December 1, 2015 SENATEDEBATES

Tuesday, 1st December, 2015

Mr. Temporary Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 1st December, 2015:-

Report of the Select Committee on the Inquiry into the Affairs of Kenya Airways Limited and its Subsidiaries.

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

THAT, this House adopts the Report of the Select Committee of Inquiry into the affairs of Kenya Airways Limited and its Subsidiaries.

Very well. Sen. Mukiite, do you have a notice of Motion?

Mr. Temporary Speaker, Sir, I beg to lay the following Motion on the Floor of this House---

Order, Sen. Nabwala. You are out of order. Do you want to lay a Paper?

Mr. Temporary Speaker, Sir, I wish to give a notice of Motion.

Proceed and execute it properly.

December 1, 2015 SENATEDEBATES

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

THAT, aware that Agenda 2030 and attendant Sustainable Development Goals (SDGs) adopted by the United Nations on 25th to 27th September, 2015 in New York, USA will drive global efforts to end poverty and place the planet on a sustainable course over the next 15 years;

FURTHER aware that the SDGs constitute an interlinked framework---

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

Order. Sen. Mukiite, can you have a sit?

Mr. Temporary Speaker, Sir, I am trying to follow that notice of Motion on the Order Paper but I do not seem to find it.

Let me look at that. Approach the Chair, Sen. Mukiite.

(Sen. Nabwala consulted the Temporary Speaker

Sen. Billow, you are right. I do not see the Speaker’s approval on Sen. Mukiite’s notice of Motion. I have advised her on what to do.

Let us move on to the next notice of Motion.

Order, Sen. (Prof.) Lonyangapuo. Do you have any notice of Motion?

Yes, Mr. Temporary Speaker, Sir.

So, why are you not taking the opportunity? Can you apologise?

I apologise, Mr. Temporary Speaker, Sir.

Okay, proceed.

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

THAT, aware that regulations for the County Monitoring Evaluation and Impact Assessment Fund have been gazetted;

FURTHER aware that the regulations provide for a Senate Select Committee to administer the Fund;

NOW THEREFORE, the Senate resolves to appoint the following Senators to the Senate Sessional Committee on County Monitoring, Evaluation and Impact Assessment Fund:-

December 1, 2015 SENATEDEBATES

Very well. Any more notices of Motion? Is Sen. Madzayo in?

Let us move on to the next order.

This Statement is supposed to be responded to by the Standing Committee on Roads and Transportation. I see no representation.

Let us move on to the next statement.

This statement concerns the Standing Committee on Finance, Commerce and Budget. Sen. Billow you are here, but I do not see Sen. Mutahi Kagwe. The tradition is such that he has to be around. We can hold this statement for a while.

December 1, 2015 SENATEDEBATES

Mr. Temporary Speaker, Sir, I have the statement.

Can you take the opportunity and deliver it?

Mr. Temporary Speaker, Sir, the statement has just been photocopied. I am not in a position to read it.

Further, the statement has not been authenticated by the Kakamega County Government. I think it will be your discretion on whether you want me to read the statement or defer it. The Committee could not approve the statement because it has got no signature.

If the Committee did not approve it, then you have no statement to deliver.

On a point of order, Mr. Temporary Speaker, Sir. As you notice, this statement was being given on my request. There is an important issue of procedure where the Chair should direct.

The Committee’s problem is not the content, it is the fact that the information given as a statement from the County of Kakamega is not authenticated, the Governor has not owned it, and nobody has signed it. So, there has to be a clear direction. The people at the County Government of Kakamega should know that this information is needed urgently. I have a copy of the statement.

The copy could have come from any other source if it is not authenticated. If there is no signature, we cannot accept it as a document of the House. Can the Chair, through the office of the Secretariat, follow up the matter and see why we do not have that statement? You can have the page which is signed and the facts emailed to you. Let us have this statement on tomorrow’s Order Paper. It is so ordered.

Sen. (Prof.) Lonyangapuo, there is a statement you are supposed to request. Proceed and do so.

Mr. Temporary Speaker, Sir, I rise under Standing Order No.45 (2) (b) to seek a statement from the Chairperson of the Standing Committee on Land and Natural Resources regarding the eviction of alleged squatters from Chepchoina Farm in Trans Nzoia County which was done yesterday. Many houses were burnt down and property was destroyed. In the statement, the Chairperson should:-

December 1, 2015 SENATEDEBATES

On a point of order, Mr. Temporary Speaker, Sir. Allow me to ride on that request by pointing out that the issue of Chepchoina is not a new issue; not in this Senate nor in the last and previous Parliaments. The Chairperson should clarify whether there is a deliberate attempt to evict the current genuine so-called squatters in Chepchoina and settle there some people from a certain community from Uganda with a view of increasing the number of voters for a certain interested party.

