Tuesday, 16th April, 2013

Order, hon. Senators and

Order! Order, hon. Senators

Your Excellency the President of the Republic of Kenya and Commander-in-Chief of the Kenya Defence Forces, hon. Uhuru Muigai Kenyatta, His Excellency the Deputy President, hon. William Ruto, the Speaker of the National Assembly, my good friend and counterpart, hon. Justin Muturi, Deputy Speakers of the Senate and the National Assembly, hon. Senators and Members of the National Assembly, ladies and gentlemen, I feel greatly honoured and privileged to stand before you as Speaker of the Senate to welcome His Excellency the President, all our hon. Senators and hon. Members of the National Assembly of the Eleventh Parliament of the Republic, to this auspicious occasion in which we are holding the first joint sitting of the Houses of Parliament for purposes of the Presidential Address.

Before I make my welcoming remarks, you will indulge me to congratulate all of you as this is a newly elected Parliament, and through you, to congratulate all the people of Kenya for exercising their democratic right and civic duty of electing representatives of their choice. The prophets of doom were predicting chaos and violence. Kenyans demonstrated a rare sense of confidence and commitment in the electoral process by rising early in large numbers and queuing for long hours to give you their votes.

This resulted not only in preferred candidates that now sit in Parliament, but also in the county governments; they did this in style and conducted themselves peacefully before, during and after the elections.

Permit me also to congratulate you as the fourth President of the Republic of Kenya and your able first Deputy President of the Republic on your election, inauguration, and assumption to the highest calling in the land.

Your Excellency, the reconciliatory tone of your leadership so far is a clear indication that this country will do well under your leadership and that of your deputy.

functions. It is used as a seat when you sit down, a pillow when you sleep, a head rest when you take a siesta, and an arm chair when you relax. This two legged stool, the Ekicholo, reminds me of a symbolic representative of the nexus role played by parliaments in a democracy within itself and as a branch of Government.

Before the promulgation of the Constitution in 2010, the two legs depicted the Kenya National Assembly and the President, both of which constituted the Parliament of the Republic of Kenya. Then, however, one leg of the House was outside these precincts; it was specifically in State House. Once again, the stool is still two legged, but symbolises a new order where the National Assembly and the Senate constitute our Parliament. Both legs of the Ekicholo are now within the precincts of Parliament itself.

Once in a while, as in all democratic jurisdictions, tensions and even conflict may occur among the various arms of the Government, and even within each arm of the Government. The propensity for implosion cannot be underestimated. It will take all of us, both in Parliament and the Executive, the highest form of statesmanship and quality leadership to rise to the occasion and succeed as a nation.

To a large measure, the role of the Opposition in Parliament seems to have been limited, given the architecture, the spirit and the letter of the Grand Coalition during the Tenth Parliament. This role was left to a few Backbenchers, who often questioned certain aspects of impropriety and Government inaction. The full force of the Opposition was missing. Indeed, in the 11th Parliament, we expect to see a more robust and vibrant Opposition facing the Government Benches. Indeed, the Constitution has very deliberate provisions under Article 108(3) for the Leaders of the Minority Parties in Parliament to offer the much needed and legitimate Opposition within Parliament.

As the Speaker of the Senate, I promise to be true to the Oath of Office, which I recently took, and to observe the cardinal democratic principal that the minority will have their say as the majority have their way. I am conscious that Kenyans expect to see balanced, informed and robust debating chambers in both the plenary and the committee stages. For Parliament and the Executive, we have no choice but to co-exist as a matter of necessity. We have to collaborate and work together. The theory of government in our case has put us together to complement each other, accomplish the development tasks that we have given ourselves as a nation and provide quality and reliable services to fellow countrymen and countrywomen. Indeed, we do not have to look very far. The third stanza of our National Anthem states:-

“Let all with one accord in common bond united build this our nation together; and the glory of Kenya, the fruit of our labour fill every heart with thanksgiving.” On our part, as the Senate, we will play an integral role in the democratisation process as well as in safeguarding the devolution architecture, pursuant to our full mandate as set out in Article 96 of the Constitution. Chief among them is to represent the counties and to protect the interests of the counties and their governments.

