October 19, 2016 SENATE DEBATES Wednesday, 19th October, 2016

Mr. Speaker, Sir, on behalf of the Chairperson of the Standing Committee on Justice and Legal Affairs, I beg to lay the following Paper on the Table of the Senate today, Wednesday 19th October, 2016:-

Report on the Regional Colloquium of African Ombudsman Institutions, 2015.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Wednesday 19th October, 2016:-

Traffic Minor Offences Rules, 2016.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday 19th October, 2016:-

October 19, 2016 SENATE DEBATES PREPAREDNESS FOR A SINGLE TOURIST VISA

The following Bills were read the First Time:-

I do not see the Chairperson of the Standing Committee on Lands and Natural Resources.

Mr. Speaker, Sir, the Statement is ready, but my Committee clerk is at the Office of the President waiting for it to be signed. I request to be given an opportunity to issue it once it is here.

The Senate Minority Leader (Sen. Wetangula) : On a point of order, Mr. Speaker, Sir. The Order Paper designates every issue to come at its time. This is Statement Time and the matter is extremely urgent and very serious. There would be absolutely no excuse for the distinguished Senator to say that somebody is waiting for the Statement to be signed and she will issue it when it comes. There is no guarantee that you will be sufficiently magnanimous to go back to Statements after you have called another Order.

Yesterday, after we raised the concerns about the people at the gate, I learnt that on Saturday afternoon one of those women at the gate gave birth and our orderlies were on hand to help. This Government cannot be that callous against its own people. If these people left Kenya for Uganda, where were their parcels of land? Where were the

On a point of order, Mr. Speaker, Sir. The Order Paper designates every issue to come at its time. This is Statement Time and the matter is extremely urgent and very serious. There would be absolutely no excuse for the distinguished Senator to say that somebody is waiting for the Statement to be signed and she will issue it when it comes. There is no guarantee that you will be sufficiently magnanimous to go back to Statements after you have called another Order. Yesterday, after we raised the concerns about the people at the gate, I learnt that on Saturday afternoon one of those women at the gate gave birth and our orderlies were on hand to help. This Government cannot be that callous against its own people. If these people left Kenya for Uganda, where were their parcels of land? Where were the

not be taken back to their homes? This is a very serious matter. This Parliament does not act in vain; neither does it wait for any Government office to sign a Statement and send it when we are going on with the proceedings.

I do, but why flog a dead horse? The gracious Senator only asked for a bit of time. The Statement is ready and awaiting a signature. My understanding is that before the end of the day, the Statement will come and I will grant an opportunity for it to be issued and then you can raise all those issues. The Senate Minority Leader (

On a point of order, Mr. Speaker, Sir. I just want to ask my colleague under what Standing Order that is provided.

What is it Sen. Kagwe?

Mr. Speaker, Sir, I am with Sen. Wetangula in waiting for the other Statement.

Mr. Speaker, Sir, I know you have made a ruling on that issue, but it is really an eyesore to have those people at the gate for many days. I am wondering why your orderlies assisted one of them to give birth. We have women who could have assisted the women who gave birth at the gate.

Order, Sen. Kittony. Why are you imagining that all orderlies are men?

Mr. Speaker, Sir, I am with Sen. Wetangula in waiting for the other Statement.

Mr. Speaker, Sir, I know you have made a ruling on that issue, but it is really an eyesore to have those people at the gate for many days. I am wondering why your orderlies assisted one of them to give birth. We have women who could have assisted the women who gave birth at the gate.

Order, Sen. Kittony. Why are you imagining that all orderlies are men?

Vice Chair.

On a point of order, Mr. Speaker, Sir. I sympathise with the Vice Chair but my concern is one that goes beyond there. It is a matter of security. I understand the concerns of the people camping at the gate but we are also living in very dangerous times. These are times when people can pretend that they are part and parcel of the refugee individuals camping out there and cause grave and dangerous harm to this august House, Members of Parliament (MPs) and staff of this institution.

Therefore, even as we discuss this and the status of what is going to happen to those individuals, can we address this matter also as a security concern to Parliament but not just look at it as a question of the United Nations High Commissioner for Refugees (UNHCR) doing their job?

