November 8, 2016 SENATE DEBATES Tuesday, 8th November, 2016

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of visiting members of Chairperson’s Panel and staff from Kakamega County Assembly. I request each Member of the delegation to stand when called out, so that he or she may be acknowledged in the Senate tradition. They are:-

Hon. Abdihakim Mohamed - Deputy Speaker Hon. Francis Mulama - Chairperson, Chairperson’s Panel Hon. Sayeed Omsiritsia - Vice-Chairperson Hon. Herbert Sore - Member Hon. Mispella Mulari - Member Hon. Edward Shibember - Member Hon. Jane Esuchi - Member Hon. Isabella Amaiza - Member Ms. Judy Achieng - Committee Clerk Ms. Phyllivane Inziani - Committee Clerk Ms. Janet Mwombe - Committee Clerk

Mr. Speaker, Sir, I know Sen. (Dr.) Khalwale would have wanted to comment but he was seated next to me here, far away from his seat.

Mr. Speaker, Sir, I join you in recognising the presence of the delegation from Kakamega County Assembly. They should continue benchmarking not only with the

assemblies.

Mr. Speaker, Sir, I read in the newspaper about the collapse of a major wall in Bukhungu Stadium and I discovered that Kshs1 billion was spent. This Senate deals with oversight just like Kakamega County Assembly in this case. They should go and look at the matter thoroughly to find out what happened because Kshs1 billion is not little money. It can solve all the problems that are in Kakamega.

Members, this is just an appreciation. Therefore, you should not start raising an agenda.

Mr. Speaker, Sir, I appreciate the presence of the team from my county in the Speaker’s Gallery. I feel privileged and honoured that they have finally seen the wisdom of not going to Europe but coming to get the same knowledge from here.

Mr. Speaker, Sir, I have had an opportunity so share a moment with them and they are crying that they do not have a county assembly yet the Controller of Budget approved Kshs347 million for construction of an assembly. I hope when they make the appropriate approach to this House, we shall help them to ensure that the assembly is built.

Mr. Speaker, Sir, I thank you for giving me the opportunity to join you and my colleagues in welcoming the delegation from the great county of Kakamega which is my mother county. It is represented very ably here by none other than the “bullfighter.” I congratulate and thank them for taking advantage of the programme initiated---

Order, Senator, I am not aware of any Senator by the name “bullfighter.”

Mr. Speaker, Sir, the great county of Kakamega is represented by my brother, Sen. (Dr.) Khalwale, popularly known as the “bullfighter.”

That one is acceptable.

Mr. Speaker, Sir, I congratulate them for taking advantage of the programme that you initiated. I hail you for initiating the programme of empowering our county assemblies. County assemblies are very vital and key in ensuring that devolution succeeds. The biggest gain Kenyans got in the last constitutional dispensation of 2010 is devolution and we have no choice but to make sure that devolution succeeds and county assemblies are key players in ensuring that this works.

So, we encourage them to keep coming. Vihiga County Assembly has already brought about six delegations here on the same programme and I think almost each and every Members of County Assembly (MCA) of Vihiga has been to the Senate.

The Senate is their key ally in their oversight role. Therefore, they must always endeavour to work in tandem with the Senate for them to succeed particularly in their oversight duties.

Welcome and feel at home. We wish you all the best in your stay in Nairobi.

Mr. Speaker, Sir, I join my colleagues in welcoming the delegation from Kakamega County. You have heard Sen. (Prof.) Lonyangapuo raise a substantial issue in terms of oversight. Bukhungu Stadium is not the only one that has had

hard-headed governor who has refused to appear before the County Public Accounts and Investments Committee (CPAIC). He is the only one out of the 47 who has refused to even honour summonses before the CPAIC.

Mr. Speaker, Sir, we cannot deliberate these issues until he avails himself in person to take responsibility for the billions of shillings that are being pumped to Kakamega. We should not blame the Members. It is only that we are being frustrated. If that can happen to the Senate, I can only imagine what the county assembly, which is our small brother, is going through. It is worse because they cannot hold the county government accountable.

So, I hope we will break this deadlock and get Kakamega County Government accountable, so that the people of Kakamega will get value for money for the projects. What happened in Bukhungu is only an indication of many other projects that have been happening in the county.

I welcome the delegation and hope they will take their oversight role seriously as we do. They should always seek legal interventions like we have done. In terms of summoning the governor, we will not relent because that is what we are supposed to. We will continue to update the Parliamentary Service Commission (PSC) and this Senate about the attendance of Governor Oparanya.

Mr. Speaker, Sir, I would like to join you and my colleague Senators in welcoming the delegation from Kakamega. I consider the people of Kakamega as friends because I have worked with them and they gave me very good cooperation. I hope they will learn what has brought them here. For those who have never been here before, we welcome them.

Mr. Speaker, Sir, I also join my colleagues in appreciating the visitors from my county which is Kakamega. I know they have faced many challenges. In the report of the Controller of Budget, they were unable to bank all their local revenue. Therefore, queries will be raised.

As we move towards elections, I would like to urge the women to go for substantive seats. We should support each other to be elected so that we manage the resources that we are given by the national Government.

Mr. Speaker, Sir, in Kakamega, we have stood firm. We have a governor who is very notorious but at the same time, some of the MCAs have been very strong on him to ensure that he accounts for what he is doing. I thank them for the work they have done.

Mr. Speaker, Sir, thank you.

Hon. Members, I acknowledge the presence of the following students from Nginda Girls’ Secondary School in the Speaker’s Gallery:-

Mr. Speaker, Sir, as the Chairperson of the Committee on Education, let me take this opportunity to welcome, appreciate and acknowledge the students from Nginda Girls’ Secondary School. Having come all the way from Murang’a County to this Senate is a clear representation of what should happen to many of the schools in Kenya. I am happy that they have found time to come. I am sure that they are not involved in the Kenya Certificate of Secondary Education (KCSE) and that is the reason they are here. I believe they are in Form 2 and 3. This is good. Let other schools also learn from Nginda Girls Secondary School as they send more representations to the Senate.

Even though your Senator, Sen. Kembi-Gitura, is absent, he will be happy to find you here when he comes. However, if he finds you gone, do not worry. You are well received in this Senate.

Welcome.

Mr. Speaker, Sir, I also add my voice in welcoming the students. I am elated to realise that they are girl students coming to volunteer in the Senate. It means that it is a good beginning for them realising that we are struggling to have more women in leadership in the world. For example, today, the Americans are struggling to elect Mrs. Hillary Clinton to presidency. For them to come here, they have began well and are destined for greatness.

Mr. Speaker, Sir, I join my colleagues in welcoming the girls form Nginda Secondary School. It is my county of birth. I am very proud that they are here today.

them that tomorrow, they can sit where we are sitting today. These seats are theirs. We have paved the way for them by clearing the bushes and it can only get better. They have come at a time when we are making history by getting the first woman President in the United States of America (USA) second to UK’s Prime Minister, Teresa May. Girls rule the world. You can be anything that you want to become.