May I also take this opportunity to assure Kenyans that the Senate they have given to themselves is here to stay, despite the unfortunate history of our first senate, which ceased to exist in 1966. The Senate now has been re-established in order to realise the aspirations of the Kenyan people to have a decent, balanced and equitable society. It will not die again; at least, not under my leadership.

Your Excellency, hon. Senators and hon. Members, in order for the Senate to assert itself and deliver on the promise of devolution, we will be calling on other stakeholders, especially the Executive and the development partners, to assist in mobilising the requisite financial, physical and human resources to adequately discharge this constitutional mandate. We will be responsible for the legislative mandate.

In conclusion, Your Excellency, I wish to sincerely welcome you to the Senate, which is part of this joint sitting. We will be able to give the force of law to the policies and programmes that you will be unveiling today. Article 94(5) states that no body other than Parliament has the power to make provisions having the force of law in Kenya.

From the above, it is very clear that the Executive and Parliament are, therefore, duty bound to work together in the common endeavour to serve the people of the Republic of Kenya. Therefore, there is a lot of work ahead of us. Kenyans want the promise of the new Constitution; equitable development and quality services like yesterday, and not tomorrow. We all need to play, and indeed must play, our respective roles in the fulfillment of those aspirations. I have no doubt in my mind that we will succeed as one nation, inshallah!

Thank you and God bless Kenya.

Your Excellency the President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, hon. Uhuru Kenyatta and hon. Members, it gives me pleasure to welcome His Excellency and all hon. Members of the Eleventh Parliament to the Official Opening of our Parliament, the citadel of our democracy.

I wish to take this earliest opportunity to congratulate Your Excellency for being elected the fourth president of the Republic of Kenya. I also wish to congratulate the Deputy President, hon. William Ruto, who is seated on the Speaker’s Row, and, indeed, all hon. Members of Parliament. To you all, congratulations!

First and foremost, I wish to thank all Kenyans for participating peacefully in the just concluded general election. That exercise showed maturity and the deepening of our democratic culture. This has, indeed, restored and redeemed our standing in the community of nations.

Your Excellency, I also wish to congratulate your foremost competitor, the former Prime Minister, the Rt. Hon. Raila Odinga, and former Vice-President, hon. Kalonzo Musyoka, for providing the opportunity for political competition and being worthy competitors in the just concluded Presidential election.

Today’s sitting is historic in many ways. It is the first time we are having a joint sitting of the National Assembly and the Senate under the bicameral system re-introduced by the Constitution of Kenya, 2010. Today’s sitting is also significant because we are together assembled as two Houses and as legislators from diverse backgrounds, representing the various sectors of our society. Today, we demonstrate that we are operating under our new Constitution. It is truly a day to celebrate.

Your Excellency, it is a moment of great inspiration for us to have you in this House to address the nation on the Government’s policies and the legislative agenda for the Eleventh Parliament. We are very eager to listen to you, because from your Address, Kenyans will know the political philosophy and the economic strategy of the new Government of the Republic of Kenya, which you lead. Before I invite you to talk to us, allow me to make some brief remarks.

Hon. Members, there is no doubt that Kenya and all our institutions, Parliament included, are at the threshold of a new dispensation – indeed a new chapter. I would like to borrow words from hon. Mwai Kibaki, your predecessor, in his inaugural speech on 30th December, 2002, as follows:-

“Our country is going through a critical moment. The task ahead is enormous. The expectations are high, and the challenges are intimidating.” However, I want to assure you that the encouraging thing is that Kenyans are fully behind the Government in its effort to change things for the better. We are aware that for

the first time, the Executive is not part of the Legislature. We are separated in a new system of checks and balances. It is my hope that we shall all work together in the Committees with mutual respect and co-operation among the three arms of the Government, and with all the oversight institutions established by the Constitution.

Hon. Members, know that this is a new legislature with new structures and new ways of working. Our Legislature is now bicameral. Our committee system has changed. The Budget-making role of Parliament has been strengthened. The role of Parliament in international relations and security is larger. The systems of oversight have been overhauled to bring on board the participation of the citizenry. It is in our interest to understand and get used to these new ways of working.