Order, Sen. (Dr.) Khalwale! If you have to seek for an addendum, then it must not deviate from the main Statement so requested. You can come up with your own request for a Statement. It is possible.

On a point of order, Mr. Temporary Speaker, Sir. Allow me just to add a small supplementary to what Sen. (Prof.) Lonyangapuo has said. In answering that question related to Chepchoina, can the Chairperson also explain why a Government uses primitive ways of burning houses and beating people? I have said this before when it happened in my place in Embobut Forest. Is there no better policy and framework that can be put in place on how to execute orders that are related to the removal of people whether they are squatters or not other than the one where houses are burnt, people are beaten and violence used? If the Government does that, there is a way that it plants in the minds of citizens that violence is the only way that you can act. Assuming that it was legal to remove certain people from that farm or not , why are they using that kind of method? Are there no better methods of evicting people?

Very well. Chairperson?

Mr. Temporary Speaker, Sir, I raised the Statement on Chepchoina last year. We had the same issue where 11 people were burned in their houses and others chased away and new people were brought on the farm. There is a dispute over the ownership of the land. The people who are now being chased away are those who were allocated the land in 1994 by retired President Moi. We are aware that new people are being brought from across the border to come and replace the people who are now being killed and their houses being burned. This issue was brought before the Cabinet Secretary (CS) ---

Order, Sen. Nabwala! What do you now want clarified?

Mr. Speaker, Sir, I would like those two Statements combined. This is not a light matter because people have lost their lives. This matter has already been brought on the Floor of this House. What have we done, as the Senate, to protect the people in the counties?

So, could you execute the question properly so that the Chairperson can know what you want?

December 1, 2015 SENATEDEBATES

Mr. Temporary Speaker, Sir, yes, I would like the Chairperson to combine the two Statements. In the first Statement, 11 people died and we had a delegation of people led by Sen. Zipporah and I. We talked to the people from Chepchoina and assured them that we were going to take action. The Cabinet Secretary (CS) , Madam Ngilu, was interrogated on this matter but there was no solution and you can see the same thing has recurred. This time round, I would like the matter to be taken seriously.

Where is the Chairperson or any Member of the Committee on Land and Natural Resources? The Senate Majority Leader, you are everything. Could you take up the matter?

Mr. Temporary Speaker, Sir, yes, I am the Vice Chairperson of that Committee.

Then help transact the business of the House.

Mr. Temporary Speaker, Sir, I am just going through some documents that I have received now. Maybe if I could be appraised of what is happening? I am sorry.

This is a serious matter. You will read the HANSARD and it will apprise you appropriately. Just give us the time and date that you will respond to the Statement.

Mr. Temporary Speaker, Sir, I will not make any commitment until I know exactly what the Member was requesting for.

Mr. Temporary Speaker, Sir, if you could give me five minutes?

Okay. I give you five minutes.

On a point of order, Mr. Temporary Speaker, Sir. As the Vice Chairperson has requested for five minutes to think about it, we also want him to know that people are in the cold. As he thinks of a long-term solution, we want those people whose houses have been destroyed to return to their homes. We have the El Nino rains in that north rift territory and people are suffering. If this Government is sincere, I want to see everybody resettled by Thursday this week as they look for their own solutions.

December 1, 2015 SENATEDEBATES

Very well. We will wait for five minutes for the Vice Chairperson to acquaint himself with the matter; unless you are ready, Sen. Khaniri.

Mr. Temporary Speaker, Sir, clearly, the issue that the Senator is asking for and the subsequent questions by other Members will require about three weeks to come up with a Statement. Realising that we will be breaking for the December recess, I would request that we handle this matter on the first to second week when we resume.

On a point of order, Mr. Temporary Speaker, Sir. This is not a usual Statement that requires a long period. People were evicted yesterday and houses and maize burnt. So, they are literally in the cold because of the rains. Could the Vice Chairperson take an initiative immediately after this to see the necessary relevant officers and Ministries to restore order? The people can go back to their farms as the Government continues to sort out this issue of a long-term solution.

Sen. Khaniri, are you able to give a preliminary report on Thursday?

Mr. Temporary Speaker, Sir, yes, we can do so. However, the only assurance I can give is the last request that he made; we can write officially to request that the people be allowed to return to their homes until the matter has been fully investigated. We will come up with a comprehensive Statement, as I said, the first week when we resume from the December break.

Very well. You can give a preliminary report on Thursday, if possible. Otherwise your request for two weeks after the recess is accepted.