Welcome to the Senate. I hope you get the best out of the interaction.

Mr. Speaker, Sir, I also join my colleagues to extend my welcome to the students here. Being girls---

Order! Did I hear Sen. Wangari talk of the first woman President of USA? Have the presidential results been announced?

Mr. Speaker, Sir, this will be known in a few hours. We are just waiting for it to happen because all directions and indications are that she will win. I am with her.

Mr. Speaker, Sir, in fact, from the look of things---

On a point of order, Mr. Speaker, Sir. You can hear from the tone of Sen. Wangari. From the way she is putting it, she does not recognise the competitor of the lady. In short, it is seems she does not like men.

On a point of order, Mr. Speaker, Sir. Is Sen. (Prof.) Lonyangapuo in order to say that I do not like men? I confirm to him that I have husband and I am a mother of boys. I like men, but not that one who is against Mrs. Clinton. It is on record, he has referred to women as pigs. I cannot be associated with such a man.

Mr. Speaker, Sir, if you listened carefully, the distinguished Sen. Wangari said: “We are behind her.” Obviously, the way this Parliament is structured, it means that she is imagining that Jubilee is with her. Is she aware that during the National Delegates Congress of the Democratic Party, it was only the Coalition for Reforms and Democracy (CORD) which was invited? Jubilee was not given an opportunity. Is she in order to mislead the House?

Order, Sen. (Dr.) Khalwale! You get it wrong on two fronts; one, you are interpreting “Tuko Pamoja” with being with her. Two, invitation does not necessarily being with her.

Order, Sen. (Dr.) Khalwale! You get it wrong on two fronts; one, you are interpreting “Tuko Pamoja” with being with her. Two, invitation does not necessarily being with her.

it in the way that those are your aspirations. You cannot put them as if they have been concluded. That is where the issue is.

Mr. Speaker, Sir, I am definitely guided. We will wait for a few hours. In response to Sen. (Dr.) Khalwale, I confirm that Hon. Sakaja, the Chairman of Kenya Young Parliamentarians (KYP) was actually invited and represented us in the Democratic Party. He just chose because you only saw one person. However, I put it on record that it is not about Jubilee. Many who are even on the other side are with her apart from hon. Sen (Dr.) Khalwale.

Sen. Muthama, continue.

Mr. Speaker, Sir, no matter how much Sen. Wangari can be tormented on this issue, it is obvious that the incoming President of USA will be none other than Mrs. Clinton. These are the numbers. They have been given and we go by that.

The students have come here at the right time because none of them will ever forget that they came here when America was holding elections to elect the first woman President. I can see them smiling because they know in the next 20 years, I promise this House that one of these girls will campaign giving reference to what happened when she came here. It is good that points of order have been raised by women because today should be the day for women.

Mr. Speaker, Sir, I join my colleagues in welcoming the young girls at the Speaker’s Gallery at your invitation. I am a father of four beautiful girls. Therefore, I would like to share the pleasure of having those young ladies up there.

I have met the former Senator Hillary Clinton twice. I know that she is a capable woman. She is able to lead the great nation of the United States of America (USA) .

I remind the young girls that their dreams are valid.

Thank you, Mr. Speaker, Sir. I thank the Senate because it has made us proud by seeing young girls seated in the Senate. In some few hours, history will judge us that women in the world can lead powerful nations. Today, these young girls will remember that we can transform our nation. You will learn a lot. Thirdly, you will be there to see that the USA, the land of opportunity, will be led by a woman.

Thank you.

Order!

Mr. Speaker, Sir, I celebrate and commend the young girls who have chosen to come to the Senate to see how deliberations are conducted. They are learning great things in their lives. I wish them the best and I thank their institution. As we celebrate, we have come a long way fighting for leadership in order to be on the leadership table with men. Today, I take this opportunity to celebrate in advance Hillary Clinton because I believe she will be elected. The girls have done the right thing to come here. I congratulate you and wish you the best in your lives.

Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate today, Tuesday, 8th November, 2016:-

Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate today, Tuesday, 8th November, 2016:-

Mr. Speaker, Sir, I beg to lay the following manual Papers on the Table of the Senate today, Tuesday, November 8th, 2016:

Report of the Auditor General on the Financial Operations of Marsabit County Assembly for the period 1st July, 2014 to 30th June, 2015.

November 8, 2016 SENATE DEBATES STATEMENTS OF GARISSA COUNTY GOVERNMENT

On a point of order, Mr. Speaker, Sir. Did you hear Sen. (Prof.) Anyang’-Nyong’o call the Papers “manual?” For the purposes of the record of this House, can he expound what a manual Paper is? Did he mean a hard copy?

Mr. Speaker, Sir, it means the same thing. It means they are not digital. They are right in front of me.

Order Sen. (Prof.) Anyang’-Nyong’o. You may not know how Sen. Hassan considers it. Any word is interpreted in a professorial manner. So, you need to be clear.

Okay, Mr. Speaker, Sir. I meant hard copies and not digital. He was just being cheeky.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate:

(Sen. (Prof.) Anyang’-Nyong’o laid the documents on the Table)

Mr. Speaker, Sir, I wanted to raise the issue while Sen. (Prof.) Anyang’-Nyong’o was still laying the Papers on the Table. Since he has left, I still thought that I should let him know that he presented the hard copies of the Papers but he manually presented them.

On a point of order, Mr. Speaker, Sir. Is Sen. (Prof.) Lesan in order to raise an issue that does not exist when Sen. (Prof.) Anyang’-Nyong’o has finished what he came to do? We can allow them to go to a university auditorium at

On a point of order, Mr. Speaker, Sir. Is Sen. (Prof.) Lesan in order to raise an issue that does not exist when Sen. (Prof.) Anyang’-Nyong’o has finished what he came to do? We can allow them to go to a university auditorium at

Mr. Speaker, Sir, for the first time, I have nothing to say.

Mr. Speaker, Sir, for the first time, I have nothing to say.

National Construction Authority.

National Construction Authority.

Mr. Speaker, Sir, on a point of order. I would also want to add that in the event that this building collapsed, the mere fact that nobody was hurt is not ground itself for us to just ask technical questions. Further, what action has been taken against the contractor and the Resident Engineer for that substandard work?

Mr. Speaker, Sir, Bukhungu Stadium is not a facility for only Kakamega. It is a facility that will benefit the entire region, Kakamega being the mother county of some of our counties. A sum of Kshs1 billion is a lot of money. It is absolutely important that the people of Kakamega get value for their money. This is money that we fight so hard with the National Assembly and other national institutions to ensure that our counties get enough money to implement their projects. Therefore, it is absolutely important that we confirm if proper procurement process was followed to identify this contractor.

I want to ensure the Chairman of the Committee on Labour and Social Welfare to ensure that the Cabinet Secretary of Physical Planning stops the construction of this stadium until investigations are thoroughly done and completed, a report made to this House before the construction can continue.

Mr. Speaker, Sir, I want to seek a statement. Should I go ahead?

