializing an important issue. I was not. In fact, I was acknowledging the grand event that is going to take place for more than two days.

I would like to be informed. The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, I would wish to inform the distinguished Senator for Kakamega County, also known as the bullfighter, that in response to what the distinguished Majority Leader has asked, Eurobond House is situated on Forest Road. It is an eight storied building, clad with a glass facade and constructed by a man called Mr. Kiarie from Kiambu. Mr. Kiarie Mbugua is very well known in many circles in this Town. Lawyers like Sen. (Prof.) Kindiki, Sen. Wako, Sen. Orengo, Sen. Kilonzo and I, know of the doctrine of Res ipsa loquitor. As a student of law yourself, I am sure you have come across this doctrine Res ipsa loquitor. The Auditor General- and this is what I am informing Sen. (Dr.) Khalwale - the Treasury under the command of one Mr. Rotich has been completely unable to show any single project in this country where Eurobond was expended – Kshs.253 billion. In the absence of that explanation, the opulence and obscenity we are seeing in town today can only be interpreted to be a beneficiary of the non-accountability of the Eurobond money.

Thank you, Mr. Speaker, Sir, on a point of order. I appreciate the fact that my leader is a presidential candidate because I saw him launching his bid. But is he in order to say that indeed the headquarters of Jubilee is the fruit of stealing of Eurobond money while he is also a presidential candidate who is going to use businessmen in town and good friends in town? Will they also be the beneficiaries of Eurobond for the money that he is going to use to campaign? Is he not directly so a presidential candidate and he is about to receive billions from Kenyans who are well-wishers?

Mr. Speaker, Sir, I would wish to inform the distinguished Senator for Kakamega County, also known as the bullfighter, that in response to what the distinguished Majority Leader has asked, Eurobond House is situated on Forest Road. It is an eight storied building, clad with a glass facade and constructed by a man called Mr. Kiarie from Kiambu. Mr. Kiarie Mbugua is very well known in many circles in this Town. Lawyers like Sen. (Prof.) Kindiki, Sen. Wako, Sen. Orengo, Sen. Kilonzo and I, know of the doctrine of Res ipsa loquitor. As a student of law yourself, I am sure you have come across this doctrine Res ipsa loquitor. The Auditor General- and this is what I am informing Sen. (Dr.) Khalwale - the Treasury under the command of one Mr. Rotich has been completely unable to show any single project in this country where Eurobond was expended – Kshs.253 billion. In the absence of that explanation, the opulence and obscenity we are seeing in town today can only be interpreted to be a beneficiary of the non-accountability of the Eurobond money.

Thank you, Mr. Speaker, Sir, on a point of order. I appreciate the fact that my leader is a presidential candidate because I saw him launching his bid. But is he in order to say that indeed the headquarters of Jubilee is the fruit of stealing of Eurobond money while he is also a presidential candidate who is going to use businessmen in town and good friends in town? Will they also be the beneficiaries of Eurobond for the money that he is going to use to campaign? Is he not directly so a presidential candidate and he is about to receive billions from Kenyans who are well-wishers?

Order Members! There is something known as being relevant. This is about the calendar and not locations. I had given Sen. Wetangula inference. You must exclude all other possibilities in order to make the kind of inference you are making. Sen. (Dr.) Khalwale!

Mr. Speaker, Sir, indeed as I said at the opening of my contribution, the Senators from Jubilee have started coming in. so, you did a good thing. As I join my colleagues from Jubilee in celebrating this unique unprecedented show of might and opulence, I must also underscore that as “Mtetezi wa wanyonge”, I believe all on the side of Jubilee is not bad. There is one person on the Jubilee side whom we shall celebrate. I have never met her in my life. For years, Mama Margaret Kenyatta has been fighting to get at least one

September 8th, 2016 SENATE DEBATES

What is it, Sen. Kagwe?

On a point of order Mr. Speaker, Sir. Is Sen. (Dr.) Khalwale in order to talk about 47 vans that have been bought by Jubilee when, this morning, the radio is reporting that Governor Hassan Joho is launching and flagging off 47 buses, limousines and 800 other combined forces of vehicles that are going all round the country for Coalition for Reforms and Democracy (CORD) ? Is he in order?

Mr. Speaker, sir, indeed I am perfectly in order and proud to be associated with 47 vehicles that will symbolize hard work as espoused by CORD. CORD has not controlled any Eurobond. So, the money we have is from the blood and sweat of the Kenyans who support integrity and proper use of public funds. The money Jubilee has is the proceeds of Eurobond. Sen. Wetangula could not have put it clearer.

Order, Sen. (Dr.) Khalwale! You are now completely out of order. Conclude and be relevant.

For that reason, Mr. Speaker, Sir, I wish to strongly support this Motion and hope that we will have time when our recess is extended for us to meet our contacts that keep on informing and giving us evidence of the looting that is done by Jubilee. I tell you there is a Luyha song; I cannot be allowed by the Speaker to sing. If only you could allow me, I would sing just one stanza.

(Laugher)

Order, Sen. (Dr.) Khalwale! How I wish I could allow you to sing. I fact, I would enjoy your singing but unfortunately; this is not the place, the time nor the subject to conduct a solo. What is it, Sen. Kagwe?

On a point of order, Mr. Speaker, Sir. I was just wondering, in view of the urgency with which the honourable Senator feels like singing, would I be in order to propose that you allow him to sing the song in English?

Conclude, Sen. (Dr.) Khalwale. Sen. Kagwe is completely out of order. The only way the song might make meaning is in vernacular and he has no translation facilities here.

Mr. Speaker, Sir, I really thank you for protecting me. On a serious note, the import of the song is that you might abuse a position when you are in public office but at end time, thou shall be asked, what did you do? “Ulirevwa marevo”. Thank you and I support.

Honorable Senators, I have two Communications to make.

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

Order, Senators! That is why he is seeking clarification. Proceed Sen. (Prof.) Lesan.

Order, Senators! That is why he is seeking clarification. Proceed Sen. (Prof.) Lesan.