Therefore, as a Parliament, we must use this opportunity in our history to play our rightful roles in renewal of our country. I urge you all to approach your responsibilities with dedication and sense of purpose for the common good of the Kenyan people. Failing this, our relevance will be called to question.

Your Excellency, a quick glance at the membership of the Eleventh Parliament gives me pleasure to report that there is an increase in the number of professionals from various backgrounds. There are Members with impressive track records in public and private life, who have voluntarily abandoned their careers to join this august House. In addition, there are more women and youth in this Parliament than ever before in the history of our country.

Government will continue to give support to the PSC to enable it fulfill its mandate of providing facilities to the hon. Members for the efficient and effective functioning of Parliament.

The hon. Speaker of the Senate, the hon. Speaker of the National Assembly, hon. Senators and hon. Members of Parliament; it is a great honour to address this opening session of Parliament combining both Houses. I wish to take this opportunity to congratulate hon. Members and hon. Senators on your election and nomination to both the Senate and the National Assembly.

My congratulations also go the Speakers of the Senate and National Assembly together with their respective deputies on their elections, leaders of the Majority Party and Minority Party as well as their respective deputies on their own election. I want to especially congratulate the record number of women in both Houses, an indication of Kenya’s commitment to achieving gender parity and equality. I also commend the last Parliament for the passage of numerous Bills and for meeting constitutional deadlines. I take this opportunity to wish all hon. Members of the Eleventh Parliament the very best as you steer the legislative policy agenda of this august House over the next five years.

Hon. Members and hon. Senators, we all participated in an electoral process in which we campaigned in different counties and constituencies; contesting for different seats and campaigning as members of different parties and coalitions. Today, we come together with a single purpose; that of promoting the welfare of Kenyans, protecting their rights and giving voice to the many and varied interests of our people. We are here, not for ourselves, but as representatives of the people.

We, today recognize that we sit under the banner of a new Constitution; a Constitution that the people of Kenya approved as the supreme law of the land. As law- makers, our first duty is to be law-keepers subject to the Constitution. I urge all of us to remember that each of us is obliged by virtue of citizenship and the trust placed on us by the people to respect, uphold and defend our Constitution; each of us is bound by a solemn oath, to bear true faith and allegiance to the people and the Republic of Kenya

and to faithfully and diligently discharge our duties. These duties are conferred upon us by our Constitution. This is the oath of office we took before God and our fellow citizens.

Hon. Members and hon. Senators, my Government looks forward to working with both Houses to implement our agenda and I look forward to your support. Although we may not agree from time to time, this should be in an atmosphere of mutual respect and consideration. We should be able to hold different viewpoints without being enemies. In that spirit, I pledge that my Government will partner with both Houses and, indeed, both sides of the divide in the work of implementing the national agenda and transforming this nation. The role of a vibrant opposition is vital to the effective functioning of our Government. I welcome and respect that role. I look forward to all the hon. Members of both Houses holding my Government to account.

reducing the cost of living and making Kenya much more competitive thereby increasing opportunities while improving the standard of living of our people. Indeed, that shall be the centre-piece of our Government. We need to spark an industrial revolution in our country. Within the next few years, we must add value to our produce and manufacture here in Kenya the finished goods that we increasingly use in our homes and businesses.

We must establish a first class logistics hub covering transport, roads, railways, waterways, pipelines, ports, storage and energy.

We must invest and modernize our agriculture and open up, at least, one million acres of new land through irrigation in order to end food insecurity.

We must drive growth by diversifying our exports, adding value, creating new products and opening up new markets.

We must seal the leakages in our revenue collection system and extend the tax base.

We must drive up value for money from our public procurement, so that we get what we pay for.

We must create a business climate that encourages innovation, investment and growth.

We must reduce the cost of the ordinary households’ basket of goods, including food, housing, energy and transport.

We must deepen our relationships with our regional partners in order to expand our markets, create jobs and boost growth.

We must invest in our greatest capital resource - our young people and provide social protection for every Kenyan.