You can do it later.

Mr. Speaker, Sir, further clarification on the same. In his response, he should state which year the contract was given. Was it the year 2013/2014 or 2014/2015 or 2015/2016?

Order, Sen. (Prof.) Lonyangapuo! Once you, say, state the year, try to give examples.

Mr. Speaker, Sir, I was leading to the last part of it to this extent.

Then jump there.

Mr. Speaker, Sir, right now, the said Governor is unable to come and show how Kshs1.5 billion for the year 2014/2015 was spent. Could this be during that period or another year?

Chairman of the Committee on the Labour and Social Welfare.

Is Vice-Chairperson here?

Thank you, Mr. Speaker, Sir. I would require at least two weeks to respond. So ordered. Table the response in two weeks’ time.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.45 (2b) to seek a statement from the Chairperson of the Standing Committee on

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.45 (2b) to seek a statement from the Chairperson of the Standing Committee on

of a Mr. Philip Mbithi Mutiso, a Kenyan citizen of alleged operation of electronic communication without a licence. In the statement:-

Mr. Speaker, Sir, I am. This statement is related to--- That is your statement. Order, Sen. Haji! Sen. (Prof.) Lesan, you need to assist your neighbour.

Sen. Muthama has requested a statement on a Kenyan citizen detained in Tanzania.

Mr. Speaker, Sir, I will endeavour to answer it on Thursday, next.

Mr. Speaker, Sir, I rise under Standing Order No.87 to draw your attention to Speaker’s Rule No.5 which says:-

“Senators shall be required not to enter the Chamber, lounge or dining room without being properly dressed”

I draw your attention to this particular rule so as to appreciate Sen. Zipporah Kittony. In an era where women are now competing with men in wearing trousers, today, she is the example of how a Kenyan woman should be dressed. She looks so young and this Senate should appreciate her. Could you kindly determine whether what I am saying is true by asking her to stand?

Mr. Speaker, Sir, it is now my honour and privilege to invite the elegantly dressed and exemplary woman leader in the Republic to do a catwalk and approach the Dispatch Box, so that she can appreciate the fact that we feel her today.

On a point of order, Mr. Speaker, Sir. This Senate is a House of honour and dignity. All Members here are hon. Senators and their mode of dressing is modest. Is the hon. Senator in order to demean the women Senators in this House by ordering Sen. Kittony to do a catwalk in the Senate? This is a place where we showcase our mental capacities and not our catwalk capabilities. Is he in order?

On a point of order, Mr. Speaker, Sir. I am surprised by the comments of Sen. (Dr.) Khalwale. We were in the Tenth Parliament with you and Sen. (Dr.) Khalwale and we saw female Members of Parliament being criticized for not dressing properly. We are about to finish the term of the Eleventh Parliament and none of the women Senators here has ever been criticized for dressing improperly. Is he in order to say that Sen. Kittony is smartly dressed because she is not wearing a pair of trousers, when Sen. Lesuuda has just walked in and is smartly dressed like an African woman? Is he also in order to demean Sen. Kittony by telling her to walk to the Dispatch Box so that we can see how she is dressed? What is he trying to test? Could he declare his interest?

Order! What is it, Sen. (Prof.) Lonyangapuo?

On a point of order, Mr. Speaker, Sir. I may not have understood Sen. (Dr.) Khalwale well, but I think he is recognizing what the lady Senators have been saying since we came in the afternoon; that they anticipate a lady to be elected President of the United States of America (USA) . I think Sen. (Dr.) Khalwale does not want that point to be lost.

On a point of order, Mr. Speaker, Sir. Sen. Zipporah Kittony is not only a Senator in this House, but also one of the few respected women rights advocates who went to Beijing. She is also a mother and grandmother to some of us. Is it in order for Sen. (Dr.) Khalwale to try to demean the women of Kenya through the most respected matriarch and a representation of the struggle of women rights in this very important ‘Upper’ House?

Mr. Speaker, Sir, I stand under Standing Order No.93 to ask the Speaker to compel Sen. (Dr.) Khalwale to declare his interest in this matter.

Mr. Speaker, Sir, although religiously and culturally I am opposed to certain dresses, it is a serious matter for the hon. Senator to demand that Sen. Kittony present herself by doing a catwalk, as if we are here to watch a beauty contest. He should be ruled out of order and chased away from the House.

What is it, Sen. (Dr.) Machage? You will have the very last on this.

Like myself. In fact, many a times when that particular Standing Order is pointed out, it is usually to challenge the dressing, and Sen. Haji has been a victim on more than one occasion. In fact, Speaker’s Rule No.5 says:-

November 8, 2016 SENATE DEBATES ONYANSI IN KISII COUNTY

November 8, 2016 SENATE DEBATES ONYANSI IN KISII COUNTY

On a point of order, Mr. Speaker, Sir. Three weeks ago, I sought a statement from the Chair of the Committee on National Security and Foreign Relations Committee regarding two women traders at Daraja Mbili market in Kisii town who lost their lives. There is considerable anxiety out there. People want to know how and what caused the death of those women.

When was it due, Senator?

Mr. Speaker, Sir. Pursuant to Standing Order 45 (2) (b) , I wish to seek a statement from the Chairperson of the Standing Committee on Roads and Transportation regarding the status of Rabuor-Chiga-Kibos road in Kisumu County. In the statement, the Chairperson should address the following issues:-

Mr. Speaker, Sir. Pursuant to Standing Order 45 (2) (b) , I wish to seek a statement from the Chairperson of the Standing Committee on Roads and Transportation regarding the status of Rabuor-Chiga-Kibos road in Kisumu County. In the statement, the Chairperson should address the following issues:-

Mr. Speaker, Sir, the Committee on Roads and Transportation will make a response to that statement in two weeks time.

So ordered.

Mr. Speaker, Sir, I am sorry that I was not aware of Sen. Obure’s statement. I was not here for two weeks ago but I will undertake to issue the statement on Thursday next week with his concurrence. Thank you.

Sen. Ongoro!

Mr. Speaker, Sir, my request has been overtaken by events. Sen. (Prof.) Lonyangapuo.

November 8, 2016 SENATE DEBATES GOVERNOR ISAAC RUTTO

Mr. Speaker, Sir, allow me to ride on that important question. Before I do so, I would like to send my “condolences” to our brother and hero, Gov. Isaac Rutto.

Sorry, not condolences. I know some people would be happy if they heard he is no more but he is going to be there. God is the final arbiter. I wish to send sympathy to Gov. Isaac Rutto. The issue in question is security. Could the Chairman clarify in view of the fact that in the recently ended by-election in Turkana, the daughter of the Orange Democratic Movement (ODM) candidate was shot by the police? In Bomet again, it was a political situation. Could the Chairman clarify that Jubilee Government does not intend to use the police to Intimidate members of the opposition and or kill some Members of the opposition for purposes of having a win at the election of 2017?

Mr. Speaker, Sir, allow me to ride on that important question. Before I do so, I would like to send my “condolences” to our brother and hero, Gov. Isaac Rutto.