Mr. Speaker, Sir, that was my understanding. However, I stand guided if I misunderstood it. We do know that we will be faced with a lot of information. There

September 8th, 2016 SENATE DEBATES

Thank you Mr. Speaker, Sir. Once again, your ruling and guidance is very clear on what ought to be done. I support your ruling. We must remind ourselves that we are now sitting as a quasi-judicial body. Therefore, as we follow the rules of the House as you have guided, we have to assume a posture of a quasi-judicial body. In as much as every Senator has the right to raise many points of order in the course of the hearing because those are the rules of the House, however, I plead with Members to be a bit restrained on points of order. We should also be a bit restrained on the light moments that we normally have at times. The light moments are good, but in this instance since we are a quasi-judicial body, we should be a bit restrained. Mr. Speaker, Sir, on the issue of deliberative sessions that the Senator for Kakamega has raised, there is a point at which we can have it if it becomes necessary. Even in the Supreme Court they always retire and have their own deliberative sessions before issuing a judgement. Therefore, we should avoid the impression that would be created that this deliberative session will be to cut deals. Members of the public normally think that when politicians go into private sessions, they are there to cut deals and in the process, they never know what passes. It should be made clear that, that deliberative session is not there to knock on the heads of people, so that we agree on the same thing. Each Senator has a right to vote according to their conscience and opinion based on their own evaluation of the evidence adduced before the House. Therefore, it should not be misconstrued that even if we go into a deliberative session, undue pressure will be applied on the Senators to agree. That is not the case. Mr. Speaker, Sir, I support your ruling.

Mr. Speaker, Sir, there is wisdom in a deliberative session. There are some matters that are legal and others evidential. It is fair that Senators do not rise on matters that are legal and speak to things that may cause problems. Maybe the Communication should have been that we will retreat not to seek a consensus, but to distill the facts, as Sen. Wako suggests. In the case of a special Committee there should be a report to be debated in the Plenary. I do not know whether the HANSARD itself will be the report of the deliberations, after we come back to debate; that will be the report. That portion would augment the position by Sen. (Dr.) Khalwale as to what would happen during that session. It should not look as if we will deliberate, make a decision and then come here and play to the gallery as to the decision that we have already made. That is the position. Thank you.

Mr. Speaker, Sir, thank you for the direction that you have given. What I heard is that an opportunity will be given to the county assembly to argue its case and also the governor to defend himself. What I did not hear is whether there will be an opportunity for the Senators to interrogate or question both parties. We need that clarification. Since we shall be sitting as a quasi-judicial body, in this process it will be important that party positions should not come to play. We should look at the facts and the law, but not take

September 8th, 2016 SENATE DEBATES

Mr. Speaker, Sir, I support and compliment you for coming up with a clear direction on how to proceed on this. None of us was under the illusion that it was going to be an easy process. I want to comment on the beginning and the end of it, more so, on the comments by Sen. (Dr.) Khalwale. When we are in a Committee dealing with impeachment proceedings, it is the same 11 Members who listen to the same charges and answers at the same time. However, when we are in the Committee of the Whole, there is that little challenge that Members come and go. Therefore, in the opening session, there will be need to clearly spell out the charges.

Again, since the clerks will be writing down what the charges and responses are, I suggest that, that session should not be for debate. The session is for what has been recorded in the proceedings; the same way a Committee may retreat to debate whether or not they agree, because they have to present a report to the House. In this case, it is seeking a reasonable concurrence on what was said and what the response was, so that there is a reasonable concurrence on what we will be voting on. Therefore, when we come here, each delegation will vote according to their understanding of what was clarified from the records by the Clerk. Thank you, Mr. Speaker, Sir.

We should confine ourselves to the clarifications being sought. Sen. Obure.

Mr. Speaker, Sir, I thank you for the useful guidance. The Sitting we will have next week should be a normal Senate Sitting, except that it is quasi-judicial. I am not sure whether we should put on the gloomy faces on that occasion, as suggested by Sen. Wako. I do not think that, that would be necessary. However, my understanding of the deliberative session is that we will sit in closed door session to seek clarifications, so that we can focus on the key areas before going into voting. I just need some clarification on that. Thank you.

Mr. Speaker, Sir, I also thank you for the direction. Indeed, it will be an opportunity to understand a plenary process. As an institution we need to be very careful, so that we deal with the matter with decorum. After reading the allegations, the clerks should guide us through questioning. We should set rules that will confine us within what we received from the county assembly, so that we do not personalize issues and make the session a theatre. It should be serious business that will make people appreciate the Senate as a House that can deal with matters.

Mr. Speaker, Sir, I am grateful for the guidance that you have given to the House. However, there are two issues that I would like to seek further clarification on. Normally, when courts go into conference and eventually pronounce themselves on an issue by way of a verdict and the judgement, that judgement would explain why a particular decision was reached. If that decision is reached and there is no explanation or reasons anchoring that decision, then it will not be in accordance with the requirements of the Constitution. Similarly, the decisions of the House are anchored through debate. People get to understand why we vote in a certain fashion following a debate. I am worried that if we retreat after hearing without some debate prior to retreating or after, then it will be difficult for people to

September 8th, 2016 SENATE DEBATES

Mr. Speaker, Sir, I join my colleagues in thanking you for giving the clear guidance and direction on how we will move on this matter. There have been speculations on social media and some people were already thinking that you gave a judgment. Some people did not hear what you read yesterday and some want to condemn other Senators for contributing the way they did. It is good that you have given the direction on what you meant by this. That is what we needed. I also saw on television that some people thought that the Committee option was rejected because of claims of bribery. Those are stories that we have never heard of here since we had the four or five impeachment Motions. Kenyans need to be assured that the Senate is here as their custodian and the option that we chose is also allowed in our Standing Orders; that the whole House can turn out to be a Committee and that is what we have chosen. Thank you for giving the clear direction and to assure the people of Nyeri County that their issue is in safe hands.

Mr. Speaker, Sir, this is the first time that the Senate is dealing with such an issue in the plenary. Let me liken what will be taking place here from Tuesday with the Select Committee that just concluded its work on matters to do with the IEBC and elections. Normally, the mode of debate in this House is that time is allocated to every contributor. Taking into consideration that the Governor will be here to be interrogated, the Office of the Speaker needs to come up with guidelines on how to deal with that matter. Otherwise, it could be an issue that will take a lot of time and the interrogations could be complicated. So, I need clarification on the timing of the contributions. Will it be based on what has been the mode before or the approach will be similar to the one that we used to conduct in the Select Committee?

Finally, Sen. Kagwe.