On a point of order, Mr. Temporary Speaker, Sir. I rise to request for a Statement ---

Order! Is it here on the Order Paper?

Mr. Temporary Speaker, Sir, I rise under Standing Order No.45 (2) to request for a Statement from the Chairperson of the Standing Committee on National Security and Foreign Relations regarding the murder of ---

If you could only hold on a little, because I had already started receiving Statements from Chairpersons. If we could finish that chapter, then I come to the chapter of requesting for Statements. Just hold.

Let us go back to Statement (a) on the Order Paper. Where is the Chairperson of the Committee on Roads and Transportation?

Sen. Khaniri, now that you are the Vice Chairperson for Land and Natural Resources, what have you to say?

Mr. Temporary Speaker, Sir, that is for the Committee on Roads and Transportation.

Very well. You are right. Where is the Chairperson of the Committee on Roads and Transport? Okay, it is deferred.

Proceed, Sen. Munyes.

December 1, 2015 SENATEDEBATES

Mr. Temporary Speaker, Sir, under Statement (a) , I am supposed to seek a statement.

Yes, I know. That is why I was looking for the Chairperson to answer it.

Mr. Temporary Speaker, Sir, I had not even requested for the statement formally.

The request is already on the Order Paper.

Mr. Temporary Speaker, Sir, I just wanted to supplement it.

No, Sen. Munyes. Order! Let me consult.

consulted the Clerk-at-the-Table) I have been advised that you have not formally sought the statement. So, can you do it?

Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No.45 (2) (b) to seek a statement from the Chairperson of the Committee on Roads and Transport concerning the status of renovation of the Lokichoggio International Airport (HKLK) . In the Statement the Chairperson should:-

Order, Sen. Munyes! You have to restrict yourself to the copy of the statement that I have signed. You are now debating on the question.

Mr. Temporary Speaker, Sir, it is just an observation. After flying around Mount Kenya two days ago, I realised that Nanyuki Airport was in disarray. We need to expedite the renovations. It is affecting the entire industry.

December 1, 2015 SENATEDEBATES

Very well. Where is the Chairperson of the Committee on Roads and Transportation or any Member?

Proceed, Senate Majority Leader.

Mr. Temporary Speaker, Sir, I was consulting on the next Order. There could be Members of the Committee on Roads and Transport here.

There are none. That is why I picked on you.

Mr. Temporary Speaker, Sir, I will look at the HANSARD and get back.

Very well. You have five minutes to do so.

Proceed, Sen. (Dr.) Khalwale.

Mr. Temporary Speaker, Sir, on Sunday, 29th November, 2015, Mr. Cosmas Mutunga who was a cancer patient at Kenyatta National Hospital (KNH) was murdered. I, therefore, rise under Standing Order No.45 (2) (b) to seek a statement from the Chairperson of the Committee on National Security and Foreign Relations to confirm the following:-

Order, Sen. Khaniri, the

Mr. Temporary Speaker, Sir, I would like the Chairperson to give the House information on the following:-

December 1, 2015 SENATEDEBATES

Can we dispose of the first one first? Where is the Chairperson of the Committee on National Security and Foreign Relations?

What is it, Sen. (Prof.) Lesan?

Mr. Temporary Speaker, Sir, I wish to ride on the question that has been asked by my colleague. From available information, this person, who was murdered, shared a room with another patient. Could the Chairperson also give us further information on the circumstances and condition of the patient who shared the room with the murdered patient? Is there any information that has been gathered from the patient who shared the room with the murdered patient?

The Temporary Speaker (Sen. (Dr.) Machage) : Very well. Proceed, Chairperson.

Mr. Temporary Speaker, Sir, this matter affects two Ministries; Health and Interior and Coordination of National Government. Therefore, I request to be given two weeks to respond to this statement.

Mr. Temporary Speaker, Sir, allow me to request the Chairperson that you disagree with the two weeks requirement because for a patient to be murdered in hospital, it means that all the other patients, not just in KNH but in many other public hospitals will now die possibly of heart attack out of fear that they could be murdered.

I, therefore, request that the answer comes forthwith this Thursday. The Committee will have a whole day to work tomorrow and Thursday morning so that we assure all our patients in hospitals that they are protected.

Chairperson, what reasons do you have to ask for two weeks?

Mr. Temporary Speaker, Sir, this matter requires investigation. I cannot just go to the Ministry and ask for an answer; that is why I am requesting for two weeks.

I order that you give a preliminary report on Thursday in view of what may happen according to our calendar. It is so ordered.

Mr. Temporary Speaker, Sir, it might be an uphill task but I will try my best.