Sorry, not condolences. I know some people would be happy if they heard he is no more but he is going to be there. God is the final arbiter. I wish to send sympathy to Gov. Isaac Rutto. The issue in question is security. Could the Chairman clarify in view of the fact that in the recently ended by-election in Turkana, the daughter of the Orange Democratic Movement (ODM) candidate was shot by the police? In Bomet again, it was a political situation. Could the Chairman clarify that Jubilee Government does not intend to use the police to Intimidate members of the opposition and or kill some Members of the opposition for purposes of having a win at the election of 2017?

Sen. Murkomen.

Mr. Speaker, Sir, I equally send my sympathies and message of quick recovery to the Governor of Bomet. Riding on the same question, I would like the Chair to tell this House in the question that had been asked by Sen. Khaniri; to what extent is the act of hooliganism entrenched in the counties and how many hooligans are paid from county resources in the name of enforcement officers? Can the Chair tell us whether - in Bomet and Narok County where I was in Emurua Dikir Constituency – it is true that goons that spill over from Bomet County go to Narok County and who are paid by county resources to always accompany the governor and heckle all opponents and rubbish and fight them to ensure meetings that are organized by opponents of governors – not only in Bomet but the same was witnessed in Kakamega, Trans Nzoia and in Kiambu

are fighting political opponents who are managers of our devolved resources?

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

On a point of order, Mr. Speaker, Sir. Whereas I appreciate the acknowledgement by Sen. Murkomen that in Kakamega County, hooligans were used to teargas us at Muliro Gardens, is he in order without substantiation to allege that Gov. Isaac Rutto pays goons who traverse across the border to neigbouring county of Narok? Could he substantiate that allegation?

Order, Members. This is Statement hour. Questions are being posed to the Committee Chairs. So, Sen. (Dr.) Khalwale, you cannot ask yours and you do not want others to ask theirs. You talked of one government using the police. Sen. Murkomen talked of the devolved governments using goons. So, let the Chairman go and find out for us. That is the only fair way of dealing with these kind of matters.

Mr. Speaker, Sir, allow me also to ride on the statement that was asked by professor. Could the Chair of the Committee explain the circumstances that led to the arrest of three boys a day before the fracas at Silibwet Stadium where the incident occurred? Secondly, I would also like the Chair to find out and present to this House the address that was made by the Governor at a market centre called Merigi on 19th August, 2016.

Mr. Speaker, Sir, thank you.

Mr. Speaker, Sir, let me also ride on the statement. Following what Sen. Murkomen said about hooliganism, rather than confining to one county, could the Chairman investigate and report to the House the use of hooligans in all counties both by the governors and the police?

Mr. Speaker, Sir, riding on the same statement, could the Chairperson also tell us the steps that the Government has put in place to ensure the security of women aspirants in this country? He should tell us that because just yesterday or the day before, there was an attack in Teso South that was directed to women Senators and Members of Parliament (MPs) . We have seen the same in Bomet and in other areas. Could the Chairman tell us what the Government is doing to protect those of us who will be seeking offices that are perceived to be for men? He should also tell us the action taken concerning attacks during our programmes and functions.

Mr. Speaker, Sir, I thank you.

Mr. Speaker, Sir, I also want to ride on the same statement. I would like the Chairman to ask the Cabinet Secretary (CS) to tell us the precautions or measures they have taken to protect not only the women but most of the aspirants. I know for sure that my supporters have been beaten up in Langata and there are some people who are waiting to kill me. Could they find out who those people are and what measures have been put in place?

The Chair.

Mr. Speaker, Sir, first and foremost, I sympathise with Governor Ruto because he was one of us in the last Parliament. It is unfortunate for whatever happened. That notwithstanding, I will require two weeks in order to get an answer particularly on

Mr. Speaker, Sir, with the deep respect I have for this House and the sincere and esteemed position that I know that the Speaker occupies in this House, having tried my best to get a document that I thought I would get, I would like to withdraw my statement and apologise to this House.

Mr. Speaker, Sir, with the deep respect I have for this House and the sincere and esteemed position that I know that the Speaker occupies in this House, having tried my best to get a document that I thought I would get, I would like to withdraw my statement and apologise to this House.

Mr. Speaker, Sir, since Sen. (Prof.) Anyang'-Nyong'o has withdrawn and apologised over his malicious remarks he made against the Jubilee Administration, I would also wish to withdraw and apologise over the remarks I made on some of the current opposition leaders who were Ministers in the Grand Coalition Government during the Grand Coalition Regime.

Very well. Members, our Standing Orders are very clear. If you fail to substantiate, you should withdraw and apologise and the two Senators have done exactly that. So, that should rest the matter.

On a point of order, Mr. Speaker, Sir. What is it, Sen. Haji?

Mr. Speaker, Sir, I will go straight to the answer. The National Police Service (NPS) has been using an analogue communication system which has been insecure and prone to misuse and interference by unauthorized users or intruders. In addition, the system has limited capacity which causes congestion and delays in communication while the network is unable to support high speed data to match the modern technology. Those challenges necessitated the replacement of the system with one that will incorporate advanced technological capabilities such as data inscription and network security.

Mr. Speaker, Sir, I will go straight to the answer. The National Police Service (NPS) has been using an analogue communication system which has been insecure and prone to misuse and interference by unauthorized users or intruders. In addition, the system has limited capacity which causes congestion and delays in communication while the network is unable to support high speed data to match the modern technology. Those challenges necessitated the replacement of the system with one that will incorporate advanced technological capabilities such as data inscription and network security.

On a point of order, Mr. Speaker, Sir. The rules of this House are very clear that when a Member is addressing the House through the Chair, no other Member will stand between that Member and the Chair.

Mr. Speaker, Sir, are you aware that not less than three Senators are standing between you and Sen. Haji; namely, Sen. Murkomen, my senior, Sen. (Prof.) Lesan who has just walked away and another Member who has just left?

Order! Members! Those Members mentioned should abide by that Standing Order as pointed out by Sen. (Dr.) Khalwale. Sen. Haji, proceed.

Mr. Speaker, Sir, the overall objective of the communication system project is to modernize the communication infrastructure system and capability for the police to proactively manage the security in the country. It also aimed at professionalizing police response to easiness by moving towards directed and mission- focus deployment of resources.

The system will deliver the following outcomes:-

On a point of order, Mr. Speaker, Sir. What is it, Sen. Murkomen?

Mr. Speaker, Sir, I do not mean to interrupt the Chair. However, I do not know if it is in order for you to direct that we first proceed to division now that there is an indication that we have the numbers and then we will come back to the Statement.

Order, Senators. Sen. Haji, you will stop there and proceed after the division.

The Senate Majority Leader, could you confirm that we have the numbers?

The Senate Majority Leader, could you confirm that we have the numbers?

Mr. Temporary Speaker, Sir, we have the numbers.

Very well. Draw the bars and close the doors.