Mr. Speaker, Sir, thank you for such an informed ruling. However, we have grown to expect from you no less than rulings that will be referred to in the future. For me, there are only two things. First, I think it is important for us to understand the difference in etiquette between a normal sitting of the House and that of a quasi-judicial House. I have chaired an impeachment Committee, and I am aware of the time that sometimes it takes. Sometimes, we would sit all the way to midnight and so on even though the report was eventually rejected by the House. However, there are certain issues. For example, is the quorum for a quasi-judicial sitting the same as that of the House? If we do not have a quorum of the House, do we have a quorum for a quasi-judicial sitting? What happens to those of us who go out and come in as we normally do and then ask a question that has already been asked by someone else? What happens when the witnesses’ side will have several witnesses, presumably brought by both sides of the House? What is the procedure for our questioning of these witnesses and at what point do we question them? Is it the whole House, a team or how do we proceed with that? In other words, I am raising etiquette issues and the difference between those two settings. I

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

Mr. Speaker, Sir, I did not intend to talk but after listening to you, I am worried about a small issue which the Speaker might want to entertain in your further reflection on this matter between now and Tuesday. It is the issue of reasons. As my senior Sen. Orengo said, which I support, we shall sit as a quasi-judicial body. One of the indispensable requirements of procedural natural justice as opposed to substantial natural justice is that a decision that comes out of such a quasi-judicial process must be provided - obviously in writing - and reasons for it must be given. Mr. Speaker, Sir, I am worried. I know you have thought about it extensively but between now and Tuesday, maybe there will be need for you to reflect further. I am not trying to challenge your ruling but it is something that you can think about and see whether it can be modified in one way or the other. Off the record, I am willing to share with the secretariat or yourself what I am thinking. This is something we had consulted with the Senate Minority Leader on how it can be modified slightly so that the issue of a decision and the reasons for that decision can still emanate from this process. I am sorry but I just thought it should go on record that that is something worth considering.

Order Senators. We have done one hour. I will just take it as work in progress. What the Senate Majority Leader has noted is significant but I must inform him that it is one area that I am comfortable with in terms of Article 47 on fair administrative action. That applies more to the executive institutions. This is a legislative process but I take your intervention and I will interrogate the matter further. The Senate Minority Leader (

Mr. Speaker, Sir, I did not intend to speak to this but my distinguished brother having raised the matter, we indeed discussed extensively about it with him at the Office of the Clerk yesterday. When I retreated to do further reading and look at the comparable jurisdictions, including Philippines, I noted that in all those jurisdictions - all grounded in the common law system like we do - the proceedings, once they end, the House goes to a direct vote. Nobody retreats to write a reasoned judgment or ruling. It is the vote of the House that is the decision and not what the Speaker or Clerk will write but what the vote will come out of the House is the decision. This is what is practiced in almost all jurisdictions similar to ours.

Hon. Members, you may recall that in most of the decisions that you make, you have never demanded written reasons. This is because Parliament works on

September 8th, 2016 SENATE DEBATES

Mr. Speaker, Sir, I beg to move that The Election Offences Bill (National Assembly Bill No.36 of 2016) be now read a Second Time. I intend to take a short period of time in moving this Bill. This Bill is one of the two Bills that were heavily and extensively negotiated as a result of extraordinary events that happened in our country a few months ago, regarding political differences on the issue of the composition of the Independent Electoral and Boundaries Commission (IEBC) . As a result, this House passed a Motion to establish a select Committee, which was a Joint Select Committee of both Houses of Parliament. That Committee brought a report that was approved unanimously in this House. Part of that Report consisted of two Bills namely, The Election Laws (Amendment) Bill, which is a part of the today’s order later and the current Bill; The Election Offences Bill. I will not speak much because these Bills were drafted as a result of the deep, extensive and frank consultations that took place during the process of the Joint Select Committee. I will just highlight some of the key clauses that are important and then Members can contribute. It is my hope that this being a sui generis legislation, in the sense that it is negotiated legislation, the common divergences will be minimal. I hope that the Senators will pass this Bill, so that we can immediately put in place the process of the proposed reconstitution of the IEBC and set the country back on track in terms of the electoral process. The elections are 11 months away from now.

What is it, Sen. (Dr.) Khalwale?

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, Chinua Achebe in Things Fall Apart says that the very advanced in age, the very old women are always uncomfortable when dry bones are mentioned. He said that long time ago. I do not know in what context. However, in the context of Sen. (Dr.) Khalwale, I am not under any obligations to disclose what I intended to disclose. In any case, I have already given my reason. I do not want to disrupt debate.

September 8th, 2016 SENATE DEBATES

A Mr. Temporary Speaker, Sir, allow me to end by highlighting Clause 17. It is very important. It addresses an emerging issue that has been the subject of political debate in the last few years; technology. Therefore, for the first time, other than offences relating to technology being found in election rules, we now have them in the Statute proper. We have quite a number of rules relating to technology, including, interfering with data in a computer or a programme, altering documents or in any other way, interfering with the technological devices and appliances that are used during election. This Clause addresses a modern issue. If you do not protect technology yet we are investing in it heavily in our electoral system, then we are likely to jeopardize the legitimacy of the entire electoral system. Mr. Temporary Speaker, Sir, allow me to make one last highlight. That is Clause 18 on the duty of employers to allow employees reasonable period of leave so that they can vote. This is a very important Clause. In fact, it specifies that employers must give employees reasonable time to vote. In other words, not 30 minutes or one hour. The voting day should be available for voters. Those who vote far from where they work should be given more time so that they can travel to the places where they vote. In some countries, it is an offence not to vote. The Minority Leader is reminding me and I appreciate. In Australia it is an offence not to vote, unless you are sick or there is a very compelling reason why you cannot vote. I hope that is what we should perhaps be considering in future in this country. Voting, just like paying tax is one of the most sacred and inherent embedded civic duties that a citizen can do. Some of the things that citizens should feel proud of doing include voting, paying taxes and love and defend their country. I would like to end there by noting that Clause 18 provides that when employees are given leave for purposes of voting, their salaries should not be deducted neither should they be penalized. Some employers might be cheeky. They may say, “Okay, fine. You can take two days off to travel to vote but we will deduct that from your salary.” That provision prevents that kind of conduct. Mr. Temporary Speaker, Sir, I do not want to speak more than I have done. I take this opportunity once more to thank Kenyans and the Committee on Legal Affairs and Human Rights of this House. Yesterday afternoon, I am sure they might have interacted with the public to have public participation on this Bill. I am satisfied this is an important Bill. It will sanitize, better and civilize our electoral processes, especially the parts that protect candidates or voters from being molested, coerced and unduly influenced. This is so that Kenya can be a country where citizens make their choices free from any influence as an expression of their birthright and democratic will. Once more, I thank you, Sen. Orengo, Sen. Murungi and your team and all those who contributed in one way or the other, to the development of this proposed legislation. Mr. Temporary Speaker, Sir, with those few remarks, I beg to move and in the tradition of this House, request my brother and counterpart, the Senate Minority Leader, to support this Bill.