Thank you.

Try, I know you are able.

December 1, 2015 SENATEDEBATES REASON FOR MOCK SECURITY DRILL AT STRATHMORE UNIVERSITY

Mr. Temporary Speaker, Sir, yesterday in the morning, Monday 30th November, 2015, there was a mock security drill at the Strathmore University in Nairobi. Pursuant to this, I wish to seek for a Statement under Standing Order No. 45 (2) (b) from the Chairperson in charge of the Standing Committee on National Security and Foreign Affairs to give this House an answer with the following points clarified:-

December 1, 2015 SENATEDEBATES REASON FOR MOCK SECURITY DRILL AT STRATHMORE UNIVERSITY

Mr. Temporary Speaker, Sir, I stand guided by the precedent that you have set in the case of the earlier Statement. Given that students at all our universities are still in session and we are likely to go on recess, it is important that an interim Statement comes so that we rest the worries of the parents, students themselves, the teaching and non-teaching staff. I request that an interim Statement comes on Thursday.

Indeed, I have set a precedent with the first question from Sen. (Dr.) Khalwale. Therefore, can you give us at least a preliminary Statement on Thursday? These are matters of national importance. The Senate has to be seen to be, not only privy to, but acting on them.

Mr. Temporary Speaker, Sir, I will give the answer on Thursday.

Very well. We now look at Statement (e) . Leader of the Majority party, you can use the Dispatch Box.

Mr. Temporary Speaker, Sir, I will give the answer on Thursday.

Very well. We now look at Statement (e) . Leader of the Majority party, you can use the Dispatch Box.

Thank you, Mr. Temporary Speaker, Sir. The Statement is with us and I would like to read it as follows:-

December 1, 2015 SENATEDEBATES

That is a fair request from the Chair. How long do you want for that?

A day is enough, Mr. Temporary Speaker, Sir.

Okay, let us have this Statement on the Order Paper tomorrow afternoon.

That is okay, Mr. Temporary Speaker, Sir.

Very well. So, we again revisit the Order Paper and see the Statements whose Members were not in. We go to Statement

An hon. Senator: Minister!

Order! Ministers are not allowed here. We have Sen. Keter in the House and not a stranger.

An hon. Senator: Minister!

Indeed, I noticed that move but I did not know what the intention was. That can only be told to us by Sen. Murkomen himself, but I assume he was just giving a good gesture to a colleague in this House.

December 1, 2015 SENATEDEBATES

On a point of order Mr. Temporary Speaker, Sir. Would I be in order to congratulate Sen. Keter for being the first Senator to be appointed Cabinet Secretary?

December 1, 2015 SENATEDEBATES

Mr. Temporary Speaker, Sir, I am just starting to explain.

Sen. Keter has not yet been vetted. Sen. Kagwe, I have not given you any opportunity to speak.

The Senate Minority Leader

(Sen. Wetangula)

: Mr. Temporary Speaker, Sir, when Hon.

Gen. Nkaissery was appointed, and before he was even vetted, the “Lower House” took a moment to allow Members to ventilate, either to congratulate or denounce the appointment. It will be quite in order to request you to give us a few minutes each to say something.

Mr. Temporary Speaker, Sir, whereas I appreciate that Sen. Keter is not yet a Cabinet Secretary, the day he will become a Cabinet Secretary, he will not step into this House. What other opportunity would we have, at least, to congratulate the nominee, if not the Cabinet Secretary, for being the first Senator to be nominated to be a Cabinet Secretary? We are not sure which position is more superior to the other, but nonetheless, I think it is an opportunity for us to tell Sen. Keter that we wish him well. We hope that he will become a better Cabinet Secretary than the ones we have seen. He could also become a Senate defender in the Cabinet.

Order, Sen. Kagwe! You have started before I give you the permission. I will allocate ten minutes only, but we need to finish with Statements first.

On a point of order, Mr. Temporary Speaker, Sir. If this was a baraza, I would go by what Sen. Mutahi Kagwe has said. This is the Senate and there are legal processes that we are required to undergo, in which case, we should not assume that the National Assembly is going to do the necessary.

Secondly, the assumption of office is only when somebody subscribes to the oath of office. I am also excited and wanted to give a speech, but part of the duty of Parliament is to do confirmation hearings. The Senate being a “senior” House will be wrong to behave like a baraza before the process is complete.

Mr. Temporary Speaker, Sir, when Hon. (Rtd.) Gen. Nkaissery was appointed, and before he was even vetted, the “Lower House” took a moment to allow Members to ventilate, either to congratulate or denounce the appointment. It will be quite in order to request you to give us a few minutes each to say something.