Our overall goal, hon. Members and hon. Senators, is the transformation of our economy, so that our exports compete across the world and drive the growth necessary to create jobs for our youth and lift ten million of our brothers and sisters out of poverty by

We must also increase investment and its infrastructure capacity and marketing capacity as well. Our aim is to double the level of tourism arrivals in our country to three million visitors per year by 2017.

systems to support and expand healthcare and improved sanitation. Working with county governments, we will progressively rollout our commitment to provide free primary healthcare to every Kenyan by 2020, starting with children, persons with disability, pregnant women and breast feeding mothers.

Hon. Members and Senators, my Government will also focus on education. We all understand that education and employment are interlinked. We are in a global economy that is knowledge-based and technology-driven. My Government will propose a Sessional paper that will provide for an increase in the number of institutes of technology in every county and end the current practice of transforming middle level colleges to universities.

This Government will focus on changing Kenya’s place in the world. The nature of our relationships, hon. Members, is already changing. We are already deepening links with our regional neighbours. We are partnering with our African brothers and sisters to bring peace and stability across our continent. We are seizing the opportunity of our times to drive the world and place Kenya and Africa at the heart of the global economy. My Government will continue this process by ensuring that we move beyond traditional diplomacy towards a new engagement that is based on our economic interests.

Hon. Members, the clock has officially begun counting down on the life of this Parliament. In less than five years from now, we will be evaluated based on how we dealt with the crucial issues facing this country. Today, I am outlining a broad legislative agenda for this session of Parliament. This agenda contains the Bills and Sessional Papers that I would wish you to consider. They constitute a promissory note on the pledges we have made and the reforms that the Kenyan people have voted for. First and foremost, my Government is committed to the speedy completion of the unfinished business of implementing our Constitution. The Fifth Schedule of the Constitution dictates that the remaining legislation should be enacted not later than 27th August this year. I will, therefore, send to Parliament Bills to entrench civil liberties and protect the freedom of the media; support the county governments; enable the public to fully participate in decision-making at the county and national levels;, reform campaign finance; and ensure diversity and gender balance in the county assemblies. I will also propose the Division of Revenue Bill and the County Allocation of Revenue Bill which as per the Constitution must be approved by April 30th. I urge Parliament to act swiftly in their consideration of these measures so that we can meet our constitutional obligations.

Finally, as part of our commitment to the implementation of the Constitution, we shall continue to review current legislation to ensure compliance with constitutional provisions. We shall move to engage in urgent consultations with the relevant constitutionally mandated bodies, relevant line ministries and State departments to prepare proposals, to align them to the letter and spirit of the Constitution.

These shall include legislation and amendments touching on the National Police Service; national Government co-ordination; county governments and devolution; medical supplies management and education management, amongst others.

There is much to do beyond the implementation of the Constitution. I am proud to have submitted to the electorate the most detailed, specific and comprehensive manifesto in Kenya’s history. That manifesto was endorsed by the people of Kenya and I intend to fulfill those promises. My Government will, therefore, move to propose our legislative agenda in line with the commitments of the Jubilee manifesto. I will bring forward measures to protect the family and improve the quality of life for the Kenyan people. Furthermore, we will seek to entrench the rights and freedoms that are the hallmarks of a truly democratic society by proposing The Access to Information Bill and The Data Protection Bill.

This Government is for all Kenyans whether they live here, at home or abroad. We recognise the Diaspora’s contribution to the economic life of our country but more than that, they are members of the Kenyan family. We will, therefore, institute measures to facilitate their fuller participation in public life. I will act decisively to boost development and harness our potential for growth. Specifically, my Government intends

and will present measures to promote and enhance the tourism sector; review and amend the Public Procurement and Disposal Act to establish a legal obligation on Government to buy Kenyan first and create procurement quota for our youth and women.

We intend to bring legislation which will bring together the separate funds for youth and women and create a powerful new fund that is administered at the constituency level, legislation to promote and regulate the minerals and mining industry, promote, expand and modernize the agricultural sector and enhance food security, review the laws covering companies and other associations to improve the business environment, reduce red-tape and provide a predictable regulatory framework for business. We will facilitate the participation of the Diaspora in Kenyan public life.