Sen. (Dr.) Khalwale, you are completely out of order! Proceed, Majority Leader.

Mr. Temporary Speaker, Sir, Chinua Achebe in Things Fall Apart says that the very advanced in age, the very old women are always uncomfortable when dry bones are mentioned. He said that long time ago. I do not know in what context. However, in the context of Sen. (Dr.) Khalwale, I am not under any obligations to disclose what I intended to disclose. In any case, I have already given my reason. I do not want to disrupt debate.

September 8th, 2016 SENATE DEBATES

A Mr. Temporary Speaker, Sir, allow me to end by highlighting Clause 17. It is very important. It addresses an emerging issue that has been the subject of political debate in the last few years; technology. Therefore, for the first time, other than offences relating to technology being found in election rules, we now have them in the Statute proper. We have quite a number of rules relating to technology, including, interfering with data in a computer or a programme, altering documents or in any other way, interfering with the technological devices and appliances that are used during election. This Clause addresses a modern issue. If you do not protect technology yet we are investing in it heavily in our electoral system, then we are likely to jeopardize the legitimacy of the entire electoral system. Mr. Temporary Speaker, Sir, allow me to make one last highlight. That is Clause 18 on the duty of employers to allow employees reasonable period of leave so that they can vote. This is a very important Clause. In fact, it specifies that employers must give employees reasonable time to vote. In other words, not 30 minutes or one hour. The voting day should be available for voters. Those who vote far from where they work should be given more time so that they can travel to the places where they vote. In some countries, it is an offence not to vote. The Minority Leader is reminding me and I appreciate. In Australia it is an offence not to vote, unless you are sick or there is a very compelling reason why you cannot vote. I hope that is what we should perhaps be considering in future in this country. Voting, just like paying tax is one of the most sacred and inherent embedded civic duties that a citizen can do. Some of the things that citizens should feel proud of doing include voting, paying taxes and love and defend their country. I would like to end there by noting that Clause 18 provides that when employees are given leave for purposes of voting, their salaries should not be deducted neither should they be penalized. Some employers might be cheeky. They may say, “Okay, fine. You can take two days off to travel to vote but we will deduct that from your salary.” That provision prevents that kind of conduct. Mr. Temporary Speaker, Sir, I do not want to speak more than I have done. I take this opportunity once more to thank Kenyans and the Committee on Legal Affairs and Human Rights of this House. Yesterday afternoon, I am sure they might have interacted with the public to have public participation on this Bill. I am satisfied this is an important Bill. It will sanitize, better and civilize our electoral processes, especially the parts that protect candidates or voters from being molested, coerced and unduly influenced. This is so that Kenya can be a country where citizens make their choices free from any influence as an expression of their birthright and democratic will. Once more, I thank you, Sen. Orengo, Sen. Murungi and your team and all those who contributed in one way or the other, to the development of this proposed legislation. Mr. Temporary Speaker, Sir, with those few remarks, I beg to move and in the tradition of this House, request my brother and counterpart, the Senate Minority Leader, to support this Bill.

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

On a point of order, Mr. Temporary Speaker, Sir. Whereas I agree, I pray that words from Sen. Wetangula’s mouth land to God’s ears, that my wallet may be as full. As he prays for that, is he in order to propose that I actually commit electoral offences by the definition of this law? The Senate Minority Leader (

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

A a DO or a DC, you are committing an offence for which you will be individually liable; the State will not pay your fine of Kshs10 million. You will be individually fined and auctioned because of transgressing the law. You will also go to jail for six years and you may even face both; Kshs10 million and six years. Mr. Speaker, Sir, this is very important because the security intelligence--- and instead of the police protecting every candidate, you will find the police are busy following choice candidates and doing all manner of things. Equally, when elections come, I wish we went even further, where does the State end and where does the party end? Where does your official position as a Governor end and where does your official position as a candidate defending your incumbency begin? This is where public resources are routinely abused. I used to see this during the days of retired President Moi. When he goes out to campaign, even KBC, the national organ, is relaying the campaign lies for the whole country to hear. The police and NIS will go there a week in advance to intimidate people and so on and that time

The Use of Public Resources. Mr. Speaker, Sir, this is so important. I do not know who will bell the cat on this. Sen. (Dr.) Khalwale alluded to this when we were speaking about adjourning to the 4th of October. Public resources are routinely abused during elections. As long as you are an incumbent it is a licence to use public resources. That is why in Africa it is so difficult campaigning against incumbency because they have the State machinery at their disposal. I know Sen. (Prof.) Lonyangapuo wants to become the Governor of West Pokot. He will sell his property to go and campaign while the Governor is using the county budget to campaign. You cannot say then it is a fair campaign. The doctrine of free and fair elections is very simple; the elections must be free to the voter and fair to the candidate and it must be fair to all candidates. The race may belong to the strong but every competitor must be given a fair start. Every competitor must be given a fair deal. So, this Bill is very good and the Director of Public Prosecutions (DPP) will be the one responsible under Clause (21). It is only the DPP who has powers. As I speak I remember a petition filed against me in Bungoma where some fellow who came there pretending to be a reverend said he was in a group of people where they were given money to vote. The Judge without any safeguards or any caution says he is convinced beyond any reasonable doubt that an offence was committed. How can you be convinced beyond reasonable doubt that Sen. Mositet committed an offence without hearing him out? That is neither fairness nor natural justice. This Bill cures that and it is very important. I am happy that in the case of my experience and in my own small way, I am contributing to the jurisprudence of this country in terms of how to manage elections before, during and after. Mr. Temporary Speaker, Sir, there are many clauses others will speak to. I want to end here by supporting the Bill and urge the Director of Public Prosecution (DPP) to review all cases of those who were unfortunately arrested, arraigned in court and are being prosecuted in a matter that arose because of the tension that was created leading to the committee of the 14 Members that then brought this product to this House and the ‘Lower House’. I want to salute the ‘Lower House’ for passing the Bill as was drafted and placed before them. I beg to second.

September 8th, 2016 SENATE DEBATES

Thank you Mr. Temporary Speaker, Sir. I rise to support the Bill and thank both the Majority and the Minority leaders for moving and seconding the Bill. I also want to thank the 14 Members of Parliament from the National Assembly and the Senate who worked hard in order to come up with this Bill and the Elections Laws (Amendment) Bill 2016.