Mr. Temporary Speaker, Sir, whereas I appreciate that Sen. Keter is not yet a Cabinet Secretary, the day he will become a Cabinet Secretary, he will not step into this House. What other opportunity would we have, at least, to congratulate the nominee, if not the Cabinet Secretary, for being the first Senator to be nominated to be a Cabinet Secretary? We are not sure which position is more superior to the other, but nonetheless, I think it is an opportunity for us to tell Sen. Keter that we wish him well. We hope that he will become a better Cabinet Secretary than the ones we have seen. He could also become a Senate defender in the Cabinet.

Order, Sen. Kagwe! You have started before I give you the permission. I will allocate ten minutes only, but we need to finish with Statements first.

On a point of order, Mr. Temporary Speaker, Sir. If this was a baraza, I would go by what Sen. Mutahi Kagwe has said. This is the Senate and there are legal processes that we are required to undergo, in which case, we should not assume that the National Assembly is going to do the necessary.

Secondly, the assumption of office is only when somebody subscribes to the oath of office. I am also excited and wanted to give a speech, but part of the duty of Parliament is to do confirmation hearings. The Senate being a “senior” House will be wrong to behave like a baraza before the process is complete.

Mr. Temporary Speaker, Sir, I would like to request the House to restrain itself. This is because at this particular juncture, the Senate is not officially aware that Sen. Keter has been appointed. I believe that there is no official communication from the Executive, informing the Senate that a Member of this House has been appointed. If we proceed on the basis of assumption, we will simply be sending a message that the House is excited, feels that it is a small place and, therefore, one of them has left this “small place” and gone to a “big place.”

I beg that you overrule the request.

Mr. Temporary Speaker, Sir, I want to second the proposal by the Senate Minority Leader and Sen. Kagwe. We can say so many good things about Sen. Keter in the ten minutes that can actually help the “Lower” House in terms of the process of vetting.

December 1, 2015 SENATEDEBATES

Bw. Spika wa Muda, mpaka sasa sijapata taarifa mwafaka inayoweza kujibu swali ambalo ndugu yangu, Sen. Omar, aliuliza. Naomba nipewe muda kidogo ili niweze kukamilisha mawasiliano yangu. Nina uhakika kwamba siku ya Alhamisi nitakuwa tayari kutoa taarifa hiyo.

December 1, 2015 SENATEDEBATES

Bw. Spika wa Muda, ulitoa amri kwamba taarifa hii itolewe leo. Siku ya Alhamisi wengine wetu tutasafiri kwenda Kigali kuwakilisha Bunge katika michezo ya Afrika Mashariki. Nitaathirika sana ikiwa ndugu yangu, Sen. Madzayo, ataleta taarifa hiyo kesho. Taarifa hiyo ikiletwa baada ya Alhamisi itakuwa ni tasa na haitakuwa na maana tena kwetu.

Bw. Spika wa Muda, mpaka sasa sijapata taarifa mwafaka inayoweza kujibu swali ambalo ndugu yangu, Sen. Omar, aliuliza. Naomba nipewe muda kidogo ili niweze kukamilisha mawasiliano yangu. Nina uhakika kwamba siku ya Alhamisi nitakuwa tayari kutoa taarifa hiyo.

December 1, 2015 SENATEDEBATES

Bw. Spika wa Muda, ulitoa amri kwamba taarifa hii itolewe leo. Siku ya Alhamisi wengine wetu tutasafiri kwenda Kigali kuwakilisha Bunge katika michezo ya Afrika Mashariki. Nitaathirika sana ikiwa ndugu yangu, Sen. Madzayo, ataleta taarifa hiyo kesho. Taarifa hiyo ikiletwa baada ya Alhamisi itakuwa ni tasa na haitakuwa na maana tena kwetu.

Bw. Spika wa Muda, nataka kuhakikishia Seneti kwamba nitakuwa na jibu mwafaka siku ya Alhamisi.

Mr. Temporary Speaker, Sir, let me explain the status of the Statement. I had actually responded, but the Senator had requested that we invite the officials of the Central Bank of Kenya (CBK) to discuss that issue, because of the information that came to light. Therefore, the matter was referred to the Committee to deal with, until we get answers to bring back to the House.

Very well. That marks the end of the Statements Time.

I will allocate the ten minutes as ruled earlier, but remember that Sen. Keter has not been vetted. As the Swahili saying goes: “usikate kanzu kabla mtoto hajazaliwa.”

What is it, Senate Majority Leader?

Nakuamuru ulete taarifa hiyo kesho.