Hon. Members, we are the stewards of our environment holding in trust this earth for future generations of Kenyans. We have a sacred duty to protect it, our wildlife and our landscape. That is why I will propose legislation to strengthen the protection of the environment. That will include Bills to overhaul our nation’s environment, management and conservation, improve and expand water management and water harvesting, promote the expansion and management of our energy and petroleum sectors, reform the regulation of mining, minerals and resource exploitation to increase the participation of Kenyans in this sector, respond to the urgent threat posed by climate change and to protect our nation’s wildlife and flora.

While in the last ten years our country has seen major developments in our national infrastructure, too few Kenyans feel the benefits in their day to day lives. It is time, hon. Members, for all Kenyans to share in the fruits of our prosperity. I will, therefore, bring forward for your consideration Bills to improve the quality and access to education, expand and promote maternal, child and primary health care services, promote and expand both arts and entertainment sectors and to establish a national lottery.

Hon. Members, my Government is determined to provide solutions to land issues so that land once again, can be seen for what it is, just one factor of production among many. We will propose Bills that seek to address eviction and resettlement of Internally Displace Persons (IDPs) and squatters, management and adjudication of community land, and leasing and public asset management. Other areas in which I will be proposing Bills for your consideration include the future of State Corporations; improving coroner services and regulating the private security industry.

Hon. Members and hon. Senators, our work begins with immediate effect. Within the next 100 days, with your approval, we will release the money already allocated to stock health centres and dispensaries with drugs and equipment; abolish fees that are currently charged for using public dispensaries and health centres; abolish all charges for women giving birth at public hospitals; present legislation for this Parliament to pass to ensure that no child is out of school or a training institution until they reach the age of 18; establish a framework to ensure that every child entering Class One next year does so with a laptop; and establishing a framework for youth and women to access interest free loans at the grassroots.

Hon. Members, if we implement the measures that I have outlined today, I am confident that we shall support our children and our families, honour the hopes of our fore-bearers and secure the future of Kenya. I, therefore, urge all Parliamentarians to prepare themselves for the work that is ahead.

I welcome and urge all citizens to take their place in the legislative process – as agents of accountability. As per our Constitution, all sovereign power belongs to the people of Kenya and I, therefore, say, fellow Kenyans - this is your Government. These are your elected representatives. We are here to defend your rights. If we act together, remaining steadfast in our deliberations, I am confident that our prospects will be limitless.

May you remain firm in hope; true to your oaths, unfettered by self-interest; undaunted by challenge; undistracted by success and unyielding in service. May you be instruments to bring peace where there has been strife; security where there has been fear; unity where there has been division and prosperity where they lack, until the dream for one indivisible, democratic and sovereign nation is realized in accordance with our Constitution and national aspirations!

God bless the citizens of this Republic and God bless and guide this Eleventh Parliament as you pursue the noble goals outlined above.

Mungu awabariki. Asanteni sana. Thank you very much.

Hon. Members and hon. Senators, it is now my pleasure to invite the Speaker of the Senate to make his closing remarks.

Hon. Members and hon. Senators, I suggest that you should be upstanding.

Hon. Senators, it is now time to adjourn the Senate. The Senate is adjourned until tomorrow, Wednesday, 17th April, 2013 at 9.00 a.m., at the Senate Chambers.

Hon. Members, while still upstanding, I wish to announce that the National Assembly is adjourned until Wednesday, 17th April, 2013 at 9.00 a.m.

Hon. Members and hon. Senators, it is now time for His Excellency the President to take his leave. Hon. Members and hon. Senators are requested to remain upstanding and not join the queue until His Excellency the President leaves the Chamber.

His Excellency the President will be followed by the Speaker of the National Assembly and the Speaker of the Senate, the Supreme Court Judges and the Spiritual Leaders. Thereafter hon. Members and hon. Senators are all invited to proceed to the Parliament Courtyard for a reception.

Thank you. (Hon. Members and hon. Senators rose in their places while His Excellency the President left the Chamber) Parliament rose at 4.25 p.m.