Hon. Senators, we will proceed to Division with regard to Order Nos.8 and 9. We do not have the threshold for Order Nos.10 and 11. So, we will proceed into voting under Division for Order Nos.8 and 9.

November 8, 2016 SENATE DEBATES DIVISION ELECTRONIC VOTING

November 8, 2016 SENATE DEBATES ELECTRONIC VOTING

Hon. Senators, we do not have the quorum to transact the Division with regard to Order Nos.10 and 11. Therefore, we defer the Divisions on the same. You are aware that that requires two-thirds majority but we do not have the quorum.

Second Readings

Order Nos. 12, 13, 14 and 15. The Divisions are few. I request hon. Members - appreciating the fact that we have had a difficulty in raising the quorum - to retain the quorum and finalise the divisions.

Mr. Temporary Speaker, Sir, in view of the threshold for the constitutional amendment Bills, from what we have read under the Constitution, we require 45 Members to sit. That has never happened unless it happened when I was absent. I do not know whether the leadership of the House including the Senate Majority Leader and the whips will do something different so that a day is reserved for the division of the constitutional amendment Bills only. Otherwise, we will be accused of omissions and dereliction of duty because we have never had a quorum of 45 Members and we will never be 45 Members soon.

Thank you.

Sen. Mutula Kilonzo Jnr., are you sure we have never had a threshold of 45? I am sure in most the impeachments we have raised it. I want to hear from the Senate Minority Leader first.

Mr. Temporary Speaker, Sir, I want to concur with Sen. Mutula Kilonzo Jnr. that this has never happened in this House to the extent that I remember honestly. It is an uphill task, but with commitment from both sides and a special day designated, probably it could. However, it is not an easy task.

Mr. Temporary Speaker, Sir, getting two thirds of Members of any House of Parliament anywhere in the world is a very difficult thing. It is not that colleagues are not committed. As you are aware, many things go at the same time. There are committees that are working, some are abroad, et cetera. So, we must go out of our way to make a special case for turn up.

For that reason, I would suggest if the House allows that we set a date maybe a week or two from now and we whip towards that. If we say Tuesday, next week, we cannot be sure. I would rather we say two weeks and then we whip our Members towards that day. I am aware there are some committees which are travelling out of the country even next week. So, we need two weeks. We go out of our way to whip Members to come for that special day. Otherwise, it is not very easy to deliver two thirds.

Mr. Temporary Speaker, Sir, that is why a direction needs to be issued and maybe this ought to go to House Business Committee. One of the Bills here is a serious one. It deals with the Equalization Fund. During the debate last week, it came to the Floor of the Senate that, in fact, funds were disbursed in the manner suggested in this Bill, but the Bill has never been passed. This is something that is extremely serious and urgent. Therefore, something drastic needs to be done somewhere at the leadership level so that you can get the threshold of 45 by cancelling either the trips or giving sometime where you freeze everything so that we all come here and vote whether it is in the morning or afternoon.

The Majority Leader and the Minority Leader, I am inclined to give the same directives. I so direct that the House Business

the Whips on either side to marshal the numbers. We must have the intervention of the HBC, identify a day and ensure that on that particular day you have considered all the ongoing activities in the House to ensure that we have the numbers to dispense with these very important constitutional amendment Bills. It is so directed.

Mr. Temporary Chairman, Sir, on a point of order. The Speaker never made any determination on the drawing of the bars. He only cruised himself without making a determination. So, I concur with the sentiments of

and we go.

On a point of order, Mr. Temporary Chairman, Sir. I appreciate that in guiding the House, you refer to Standing Order No.1 and it refers to matters for which the Standing Orders do not provide.

The Temporary Chairman (Sen. (Dr.) Machage): You are very right. The Standing Orders do not provide for the Chair to rule on the opening of the bars.

Dr. Khalwale: Mr. Temporary Chairman, Sir, if you look at Standing Order No.1(2), that provision is also found in the usages, traditions and practices of this House. We already have the usages and traditions in this regard and, therefore, you cannot refer to that Standing Order. With due respect, could you reconsider your ruling?

The Temporary Chairman (Sen. (Dr.) Machage): Yes, I have reconsidered my ruling, Sen. (Dr.) Khalwale. Can you withdraw the bars and open the foors?

I would have expected Sen. (Dr.) Khalwale to congratulate me for that.

We will look at the HANSARD tomorrow to determine that.

Mr. Temporary Chairman, Sir, you have joined the ranks of the late Prof. Onesmus Mutungi who used to adjourn hearings to make a ruling on the adjournment. The Temporary Chairman (

If I remember, Prof. Mutungi was one of the most relevant people when he died. So really, maybe I am building my own obituary. On a serious note, I know Sen. (Dr.) Khalwale, Sen. Khaniri and Sen. Mutula Kilonzo Jnr. are all quite in order, but because we are patriots, I have one prayer. Let us

and we go.On a point of order, Mr. Temporary Chairman, Sir. I appreciate that in guiding the House, you refer to Standing Order No.1 and it refers to matters for which the Standing Orders do not provide.The Temporary Chairman (

November 8, 2016 SENATE DEBATES ELECTRONING VOTING

Yes, I have reconsidered my ruling, Sen. (Dr.) Khalwale. Can you withdraw the bars and open the foors?I would have expected Sen. (Dr.) Khalwale to congratulate me for that.

November 8, 2016 SENATE DEBATES ELECTRONIC VOTING THE EMPLOYMENT (AMENDMENT) BILL (SENATE BILL NO.1 OF 2015)

put and the Senate proceeded to vote by County Delegations) AYES: Sen. Abdirahman, Wajir County; Sen. Bule, Tana River County; Sen. Chelule, Nakuru County; Sen. Cheruiyot, Kericho County; Sen. Haji, Garissa County; Sen. M. Kajwang, Homa Bay County; Sen. Karaba, Kirinyaga County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. Kivuti, Embu County; Sen. (Prof.) Lesan, Bomet County; Sen. (Dr.) Machage, Migori County; Sen. Madzayo, Kilifi County; Sen. Mbuvi, Nairobi County; Sen. Melly, Uasin Gishu County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Murungi, Meru County; Sen. Muthama, Machakos County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Ndiema, Trans Nzoia County; Sen. Obure, Kisii County; Sen. Okong’o, Nyamira County; and Sen. Sang, Nandi County.

November 8, 2016 SENATE DEBATES ELECTRONING VOTING

County; Sen. Mbuvi, Nairobi County; Sen. Melly, Uasin Gishu County; Sen. Murkomen, Elgeyo Marakwet County; Sen. Murungi, Meru County; Sen. Muthama, Machakos County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Ndiema, Trans Nzoia County; Sen. Obure, Kisii County; Sen. Okong’o, Nyamira County; and Sen. Sang, Nandi County.

November 8, 2016 SENATE DEBATES ELECTRONIC VOTING

Hon. Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Outdoor Advertising Control Bill (Senate Bill No. 11 of 2015) and its approval thereof with amendments.

Sen. Abdirahman seconded.