Next Statement by the Chairperson of the Standing Committee on Finance, Commerce and Budget.

Has Sen. Kagwe left?

Sen. Munyes.

That is okay, Mr. Temporary Speaker, Sir.

December 1, 2015 SENATEDEBATES

“usikate kanzu kabla mtoto hajazaliwa.” What is it, Senate Majority Leader?

Mr. Temporary Speaker, Sir, it is on the matter of the Statement by the Chairperson of the Committee on Roads and Transportation. You asked me to consult and get back to the House in five minutes, and I have consulted the HANSARD. Given the nature of that statement request – and I have shared this with Sen. Munyes - I can only undertake that it can be ready on the first day upon return from recess.

Sen. Munyes.

That is okay, Mr. Temporary Speaker, Sir.

December 1, 2015 SENATEDEBATES

As you think of my Swahili saying, let us listen to Sen. Madzayo.

December 1, 2015 SENATEDEBATES NOMINATION OF SEN. KETER AS CABINET SECRETARY

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity. Both sides of the House have tremendous respect for Sen. Keter. It will not be good to proceed with the ten minutes now under the cloud of people saying it is not the right timing. It is good to proceed when both sides of the House- since we both respect him- are agreed on the timing. You have mentioned and warned Senators that when they are speaking, they should be aware that the National Assembly is yet to approve the nomination. I would like us to speak without any infringement so that we can say what is in our hearts. This is because Sen. Keter will be an important Cabinet Secretary and the advocate for devolution within the Cabinet; we shall have a friend there. Therefore, we want to speak freely.

Mr. Temporary Speaker, Sir, even though you have made a ruling, I plead with the Senate Majority Leader that if possible, he withdraws that and then soon after the National Assembly Committee has approved him, as they will do, we can have even half-an-hour---

Very well. Sen. Keter.

On a point of order, Mr. Temporary Speaker, Sir. I want to echo the sentiments by Sen. Wako. I want to thank all Members and urge them to follow the law. We have a due process to be followed. After the vetting and before the swearing in, I will give a statement before I resign from being a Member of this House. This job involves service to all Kenyans and not the Jubilee Coalition alone. I have a history with all my brothers and sisters in the Senate because we have come a long way; it is now three years. Let us reserve all the comments until after the vetting and the approval, because I am still the Senator for Kericho County. After I resign from this House, everyone can give me guidance. For now, let us embark on the business that we have and reserve everything for that day.

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

December 1, 2015 SENATEDEBATES NOMINATION OF SEN. KETER AS CABINET SECRETARY

Mr. Temporary Speaker, Sir, I beg the Chair to indulge me on this one. I do not intend to challenge the Chair. You have guided us under Standing Order No. 1, but I want to draw your attention to Standing Order No. 48 (2) in regard to Motions. We are about to discuss a Motion of this House, registering thanks on the appointment of Sen. Keter. The Standing Order says:-

“Before giving notice of Motion, the Senator shall deliver to the Clerk a copy of the proposed Motion signed by the Senator, and the Clerk shall submit the proposed Motion to the Speaker”. We are not aware of any notice of Motion on thanksgiving for the appointment of Sen. Keter having been given in this House. I, therefore, request you to guide the House whether you have received any such Motion from any Senator, communicated to you by the Clerk. If you have not received, I beg you that you will be breaching the rules of this House. Standing Order No. 48 (2) already provides for what you are purporting to give discretion of ten minutes.

December 1, 2015 SENATEDEBATES

It is interesting how Members use Standing Orders, laws and rules to suit their own situations. On several occasions, I have had a request from Sen. (Dr.) Khalwale to use Standing Order No. 1 to allow him to proceed for one reason or another. Now, the same Senator is speaking otherwise. That is unfortunate. Standing Order No. 1 still overrules you, despite the number of Standing Orders you quote.

The issue here is as first put by Sen. Orengo and then amplified by Sen. Wako, amongst other leaders. I respect the wishes and feelings of the Senate Minority Leader. When any leader of whichever side of this House makes a request to the Chair, it carries a lot of weight. It becomes difficult to negate that request. I would request that when a leader wants to make a request, he should think twice before passing the hurdle to the Chair. We have listened to Sen. Keter and he has humbly and with a lot of wisdom, humility, respect and friendliness, made a special request, which I am inclined to accept.

Next order!

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

On a point of order, Mr. Temporary Speaker, Sir. Last week, our able Speaker made a ruling with regard to Kirinyaga Mihiriga Kenda Petition, which has been lying in the Committee on Legal Affairs and Human Rights. The ruling was that the Committee should give the way forward today. We are about to go on recess and our people in Kirinyaga are waiting for the results of the petition, which was tabled here almost six months ago. I seek your advice.