Mr. Temporary Speaker, Sir, at the outset, I want to plead with the DPP because this Bill, the manner it has been crafted and the amendments that are contained in relation to the law currently was as a result of the participation and the contribution of the office of the DPP. Now that there are people who are facing criminal charges on account of their campaign to bring about this process, the DPP should use the goodwill that was created by this process; the establishment of the select committee as a basis of withdrawing all the charges against the people who may have been arraigned in court on matters that are related to the various campaigns which have been made out in relation to these Bills. Mr. Temporary Speaker, Sir, one of them is a Member of this House; Sen. (Dr.) Khalwale. I cannot know why somebody like him would be charged with an offence of this nature because I know him well; that he would not commit offences like fraud or stealing anybody’s property but this was in relation to the campaigns that are going on. I am not forgetting the “Pangani six” who include Members from both the Senate and the National Assembly. In the Senate, we had Sen. Muthama. I plead with him in the spirit which this matter was discussed, negotiated and concluded, he should withdraw those charges. Mr. Temporary Speaker, Sir, as a precedence set by the Attorney-General Emeritus, Sen. Wako at one time when we had done the process of bringing about reconciliation and unity in this country. He discontinued many charges against many elected leaders including myself---

What is your point of order, Sen. Kagwe?

On a point of order, Mr. Temporary Speaker, Sir. I wanted to propose and this would not apply to Sen. Orengo, given his work on this Bill and so on. I want to propose, given the time and the fact that we do want to get ahead with passing this Bill, we know Sen. Orengo has done a good job of negotiating this Bill and if he has read it, then we have also read it. I wanted to propose that we limit the contributions to a maximum of five minutes. Since I am going to be a contributor, I am proposing limitation of my own time so that we are able to make progress on it. Would I be in order to propose that?

Yes. I think I am going to agree with the Senator because I can see we still have almost seven people who want to contribute to this. I know, may be, Sen. Wako may want to use more than five minutes as the Committee Chair. So, I could allow Sen. Orengo but in case he feels he can also shorten so that Sen. Wako can have more time. For the rest, we can reduce to five minutes. In fact, I will want the House if possible to make sure that before we suspend the sitting, we finish with order Nos. 4 and 5 in the matter of debating because we may not have numbers to vote but the debates can be done. Proceed, Sen. Orengo.

Mr. Temporary Speaker, Sir, I appreciate the spirit in which the Senator for Nyeri County is bringing that point of order. I will try to be quick. I was saying that Sen. Wako withdrew many criminal prosecutions against elected leaders and other public officials in relation to charges that were politically instigated during his time. Mr. Temporary Speaker, Sir, the reason for this Bill was partly to have a stand-alone statute so that it is not part of the Elections Act. I think is as it should be. Secondly, the more

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

Hon. Senators, our systems had gone down. You have to make your requests again. I remember the person who was following Sen. Orengo was Sen. Wako.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I am pleased to report to the House that although this Bill was referred to our Committee yesterday afternoon, we were able to meet and discuss it. The Committee was able to conduct a public hearing. As you know, the law requires public participation. Although there had been public participation at the hearings of the Joint Committee, we felt that it was also necessary for us to conduct that public participation because we were now discussing a Bill and not a Motion. I will not go into the details of the offences that have been outlined in this Bill because, to me, the Senate Majority Leader and the Senate Minority Leader have adequately addressed the details. In brevity of time, I will not do that, except just to point out that the Bill consolidates the election offences into one Act. I have carefully read both the existing election offences and the proposed election offences. I can confirm to this House that in consolidating, most offences and penalties prescribed remain the same. It was merely an issue of consolidation. There are just a few cases where the Committee recommended and increased penalty. One of these areas was Clause 3 which relates to offences of the register of voters where the existing penalty is a fine not exceeding Kshs100,000 or imprisonment not exceeding one year or both. That has been increased and rightly so, from Kshs100,000 to Kshs2 million. It says a fine not exceeding Kshs2 million and imprisonment not exceeding six years, or both. The other area where they have increased the penalty are the offences relating to multiple registration as a voter. Whereas currently the penalty is Kshs100,000 or imprisonment not exceeding one year or both, that has been increased to Kshs1 million. The most critical area and this is because our elections have sometimes been marred by violence and so on, is increase in the penalties relating to the use of force or violence during the election period. Under the existing legislation, the penalty is Kshs1million or five years or both, it has now been increased to a fine not exceeding Kshs2 million or imprisonment not exceeding six years or both. There are one or two areas which I did not quite understand. This is where the penalties have been decreased. They must be having a good reason for it so I will not belabour that. Instead, I would want to go by the collective wisdom of the Committee in reducing penalties in that area. Amongst the new offences is in Clause 16. That is a new one. The other two new ones which I really appreciate because we had a lacuna there are offences relating to the use of technology in elections. These are new offences which are fairly comprehensive. If one is caught in any one of the items there, they can be fined an amount not exceeding Kshs10 million or be imprisoned for a period not exceeding 10 years, or both. Many of the things are done through technology and the Chairperson of the Standing Committee on Information, Communication and Technology knows that. Most of the offences in Uganda’s elections were on technology. Hi-tech offences are what we are now talking to. Mr. Temporary Speaker, Sir, this morning I was listening to a person who got a Doctorate in a cyber-related field. I was amazed by what can be done to hack personal information through

September 8th, 2016 SENATE DEBATES

Before Sen. Ong’era seconds, I know it is

Mr. Temporary Speaker, Sir, I rise to second and support the Motion. It is fairly straight forward.

On a point of order, Mr. Temporary Speaker, Sir. I rise to request your indulgence and permission to move a short Procedural Motion regarding the election of two of our colleagues, so that they can relieve the Chair. This is because we have a long day and agenda ahead of us. Therefore, with your permission I can move the procedural Motion.

Proceed.

September 8th, 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, I rise to strongly support this Bill. I am proud that I have gone down in history as being one of the 14 Members who enabled the country to come where we are now. Therefore, I use this opportunity to appeal to Senators to pass this Bill without amendments. Mr. Temporary Speaker, Sir, the third Clause talks of the offence relating to the register of voters. I would like the new chairperson of the IEBC together with the commissioners that will be lucky to serve to be aware that this is a minefield. Nobody will ever do what we were witnessing. That is having more than one register and incidences where dead voters, underage voters and outright illegal voters are in the register. It is the responsibility of the chairperson to ensure that such people are not in the register. If he walks around and carries a register with those kinds of inclusions, it is an offence for which he is going to be punished. Mr. Temporary Speaker, Sir, Clause 5 speaks to the offence relating to voting. Under Clause 5 (a) the would be presiding officers are warned that incidences where illiterate voters in the rural areas would go to a presiding officer for assistance and the presiding officer marks for a candidate other than the intention of the illiterate voter or marks in a manner as to spoil the vote for the candidate that the illiterate chose, that presiding officer will bear the responsibility. Clause 5 (b) and (q) warns the voters. We have voters who go to the polling stations pretending that they do not know how to read and write and request to be assisted. This kind of style is the old politics of KANU where the KANU candidates would tell their coordinators that the voters must pretend that they are not able to read and write so that they know that they are voting in proportion with the money they have been given to vote for a specific candidate. Mr. Temporary Speaker, Sir, this is the time that our people will eat Jubilee money and they will vote in secret. There is no way Jubilee will know that the monies that they gave to our people have counted for nothing.