Hon. Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the Petitions to County Assemblies Procedure Bill (Senate Bill No. 35 of 2014) and its approval thereof with amendments.

Sen. Abdirahman seconded.

November 8, 2016 SENATE DEBATES NOES: 0 ABSENTIONS: 0

Hon. Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Outdoor Advertising Control Bill (Senate Bill No. 11 of 2015) and its approval thereof with amendments.

Sen. Abdirahman seconded.

Hon. Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the Employment (Amendment) Bill (Senate Bill No.1 of 2015) and its approval thereof with amendments.

Sen. Abdirahman seconded.

Hon. Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Library Services Bill (Senate Bill No. 6 of 2015) and its approval thereof with amendments.

Sen. Abdirahman seconded.

November 8, 2016 SENATE DEBATES (SENATE BILL NO. 35 OF 2014)

Hon. Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the Petitions to County Assemblies Procedure Bill (Senate Bill No. 35 of 2014) and its approval thereof with amendments.

Sen. Abdirahman seconded.

As I order for the bars to be drawn and the doors open, I beg that you do not move because we also have other divisions. We have already bowed on both sides.

Sen. Bule, we have agreed this afternoon that we have to conclude the business that we have on the Order Paper.

Hon. Senators, let us proceed.

November 8, 2016 SENATE DEBATES (SENATE BILL NO.6 OF 2015)

Mr. Temporary Speaker, Sir, I second.

Mr. Temporary Speaker, Sir, I beg to move that The County Library Services Bill (Senate Bill No.6 of 2015) be now read a Third Time. I request the Deputy Leader Minority to second.

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

I request the Senate Deputy Minority Leader to second.

Mr. Temporary Speaker, Sir, I second.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Deputy Leader of Minority to second.

Mr. Temporary Speaker, Sir, I second.

Mr. Temporary Speaker, Sir, I beg to move that The Petition to County Assemblies (Procedure) Bill (Senate Bill No.35 of 2014) be now read a Third time. I request the Deputy Leader of Minority to second.

November 8, 2016 SENATE DEBATES (SENATE BILL NO.6 OF 2015)

Mr. Temporary Speaker, Sir, I second.

I will put the question at the end.

Hon. Senators, we will have the Division bell ring for one minute and that will be for all the divisions.

Hon. Senators, I now put the question; that The County Outdoor Advertising Control Bill (Senate Bill No.11 of 2015) be now read the Third Time.

Continue to vote.

I hope you appreciate the fact that if you are in the House, you must vote or indicate that you are abstaining.

We will now proceed to the next division. I now put the Question; that The Petition to County Assemblies (Procedure) Bill (Senate Bill No.35 of 2014) be now read the Third Time.

Senators, proceed to vote.

Hon. Senators, let us proceed to the next division. I now put the question that the County Library Services Bill (Senate Bill No.6 of 2015) be now read the Third Time.

Proceed to vote.

Sen. Cheruiyot, have you voted?

On a point of order, Mr. Temporary Speaker, Sir. Did you see what Sen. Cheruiyot did?

Mr. Temporary Speaker, Sir, we appreciate that he is a new Member, but---

Mr. Temporary Speaker, Sir, he is no longer a new Member.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Deputy Leader of Minority to second.

Mr. Temporary Speaker, Sir, I second.

Mr. Temporary Speaker, Sir, I beg to move that The Petition to County Assemblies (Procedure) Bill (Senate Bill No.35 of 2014) be now read a Third time. I request the Deputy Leader of Minority to second.

Mr. Temporary Speaker, Sir, I second.

I will put the question at the end.

Hon. Senators, we will have the Division bell ring for one minute and that will be for all the divisions.

Hon. Senators, I now put the question; that The County Outdoor Advertising Control Bill (Senate Bill No.11 of 2015) be now read the Third Time.

Continue to vote.

I hope you appreciate the fact that if you are in the House, you must vote or indicate that you are abstaining.

We will now proceed to the next division. I now put the Question; that The Petition to County Assemblies (Procedure) Bill (Senate Bill No.35 of 2014) be now read the Third Time.

Senators, proceed to vote.

Hon. Senators, let us proceed to the next division. I now put the question that the County Library Services Bill (Senate Bill No.6 of 2015) be now read the Third Time.

Proceed to vote.

Sen. Cheruiyot, have you voted?

On a point of order, Mr. Temporary Speaker, Sir. Did you see what Sen. Cheruiyot did?

Mr. Temporary Speaker, Sir, we appreciate that he is a new Member, but---

Mr. Temporary Speaker, Sir, he is no longer a new Member.

Sen. Cheruiyot, what have you done?

Mr. Temporary Speaker, Sir, I walked to the Bar, bowed and came to this side.

What did you do before that? I apologize, Mr. Temporary Speaker, Sir. It is because we have overworked today. It is a sign of fatigue on the part of the Senators.

AYES: Sen. Abdirahman, Wajir County; Sen. Bule, Tana River County; Sen. Chelule, Nakuru County; Sen. Cheruiyot, Kericho County; Sen. Haji, Garissa County; Sen. M. Kajwang, Homa Bay County; Sen. Karaba, Kirinyaga County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. Kivuti, Embu County; Sen. (Prof.) Lesan, Bomet County; Sen. (Dr.) Machage, Migori County; Sen. Madzayo, Kilifi County; Sen. Mbuvi, Nairobi County; Sen. Melly, Uasin Gishu County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Murungi, Meru County; Sen. Muthama, Machakos County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Ndiema, Trans Nzoia County; Sen. Obure, Kisii County; Sen. Okong’o, Nyamira County; Sen. Sang, Nandi County and Sen. Wamatangi, Kiambu County.

Very well. Hon. Senators, let us go to the last division. I now put the Question; that the Employment (Amendment) Bill (Senate Bill No.1 of 2015) be now read the Third Time.

Proceed to vote.

Sen. Mbuvi and Sen. Cheruiyot, the Standing Orders stipulate in this House that during voting, you quietly vote and remain seated.

the results as follows:-

Hon. Senators, I wish to announce the results as follows:-

AYES: Sen. Abdirahman, Wajir County; Sen. Bule, Tana River County; Sen. Chelule, Nakuru County; Sen. Cheruiyot, Kericho County; Sen. Haji, Garissa County; Sen. M. Kajwang, Homa Bay County; Sen. Karaba, Kirinyaga County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. Kivuti, Embu County; Sen. (Prof.) Lesan, Bomet County; Sen. (Dr.) Machage, Migori County; Sen. Madzayo, Kilifi County; Sen. Mbuvi, Nairobi County; Sen. Melly, Uasin Gishu County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Murungi, Meru County; Sen. Muthama, Machakos County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Ndiema, Trans Nzoia County; Sen. Obure, Kisii County; Sen. Okong’o, Nyamira County; Sen. Sang, Nandi County and Sen. Wamatangi, Kiambu County.