I have to be advised. I cannot remember that ruling.

Chair of the Committee on Legal Affairs and Human Rights, are you privy to that matter?

Sorry, Mr. Temporary Speaker, Sir, I was on another matter.

- “Before giving notice of Motion, the Senator shall deliver to the Clerk a copy of the proposed Motion signed by the Senator, and the Clerk shall submit the proposed Motion to the Speaker”. We are not aware of any notice of Motion on thanksgiving for the appointment of Sen. Keter having been given in this House. I, therefore, request you to guide the House whether you have received any such Motion from any Senator, communicated to you by the Clerk. If you have not received, I beg you that you will be breaching the rules of this House. Standing Order No. 48 (2) already provides for what you are purporting to give discretion of ten minutes.

December 1, 2015 SENATEDEBATES

It is interesting how Members use Standing Orders, laws and rules to suit their own situations. On several occasions, I have had a request from Sen. (Dr.) Khalwale to use Standing Order No. 1 to allow him to proceed for one reason or another. Now, the same Senator is speaking otherwise. That is unfortunate. Standing Order No. 1 still overrules you, despite the number of Standing Orders you quote.

The issue here is as first put by Sen. Orengo and then amplified by Sen. Wako, amongst other leaders. I respect the wishes and feelings of the Senate Minority Leader. When any leader of whichever side of this House makes a request to the Chair, it carries a lot of weight. It becomes difficult to negate that request. I would request that when a leader wants to make a request, he should think twice before passing the hurdle to the Chair. We have listened to Sen. Keter and he has humbly and with a lot of wisdom, humility, respect and friendliness, made a special request, which I am inclined to accept.

Next order!

On a point of order, Mr. Temporary Speaker, Sir. Last week, our able Speaker made a ruling with regard to Kirinyaga Mihiriga Kenda Petition, which has been lying in the Committee on Legal Affairs and Human Rights. The ruling was that the Committee should give the way forward today. We are about to go on recess and our people in Kirinyaga are waiting for the results of the petition, which was tabled here almost six months ago. I seek your advice.

I have to be advised. I cannot remember that ruling.

Chair of the Committee on Legal Affairs and Human Rights, are you privy to that matter?

This is a matter of Division. Whips, do we have the requisite numbers to vote?

consulted with the Clerks-at-the-Table) We do not have the requisite numbers in the House. Please, ring the Division Bell.

You can stop it now.

Sen. (Dr.) Khalwale, Sen. Murkomen and Sen. (Prof.) Lesan, have your seats. I am on my feet.

We now have the numbers. We can execute Order No.10

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Mr. Temporary Speaker, Sir, we deliberated on that matter and the report is ready. So, I will find out why it has not been forwarded to this House.

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

December 1, 2015 SENATEDEBATES COMMITTEE OF THE WHOLE CONSIDERATION OF THE PRESIDENTIAL MEMORANDUM ON THE PUBLIC PROCUREMENT AND ASSET DISPOSAL BILL (NATIONAL ASSEMBLY BILL NO. 40 OF 2014)

This is a matter of Division. Whips, do we have the requisite numbers to vote?

consulted with the Clerks-at-the-Table) We do not have the requisite numbers in the House. Please, ring the Division Bell.

You can stop it now.

Sen. (Dr.) Khalwale, Sen. Murkomen and Sen. (Prof.) Lesan, have your seats. I am on my feet.

We now have the numbers. We can execute Order No.10

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

December 1, 2015 SENATEDEBATES ABSTENTIONS: Nil

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

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Could the Bar be withdrawn?

Next Order!

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Hon. Members, the results of the Divisions are as follows:-

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Could the Bar be withdrawn?

Next Order!

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AYES: 25 NOES: Nil. ABSENTATIONS: Nil.

AYES: 25 NOES: Nil. ABSENTATIONS: Nil.

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On a point of order, Mr. Temporary Chairperson, Sir. You have just read out the result of the Divisions on those four issues. I just wanted you to clarify an issue which the Senate Minority Leader has drawn to my attention that he has consulted there at the table and found that Sen. Kisasa voted for Kilifi delegation. Now, we want confirmation that the leader of the delegation asked her to vote because they happened to be on different sides of the House. The Temporary Chairperson (

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Is it right, Sir? The Temporary Chairperson (

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On a point of order, Mr. Temporary Speaker, Sir. The Temporary Chairman (

Let us proceed. Let the Whips bring back the Members to the Chamber.