Mr. Temporary Speaker, Sir, I rise to second and support the Motion. It is fairly straight forward.

September 8th, 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, thank you for allowing me to contribute to this important Bill. From the onset, may I say I support the Bill but I think there are some amendments that will be necessary to improve on it. I will be glad if, at the Committee Stage, they are included. The Constitution of Kenya provides under Article 38 (2) that every citizen has a right to free, fair and regular elections. I emphasise the word “fair.” Every citizen has a right to elect a person. However, we saw during the last elections and there is also a tendency coming up where voters are being relocated to areas where they are not ordinarily residents for the purposes of voting for candidates of their choice. Mr. Temporary Speaker, Sir, while it is proper that anybody can register anywhere and vote for the President, it is unfair for voters who are not residents in certain area to go to another area where they have no interest at all to participate in elections. In that way, they are overrunning the local residents and imposing a representative who is not a representative of the people. It is unfortunate that this movement of people to areas where they are not supposed to vote has not been criminalised. In the previous Constitution, one would only register where he or she is a resident or where he or she has an interest of some sort. However, under the current legislation, that is not provided. This will cause a lot of tension. Where the residents there are minority and overrun by a group that appears to be bigger and perhaps from a different community, it will cause unnecessary tension and insecurity. Mr. Temporary Speaker, Sir, it is unfair that this remains so. Looking at the nomination and appointments of commissioners, we have seen under the schedule here that the interests of gender and regional balance have been taken care of. However, the issue of minorities and marginalized communities has not been taken of.

September 8th, 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, I am speaking on the one on the schedule.

Mr. Temporary Speaker, Sir, congratulations.

September 8th, 2016 SENATE DEBATES

) Sen. Karaba, you were on my list but you do not appear now. Sen. Musila, you were also on my list. Sen. Karaba, have you removed your request?

No, Mr. Temporary Speaker, Sir.

Okay. You have five minutes.

Thank you, Mr. Temporary Speaker, Sir. First of all, I want to congratulate you for making that good ruling and observation. Secondly, I congratulate you for being elected the Temporary Speaker for now. I hope that the rest of the process will be smooth. We are discussing a very important Bill. In other countries, the proceedings on this Bill would have been covered live and people would be commenting as we speak. As we discuss this Bill, election fever is already on and campaigns have started. If one commits some of these electoral offences, he or she should be reprimanded. However, despite talking about these offences, over the years no one has been prosecuted for the same. Therefore, it would be important if people who commit election offences are prosecuted. It should also be clarified when the time for campaigns starts and ends. Nobody should talk about elections before the appropriate time. As I speak, some choppers are flying in some of the counties with aspirants pleading with people for support. Election fever has already started. Can we stop those movements and maneuvers, so that the aspirants are told in no uncertain terms that the campaign period is yet to come? If that was to happen from the Senate, we would be seen like we are discussing matters of importance. Mr. Temporary Speaker, Sir, I have heard and read in the newspapers that in some places some people have already been elected through ‘directed’ democracy. In those places, some clans have already nominated and ‘elected’ their people. Will we honor that as elections even when it is not held at the same time as the general election? We should follow the timetable agreed on. Right now there are people who are sure that they will not face any challenge during the election time. We should be candid so that we avoid such utterances and directions from some nomadic pastoralists so that we do not get into problems. This may lead to tribal clashes in some of those areas. This House can contain some of the tribes from engaging in clashes. Mr. Temporary Speaker, Sir, in some areas, nominations by political parties are taken as general elections. Some of these cases are notable in Nyanza and sometimes in the Mt. Kenya Region. The moment a person gets nomination in a particular party, they will not face anybody else in the general election. Does this Bill have anything to do with the party elections, so that the party elections in Nyanza, some parts of Rift Valley and Central regions can be seen as final? This situation can be tantamount to cheating, if somebody who has been elected in the party primaries thinks that he or she has been elected in the final elections. We must be careful because we have passed another Bill prohibiting party-hopping. If party-hopping will not be allowed and someone is already disadvantaged in the party primaries, we will have unfair representation, which is not natural suffrage. We should, therefore, interpret this Bill carefully. Mr. Temporary Speaker, Sir, results are supposed to be released within a short time. To avoid any rigging results should be released from the polling stations, so that polling---

Your time is up. Sen. Musila.

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

Yes. We are still on The Election Offences Bill.

Mr. Temporary Speaker, Sir, the issue of public officers’ participation and trying to influence elections has been with us for many years, in fact, as long as this Republic was born. This is one of the offences that have continued to be committed with impunity. These laws are good, but the question people are asking is: Will we implement or prosecute culprits when they commit these offences? We have public officers who are involved in politics. Public officers, under the guidance of governors - not just in Kitui but all over the Republic - are already campaigning. I want to applaud the offence of promising development. As I speak, agents of governors and even public officers within the national level are going round promising development and things that obviously cannot be achieved, particularly in the counties. Therefore, these laws are good and I support them. I want to urge that we should not have laws and expect to have good elections, unless we diligently ensure that we implement and prosecute, particularly, the public officers who are campaigning for individuals and candidates, particularly governors, who are already promising things that are meant to influence voters in the coming elections. I like the bit that says that one can be prosecuted even long after. I want to tell them that this law will be applied. Those who are breaking the law now better read this law when it is passed because they will end up in jails. Mr. Temporary Speaker, Sir, I beg to support.

I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I beg to move. However, given that we do not have the threshold for a vote, I request, under Standing Order No.54 (3) , that the Chair defer the putting of the question in the special circumstances for a Special Sitting, not to the following day, but to 4.00 p.m. by which time we hope that the Whips would have helped us to get enough Members to vote.

Your request is granted.

September 8th, 2016 SENATE DEBATES

Yes. We are still on The Election Offences Bill.