Hon. Senators, I wish to announce the results as follows:-

Hon. Senators, I wish to announce the results as follows:-

Mr. Temporary Speaker, Sir, the response from the Ministry has not been received hence the reason why I am seeking your indulgence up to Tuesday, next week.

Mr. Temporary Speaker, Sir, I would appreciate his concerns about the statement. It is a rather strange that the question is so simple and requires only the supplies of a fertilizer and certified seeds. You notice that the rains are setting in and farmers are already to plant. The Ministry of Agriculture, Livestock and Fisheries should have known the rains are coming. So, why should we wait for the response to be brought here next week? Initially, it was even said that the question was very urgent that it was given one week by the Speaker. That was last month. Could you intervene?

Chairperson, you appreciate the

entire statement tomorrow. I, therefore, direct that this appears on the Order Paper for tomorrow’s sitting.

Mr. Temporary Speaker, Sir, I am ready with the statement and I beg to respond.

Very well, but Sen. Njoroge is not in.

Mr. Temporary Speaker, Sir, I wish you could allow me to read this statement because the interest on this matter was not only for Sen. Njoroge. It is a matter that has been discussed nationally as a matter of national interest. The statement I have here touches not on the interest of Sen. Njoroge alone. If I read it, it will inform the entire House on a very important matter of my Committee about why this kind of water works are necessary to be done where they have been done, elsewhere in the world and how Kenya stands to benefit. I beseech you to allow this statement to be read using your discretion under Standing Order No.1.

On a point of order, Mr. Temporary Speaker, Sir. I plead with you that you do not allow the statement to be read for the important reason that is a very sensitive matter and the person who demanded for it is not here. It will require that he requests for further clarifications, if need be. Let us not deviate from the standard practice. I request that you defer it one more time.

Mr. Temporary Speaker, Sir, this matter was discussed in this House. That is why in my further statement, I am having supplementary answers which were sought on the Floor of the House on the same matter. That means it supersedes the kind of answer that comes in the first instance.

I appreciate the position being advanced by the Chairperson that this is a matter of national importance. However, we have had a tradition in this House where we give a chance to the Senator who sought the statement and we have always deferred to give room and accommodate Senator who sought the statement. Balancing the two positions, I direct that this statement be issued tomorrow with or without the presence of the Senator. I hope that Sen. Njoroge will be informed accordingly that this statement will be issued tomorrow afternoon.

Thank you, Mr. Temporary Speaker, Sir. I have already dispensed with that issue.

On a point of order, Mr. Temporary Speaker, Sir. Order. I have already dispensed with that issue unless it is on a different one.

On a point of order, Mr. Temporary Speaker, Sir. I agree with you and I thank you. However, I request that you add a proviso that in the event that Sen. Njoroge is travelling on an official business, then that be put into consideration. As

Chairperson, you have not said anything with regard to why you need more time neither have you given us the progress.

business.

As pointed out by the Chairperson, this was a matter that this House adjourned to discuss. Therefore, it underscores the importance and the sensitivity of this matter. I, therefore, direct that the Statement be issued tomorrow.

Mr. Temporary Speaker, Sir, I would appreciate his concerns about the statement. It is a rather strange that the question is so simple and requires only the supplies of a fertilizer and certified seeds. You notice that the rains are setting in and farmers are already to plant. The Ministry of Agriculture, Livestock and Fisheries should have known the rains are coming. So, why should we wait for the response to be brought here next week? Initially, it was even said that the question was very urgent that it was given one week by the Speaker. That was last month. Could you intervene?

Chairperson, you appreciate the

Mr. Temporary Speaker, Sir, I was in the House last week when the Chair of the Committee on Education wriggled us about the situation of this Statement. If I recall, the Chair told us that he went into the Office of the Cabinet Secretary and saw the Statement. The only thing that was missing was a signature.

In the debate that ensued, we pressed the Chairs of the Committees - we revisited the concept - that parliamentary business and requests from Parliament should take precedence over other things like going round examination centres like an invigilator.

Mr. Temporary Speaker, Sir, is the Chairman in order to keep this House again in suspense for an indefinite period? What appears to be the case is that we will not get the Statement before the exams are completed. Can the Chair be a little bit precise and tell us when he expects to deliver the Statement? Is the Cabinet Secretary in order to keep this House waiting and in suspense just because of the examinations that we knew will be expected around this time?

November 8, 2016 SENATE DEBATES NORTHERN CORRIDOR WATER COLLECTOR TUNNEL

Mr. Temporary Speaker, Sir, the last time we received a Statement from the Ministry of Education, Science and Technology, it was signed by one Prof. Collete Suda, who is the Principal Secretary, State Department of Higher Education in the Ministry of Education, Science and Technology. It was read and accepted in this House. Under these circumstances as well, the Cabinet Secretary is not the only one who can sign the Statement, it can be signed by the Principal Secretary like it has been done before.

The Chairman should not belabour so much and chase around the Cabinet Secretary who is doing a wonderful job. He is making sure that the examinations are properly conducted in the country. Therefore, we should accept the Statement from another officer.

Thank you.

Mr. Temporary Speaker, Sir, I wish you could allow me to read this statement because the interest on this matter was not only for Sen. Njoroge. It is a matter that has been discussed nationally as a matter of national interest. The statement I have here touches not on the interest of Sen. Njoroge alone. If I read it, it will inform the entire House on a very important matter of my Committee about why this kind of water works are necessary to be done where they have been done, elsewhere in the world and how Kenya stands to benefit. I beseech you to allow this statement to be read using your discretion under Standing Order No.1.

On a point of order, Mr. Temporary Speaker, Sir. I plead with you that you do not allow the statement to be read for the important reason that is a very sensitive matter and the person who demanded for it is not here. It will require that he requests for further clarifications, if need be. Let us not deviate from the standard practice. I request that you defer it one more time.

Mr. Temporary Speaker, Sir, all the officers in the department, including Prof. Collete Suda are involved in the supervision of examinations. She has not been in the office the whole of last week. This week, she will still not be there. The Principal Secretaries have been dispatched to various destinations to ensure that the examinations are properly conducted.

If the Chair allows me to continue visiting the Ministry until I get it signed, I will tell the House when it is ready. I am also in desperation. Kindly make a ruling.

So, is your position that the Statement is ready?

Mr. Temporary Speaker, Sir, not even a Statement but Statements. There are others, for instance, Statement (d). They are ready but there is no one to sign.

Mr. Temporary Speaker, Sir, last week, there was a ruling by the Speaker that the Statement should be issued today notwithstanding the fact that it was lying in the Cabinet Secretary’s desk or that he was away. The Chair made a ruling that the Statement should be produced. If the ruling is not complied with, my concern will be that, this is a Statement querying the relocation of the Kenya Technical Training College. I wonder whether the relocation has been put on hold because of the examinations, the same way the Statement has not been signed.

If the examinations takes a month and the relocation exercise goes on, then this request for a Statement will be an exercise in futility. I humbly request that you rule that the Statement be issued tomorrow. The Ministry of Education, Science and Technology has got various officials and it cannot be that the business of the Senate can be held at ransom because of an exercise that we were certain about just like delivery after pregnancy. We knew that the examinations would be held around this time.