Mr. Temporary Chairman, Sir, I have a right to rise on a point of order. The Temporary Chairperson (

Madam Temporary Speaker, I beg to move that the House do agree with the Committee in the said report.

The Senate Minority Leader (Sen. Wetangula) seconded

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Could the Chairperson report?

On a point of order, Mr. Temporary Chairman, Sir. This is not a simple matter.

On a point of order, Madam Temporary Speaker. When we were in the Committee the exercise to which we are now reporting to you, a matter arose that requires clarification. As you know, traditions of this House are set by precedence. A precedent has been set whereby a Senator has voted and we have contested, could you also receive the same report so that the same is allowed to be decided on by yourself substantively.

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Early Childhood Education Bill (Senate Bill No.32 of 2014) and its approval thereof with amendments.

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Who allowed the Bars to be opened? We had indicated that the Bars remain drawn because we still have Bills to vote for. We now do not have the requisite numbers. We will have to proceed with the reporting and then ring the Division Bell.

Madam Temporary Speaker, send somebody to whip them

Let us proceed. Let the Whips bring back the Members to the Chamber.

Madam Temporary Speaker, I beg to report that the Committee of the whole has considered, The Climate Change Bill (National Assembly Bill No. 1 of 2014 and its approval thereof with amendments.

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

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We now have to ring the bell because we need a division on that. We could go through on the other one, report on it and then we do Division for both of them.

On a point of order, Madam Temporary Speaker. When we were in the Committee the exercise to which we are now reporting to you, a matter arose that requires clarification. As you know, traditions of this House are set by precedence. A precedent has been set whereby a Senator has voted and we have contested, could you also receive the same report so that the same is allowed to be decided on by yourself substantively.

Could the Bar be now withdrawn?

Madam Temporary Speaker, I beg to report that the Committee of the whole has considered The County Early Childhood Education Bill, (Senate Bill No. 32 of 2014) and its approval thereof with amendments.

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Madam Temporary Speaker, I beg to move The County Early Childhood Education Bill, (Senate Bill No. 32 of 2014) be now read a Third Time.

Sen. (Eng.) Karue seconded

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Could the Bar be now withdrawn?

Hon. Senators, the next Order is supposed to be the Committee of the Whole on The County Industrial Development Bill (Senate Bill No.7 of 2014) . However, because the amendments have just been introduced, we will defer it and move to Order No.17. We have already consulted with the Mover and it will be in the Order Paper tomorrow.

We will move to Order No.17

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Madam Temporary Speaker, I beg to move that The Water Bill (National Assembly Bill No.7 of 2014) be now read a Second Time.

As the adage goes, water is life. Water is a very important, but at the same time, a finite resource; it is not infinite. Water is critical for domestic, industrial and irrigation use. It is also useful for cultural purposes. It is because of this nature of water, being a finite, but critical resource, and being a resource that is needed in very many aspects of human life, that many countries of the world have witnessed community conflicts around adequacy and accessibility to water.

Our own country, Kenya has been classified as one of the most water-scarce countries of the world. It, therefore, came as a big relief when last year, it was announced that geologists had discovered large aquifers or underground water resources in Turkana County, in the northern part of our country. It is hoped, therefore, that soon when we can abstract water and put it to use, our country will move from being a water-scarce nation to a nation with adequate water supply.

Madam Temporary Speaker, those who drafted our Constitution had in mind the critical role of water in our national life. It is for that reason that our Constitution in Article 43 envisages water as a human right. I only know of South Africa as the only other country that has placed water, among other socio-economic rights, as justiciable rights.

There are three types of approaches by different countries to the question of water. Some constitutions are silent on water. The other category is countries which have adopted water in their constitutions under what is known as “directives of state policy” or “directive principles of state policy.” That means that water is mentioned in the constitution, but it is not provided for as an enforceable right.

In terms of modern constitutions, I can only cite the South African Constitution from which our Bill of Rights is largely modelled. Under Article 43 of our Constitution, we have water as a justiciable right. In other words, a Kenyan can go to court to enforce any limitation which is unauthorized or any abrogation of the right to water. The same case applies to other socio-economic rights like housing and sanitation. It is at this point, therefore, that the Constitution in the Fifth Schedule demands that there must be water legislation that gives effect to Article 43.

It is in that connection that I was very happy to see my colleague, Sen. Hassan Omar, introduce in this House a comprehensive Bill on the enforcement and realisation of socio-economic rights, generally under Article 43 of the Constitution. It is one of those moments that I commend him. We do not agree on many things, but this is one of the few areas that we agree on. I fully support that legislation. He has done this Senate proud as a

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Order, the Senate Minority Leader! You will have 30 minutes tomorrow to conclude your contribution.