September 8th, 2016 SENATE DEBATES

Senate Majority Leader, I thought you would expound on the word “shall” used for party nominations on the IEBC. I do not think you expounded on it. Instead, you used the word “may.” The Senate Minority Leader (Sen. Wetangula) : Mr. Temporary Speaker, Sir, I beg to second this Bill. Once again, I salute the Committee of 14 and its leadership; including Sen. Orengo and Sen. Muthama. I take this opportunity to repeat the appeal to the Director of Public Prosecutions (DPP) on the issue of those who have been charged in activities running up to these negotiations. Mr. Temporary Speaker, Sir, let me start from where you asked a question. Actually, the word “shall” does not obligate the electoral commission to mandatorily conduct nominations but it is upon the request of a party. Once a party requests, it must conduct nominations. So, there are obligated on request but if they are not requested, then there is unlikely that anybody can force them. Mr. Temporary Speaker, Sir, I will speak to a few things in this Bill. First is the issue of nominations and the timelines set. I think it gives parties and candidates who have been nominated ample time to try and reconcile themselves with those they have defeated and heal

September 8th, 2016 SENATE DEBATES

On a point of order. Mr. Speaker, Sir. I understand the challenges the leader the Minority and his coalition are going through for the last few years until now. But I do not think it is in order for the Minority Leader to impute improper motives on one Sen. Bule and Sen. Sonko. The insinuation by the Leader of Minority

A is that

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

Senate Majority Leader, I thought you would expound on the word “shall” used for party nominations on the IEBC. I do not think you expounded on it. Instead, you used the word “may.” The Senate Minority Leader (

On a point of order Mr. Temporary Speaker, Sir. Is my fellow Senator in order - if I can recall what I have undergone in the hands of CORD or Wiper? In 2013 when the party’s primaries were conduced, I was deleted from the process by the party who believed that Bule cannot make it to Parliament? I was de-whipped and I sought refuge in that small party of which I cannot even recall the leader. So, I am a person who has the power to retain my sit whether as a private candidate or as Bule. So, that issue of party will never deny me---

September 8th, 2016 SENATE DEBATES

I have not finished, Mr. Temporary Speaker, Sir. So, is the Senator in order to say that Sen. Bule has just crossed over? They threw me out of their window and there is no day that I will be with them again.

September 8th, 2016 SENATE DEBATES

A is that

Sen. Musila does not want to be informed. I have not given you the Floor Sen. Wetangula. The Senate Minority Leader (Sen. Wetangula) : I have been challenged and I will briefly say as follows. The distinguished Senator for Tana River County who is a good friend of mine was elected on Federal Party of Kenya (FPK) ticket, then led by Cyrus Jirongo. Jirongo signed an agreement with CORD and he stood as a Senator for Kakamega on his party ticket, competing with Sen. (Dr.) Khalwale on a CORD arrangement. When we came to the Senate, the first person to commit an act of treachery to CORD was none other than Sen. Bule who turned up in an immaculate white suit; brand new and still branded; literally looking like he was a prisoner of one Sen. Sonko, who was policing him throughout the voting and these Members can remember that. He nearly committed an offence we have just created of a man who knows how to read and write, but pretending that he does not know how to read and write so as to be voted for by another. The law is now getting tighter and my friend Sen. Ali Bule should now be warned because things are now changing for the better. I also want to tell the politicians that they must have fidelity to their parties. The ever hopping and travelling members never end up well in politics. They keep on moving, but sometimes things do not work for them. Sen. Orengo was just reminding me, distinguished Senate Majority Leader, that when you talk of hopping, you should think of that sport called hop,

September 8th, 2016 SENATE DEBATES

Sen. Bule! Although I cannot see you on my list but proceed.

On a point of order Mr. Temporary Speaker, Sir. Is my fellow Senator in order - if I can recall what I have undergone in the hands of CORD or Wiper? In 2013 when the party’s primaries were conduced, I was deleted from the process by the party who believed that Bule cannot make it to Parliament? I was de-whipped and I sought refuge in that small party of which I cannot even recall the leader. So, I am a person who has the power to retain my sit whether as a private candidate or as Bule. So, that issue of party will never deny me---

Sen. Musila, Sen. Bule is on a point of order. Have you finished?

I have not finished, Mr. Temporary Speaker, Sir. So, is the Senator in order to say that Sen. Bule has just crossed over? They threw me out of their window and there is no day that I will be with them again.

Mr. Temporary Speaker, Sir, I wanted to go on record that this Senator has never been a member of the Wiper party. If he did, I can certify here that Sen. Bule was not elected under the Wiper ticket. Therefore, it is erroneous for him to claim that he was a member of the Wiper party. Is it in order for him to claim that he is our member when in our registers we do not have any name like his? The Senate Minority Leader (

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, let me again add my voice to the sentiments expressed by my colleagues in respect to the Bill beforehand. That is the Elections Laws (Amendment) Bill (National Assembly Bill No.37 of 2016) which is in front of us. The two pieces of legislation; the one we have just finished Second Reading which is the Election Offences Bill (National Assembly Bill No.36 of 2016) and this one we are discussing now, the Elections Laws (Amendment) Bill, are very important because they are dealing with elections laws. The stability of any nation depends on how countries conduct their elections. As we discuss these Bills, we should bear in mind that we are discussing very important matters that

September 8th, 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, it is nice seeing you sitting on that Chair; may you continue to sit there. I hope the Senate Majority Leader will continue to have the same confidence.

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

Sen. Bule, we can hear your consultations.

Mr. Temporary Speaker, Sir, thank you, for giving me the opportunity to speak on this matter as the Chairperson of the Committee on Legal Affairs and Human Rights. First of all, I want to congratulate you. The Senators should know that the Temporary Speaker is

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

Mr. Temporary Speaker, Sir, let me again add my voice to the sentiments expressed by my colleagues in respect to the Bill beforehand. That is the Elections Laws (Amendment) Bill (National Assembly Bill No.37 of 2016) which is in front of us. The two pieces of legislation; the one we have just finished Second Reading which is the Election Offences Bill (National Assembly Bill No.36 of 2016) and this one we are discussing now, the Elections Laws (Amendment) Bill, are very important because they are dealing with elections laws. The stability of any nation depends on how countries conduct their elections. As we discuss these Bills, we should bear in mind that we are discussing very important matters that

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

Order, Sen. Musila! What is it, Sen. Ndiema?

On a point of order Mr. Temporary Speaker, Sir. Did you hear the Senator for Kitui County saying that I was a very good officer and we did irregular things during elections?

Sen. Musila, did you say that?