Mr. Temporary Speaker, Sir, can you compel the Chair to produce this Statement tomorrow even if it means looking for the Cabinet Secretary in a school in Nyacheki where he may be tomorrow?

Chair, you were reminded by the Speaker last week that we are living in a digital age. The Cabinet Secretary’s signature irrespective of where he is can be obtained. You do not expect this House to wait for the Cabinet Secretary to be in the office. If he takes the entire examination period in the field, the business of this House cannot wait.

This is the same Ministry that is digitalizing learning in our schools by providing laptops and iPads. I am sure the same Cabinet Secretary can find one of the laptops and use it to send his electronic signature to the office.

I, therefore, direct that this Statement be issued on Thursday this week. So, the Chairman should proceed to advise the Ministry. As the Chairperson of the Committee on Education, advise the Cabinet Secretary that a signature can be electronically available in the office when he is out in the field.

The Statement will be issued on Thursday this week. Much obliged, Mr. Temporary Speaker, Sir.

However, it is important to note that the Senator who sought the Statement is not in the House. I hope that this has not confused Sen. M. Kajwang since you share one name. Kindly, confirm that you did not share the second name. Therefore, this was a statement sought by Sen. Moses Wetangula and not Sen. Moses Kajwang.

Mr. Temporary Speaker, Sir, the Senator who sought the statement is not here and I am not sure whether he will be there on Thursday. Do I continue chasing the Cabinet Secretary for Education in desperation?

Sen. Karaba, this is a statement that was sought on the Floor of this House. As we have always agreed, it becomes the property of the House. The fact that Sen. Wetangula is not in the House today does not mean that he will not be in the House on Thursday. Therefore, you are completely out of order to insinuate that he might not be in the House on Thursday. Do your job and get the statement.

Thank you, Mr. Temporary Speaker, Sir. Last week, I was asked by the Speaker to issue the statement which was requested by Sen. Bule today at

Mr. Temporary Speaker, Sir, I was in the House last week when the Chair of the Committee on Education wriggled us about the situation of this Statement. If I recall, the Chair told us that he went into the Office of the Cabinet Secretary and saw the Statement. The only thing that was missing was a signature.

In the debate that ensued, we pressed the Chairs of the Committees - we revisited the concept - that parliamentary business and requests from Parliament should take precedence over other things like going round examination centres like an invigilator.

Mr. Temporary Speaker, Sir, is the Chairman in order to keep this House again in suspense for an indefinite period? What appears to be the case is that we will not get the Statement before the exams are completed. Can the Chair be a little bit precise and tell us when he expects to deliver the Statement? Is the Cabinet Secretary in order to keep this House waiting and in suspense just because of the examinations that we knew will be expected around this time?

Mr. Temporary Speaker, Sir, the situation is that I have been there too and someone was there this morning. The Statement is ready but the officer to sign is not there. That is the position. The answer I got is that the Cabinet Secretary is going round to check on how the examinations are being conducted. I do not know what else I can do. What do we do next?

Mr. Temporary Speaker, Sir, the last time we received a Statement from the Ministry of Education, Science and Technology, it was signed by one Prof. Collete Suda, who is the Principal Secretary, State Department of Higher Education in the Ministry of Education, Science and Technology. It was read and accepted in this House. Under these circumstances as well, the Cabinet Secretary is not the only one who can sign the Statement, it can be signed by the Principal Secretary like it has been done before.

The Chairman should not belabour so much and chase around the Cabinet Secretary who is doing a wonderful job. He is making sure that the examinations are properly conducted in the country. Therefore, we should accept the Statement from another officer.

Thank you.

Mr. Temporary Speaker, Sir, all the officers in the department, including Prof. Collete Suda are involved in the supervision of examinations. She has not been in the office the whole of last week. This week, she will still not be there. The Principal Secretaries have been dispatched to various destinations to ensure that the examinations are properly conducted.

If the Chair allows me to continue visiting the Ministry until I get it signed, I will tell the House when it is ready. I am also in desperation. Kindly make a ruling.

So, is your position that the Statement is ready?

Mr. Temporary Speaker, Sir, not even a Statement but Statements. There are others, for instance, Statement (d). They are ready but there is no one to sign.

Mr. Temporary Speaker, Sir, last week, there was a ruling by the Speaker that the Statement should be issued today notwithstanding the fact that it was lying in the Cabinet Secretary’s desk or that he was away. The Chair made a ruling that the Statement should be produced. If the ruling is not complied with, my concern will be that, this is a Statement querying the relocation of the Kenya Technical Training College. I wonder whether the relocation has been put on hold because of the examinations, the same way the Statement has not been signed.

If the examinations takes a month and the relocation exercise goes on, then this request for a Statement will be an exercise in futility. I humbly request that you rule that the Statement be issued tomorrow. The Ministry of Education, Science and Technology has got various officials and it cannot be that the business of the Senate can be held at ransom because of an exercise that we were certain about just like delivery after pregnancy. We knew that the examinations would be held around this time.

Mr. Temporary Speaker, Sir, can you compel the Chair to produce this Statement tomorrow even if it means looking for the Cabinet Secretary in a school in Nyacheki where he may be tomorrow?

Chair, you were reminded by the Speaker last week that we are living in a digital age. The Cabinet Secretary’s signature irrespective of where he is can be obtained. You do not expect this House to wait for the Cabinet Secretary to be in the office. If he takes the entire examination period in the field, the business of this House cannot wait.

This is the same Ministry that is digitalizing learning in our schools by providing laptops and iPads. I am sure the same Cabinet Secretary can find one of the laptops and use it to send his electronic signature to the office.

I, therefore, direct that this Statement be issued on Thursday this week. So, the Chairman should proceed to advise the Ministry. As the Chairperson of the Committee on Education, advise the Cabinet Secretary that a signature can be electronically available in the office when he is out in the field.

The Statement will be issued on Thursday this week. Much obliged, Mr. Temporary Speaker, Sir.

However, it is important to note that the Senator who sought the Statement is not in the House. I hope that this has not confused Sen. M. Kajwang since you share one name. Kindly, confirm that you did not share the second name. Therefore, this was a statement sought by Sen. Moses Wetangula and not Sen. Moses Kajwang.

Mr. Temporary Speaker, Sir, the Senator who sought the statement is not here and I am not sure whether he will be there on Thursday. Do I continue chasing the Cabinet Secretary for Education in desperation?

Sen. Karaba, this is a statement that was sought on the Floor of this House. As we have always agreed, it becomes the property of the House. The fact that Sen. Wetangula is not in the House today does not mean that he will not be in the House on Thursday. Therefore, you are completely out of order to insinuate that he might not be in the House on Thursday. Do your job and get the statement.

Thank you, Mr. Temporary Speaker, Sir. Last week, I was asked by the Speaker to issue the statement which was requested by Sen. Bule today at

Mover is not present. So, we defer it.