Mr. Temporary Speaker, Sir, I respect my junior officer and I would not say anything like that because if I did, then I would also be implicating myself. I just said that public officers must keep away from elections. The public officers as per definition do not only include public officers serving under that national Government. It includes public officers serving under county governments. Therefore, we want to ensure that any public officer who participates in campaigns will be punished appropriately at the right time. Mr. Temporary Speaker, Sir, these are very important pieces of legislation and I urge my colleagues to pass them and I also urge that those who are charged with the responsibility of implementing to do so. Otherwise, this will not have any meaning to this country. I beg to support.

I see no requests on my list except

September 8th, 2016 SENATE DEBATES

You moved the Bill so you need to reply.

Thank you, Mr. Temporary Speaker, Sir. I beg to reply. The Senate Minority Leader (Sen. Wetangula) : On a point of order, Mr. Temporary Speaker, Sir. That is not right. What the distinguished Senate Majority Leader had done earlier was correct. Even when you reply, you finish and move. That is the correct procedure.

On a point of order Mr. Temporary Speaker, Sir. Is the Leader of Majority in order to tell us that his level and degree of respect for Sen. Musila is predicated on how long he speaks?

Majority Leader, you should have clarified whether you still respect Sen. Musila. It is for the record.

Mr. Temporary Speaker, Sir, until 30 minutes ago, I had a lot of respect for the Senator for Kitui County because he is a seasoned politician and a long serving public officer. He had undertaken to me that his speech will be five minutes or less but he ended up speaking for 8 minutes. For that reason, that respect has dissipated completely until he regains it again. Otherwise, on a serious note, you should give us firm directions on how we proceed. Otherwise, we might lose the afternoon and the agenda.

On a point of order, Mr. Speaker, Sir. Thank you for commencing the Session. However, on a matter of procedure, is my understanding wrong that when the House stood suspended, for you to come on the Chair, you should have come from the Speaker’s Office behind you and that the clerk should have announced your entry into the Chamber from the office? We suspended the session since the Speaker had gone to the office to do many consultations and sign important documents.

September 8th, 2016 SENATE DEBATES

Hon. Senators, there seems not to be further interests on this on my list. I am on my feet.

Your name does not appear on my list and I am told you had agreed with your leadership that you will wind up this proceeding as early as possible. I was not notified that your machines were not working. Allow me to make the following communication before we wind up the proceedings.

September 8th, 2016 SENATE DEBATES

Proceed to Order No.5

Thank you, Mr. Temporary Speaker, Sir. I beg to reply. The Senate Minority Leader (

On a point of order, Mr. Temporary Speaker, Sir. That is not right. What the distinguished Senate Majority Leader had done earlier was correct. Even when you reply, you finish and move. That is the correct procedure.

Hon. Senators, the results of the Division are as follows:-

September 8th, 2016 SENATE DEBATES

September 8th, 2016 SENATE DEBATES

Hon. Senators, the results of the Division are as follows:-

Before we go to the next stage, I would like to encourage all the Senators to remain seated until we conclude this business, which is just voting. I do not think it will take long.

September 8th, 2016 SENATE DEBATES

Secondly, there was an exit at the back.

Correct. The infrastructure cannot support what you wish to happen. For all intents and purposes, it does not affect our business. The most important thing is to arrive to the seat and here I am. So, we are ready to proceed.

You always know that the Plenary has never been a useful forum for discussing our internal matters. Let us move to Order No.4.

September 8th, 2016 SENATE DEBATES

Yes, Mr. Temporary Chairman, Sir.

Hon. Senators, the results of the Division are as follows:-

September 8th, 2016 SENATE DEBATES

Hon. Senators, the results of the Division are as follows:-

Before we go to the next stage, I would like to encourage all the Senators to remain seated until we conclude this business, which is just voting. I do not think it will take long.

September 8th, 2016 SENATE DEBATES

The Chairperson, could you report?

Yes, Mr. Temporary Chairman, Sir.

September 8th, 2016 SENATE DEBATES

Hon. Senators, the results of the Division are as follows:-

Chairperson, you need to report on the next Bill.

September 8th, 2016 SENATE DEBATES

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of The Elections Laws (Amendment) Bill (National Assembly Bill No.37 of 2016) and its approval thereof, without amendments.

September 8th, 2016 SENATE DEBATES

Mr. Temporary Chairman, Sir, I beg to move that the The Elections Laws (Amendment) Bill (National Assembly Bill No.37 of 2016) be now read a Third Time. I request the Minority Leader to second.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Election Offences Bill (National Assembly Bill No.36 of 2016) and its approval thereof without amendments.

Proceed, Mover.

On a point of order, Mr. Temporary Speaker, Sir. Since this is the last business for today until next week as directed by the Speaker in the morning, am I in order to say that the rest of the few minutes we could be given a chance to make one or two comments which does not bind anybody to remain in the House? Others can be walking out. This is particularly because of the significance of the Bills that we passed as we had to move fast. I want to remind Sen. (Dr.) Khalwale that there is no party hopping.

Sen. Murkomen, I do not know whether that is the mood of the House. The Speaker had ruled that we deliberate on the two Bills only. If that is the case, do we really need to comment or we adjourn?

September 8th, 2016 SENATE DEBATES

Hon. Senators, the results of the Division are as follows:-

Chairperson, you need to report on the next Bill.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Election Laws (Amendment) Bill (National Assembly Bill No.37 of 2016) and its approval thereof without amendments.

Mover.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Senate Minority Leader to second. The Senate Minority Leader (Sen. Wetangula) seconded.

Proceed, Mover.

September 8th, 2016 SENATE DEBATES

Mr. Temporary Chairman, Sir, I beg to move that the The Elections Laws (Amendment) Bill (National Assembly Bill No.37 of 2016) be now read a Third Time. I request the Minority Leader to second.

Hon. Senators, the results of the Division are as follows:-

On a point of order, Mr. Temporary Speaker, Sir. Since this is the last business for today until next week as directed by the Speaker in the morning, am I in order to say that the rest of the few minutes we could be given a chance to make one or two comments which does not bind anybody to remain in the House? Others can be walking out. This is particularly because of the significance of the Bills that we passed as we had to move fast. I want to remind Sen. (Dr.) Khalwale that there is no party hopping.

Sen. Murkomen, I do not know whether that is the mood of the House. The Speaker had ruled that we deliberate on the two Bills only. If that is the case, do we really need to comment or we adjourn?

September 8th, 2016 SENATE DEBATES

Order, Senators. There being no other business on the Order Paper, the Senate stands adjourned until Tuesday, 13th September, 2016, at 10.00