The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, I do not know whether you heard what the distinguished Vice Chair said. The Executive is accountable to Parliament. When an issue is raised in this House or any other House, it is demeaning for the Vice Chair of a committee to go and queue in the Office of a CS up to 5.30 p.m. when we have channels of communication through our officers sitting here. Has accountability to Parliament diminished?

Be that as it may, yesterday, the distinguished Sen. Adan told this House that even as she was planning to bring a statement today, something was going to be done by the Government to remove those returnees from the gate of Parliament. To date, nothing has happened. We do not want to cite examples of very unpleasant events that have happened in the same manner in comparable jurisdictions because I am sure we know.

Those Kenyans – returnees from Uganda – have now been at that gate for more than a week. Is it so uncaring that this Government cannot even take those people to a holding ground where they can get facilities such as water, toilets, food and other basic amenities, bearing in mind that a woman among them delivered a baby at the gate? We are still being told that a Statement is awaiting a signature from a CS who of late has become very arrogant that he spends all his time warning everybody instead of working.

Mr. Speaker, Sir, I agree that this is a very grave matter. I made inquiries on the whole issue about those people being out there. The information I have is

Mr. Speaker, Sir, let me confirm to this House that yesterday, I promised that I was going to give an answer to this particular Statement. Immediately after that, I went to the Office of the President (OP) and I was there up to around 5.30

challenge is that they were not given the same amount in terms of allocation; the Kshs410,000 that was being allocated to IDPs.

This is simply because some of them were facilitated by the UNHCR. From last week up to yesterday, there were negotiations going on in terms of how the issues should be handled. The request that was made by the OP is that at least three of them can be left behind and the rest go back to their homes so that their issues can be dealt with but they refused.

Mr. Speaker, Sir, there are rights of individuals that need to be protected. I have raised the concern of security and I am informed---

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

Mr. Speaker, Sir, I do not know whether you heard what the distinguished Vice Chair said. The Executive is accountable to Parliament. When an issue is raised in this House or any other House, it is demeaning for the Vice Chair of a committee to go and queue in the Office of a CS up to 5.30 p.m. when we have channels of communication through our officers sitting here. Has accountability to Parliament diminished? Be that as it may, yesterday, the distinguished Sen. Adan told this House that even as she was planning to bring a statement today, something was going to be done by the Government to remove those returnees from the gate of Parliament. To date, nothing has happened. We do not want to cite examples of very unpleasant events that have happened in the same manner in comparable jurisdictions because I am sure we know. Those Kenyans – returnees from Uganda – have now been at that gate for more than a week. Is it so uncaring that this Government cannot even take those people to a holding ground where they can get facilities such as water, toilets, food and other basic amenities, bearing in mind that a woman among them delivered a baby at the gate? We are still being told that a Statement is awaiting a signature from a CS who of late has become very arrogant that he spends all his time warning everybody instead of working.

Mr. Speaker, Sir, I agree that this is a very grave matter. I made inquiries on the whole issue about those people being out there. The information I have is

challenge is that they were not given the same amount in terms of allocation; the Kshs410,000 that was being allocated to IDPs.

This is simply because some of them were facilitated by the UNHCR. From last week up to yesterday, there were negotiations going on in terms of how the issues should be handled. The request that was made by the OP is that at least three of them can be left behind and the rest go back to their homes so that their issues can be dealt with but they refused.

Mr. Speaker, Sir, there are rights of individuals that need to be protected. I have raised the concern of security and I am informed---

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

What is it Sen. Bule?

Mr. Speaker, Sir, the Vice Chair has said that the people who are suffering at our gate have homes. If they have homes, what are they doing there? This issue is very serious and it endangers us. Sen. Wetangula said that it endangers our lives and that is true. Those people have been here for two weeks yet nothing serious is happening.

Order, Sen. Bule. What is your point of order?

My point of order is that the Vice Chair is cheating because she is not telling us the truth.

Order, Sen. Bule. “Cheating” is un-parliamentary. Proceed, Vice Chair.

Mr. Speaker, Sir, I have raised concern about insecurity but unfortunately they cannot be forced out of this place because that will also amount to violation of their rights. The Ministry is doing something and I kindly request Members to give me some time so that I get what the OP has put together so that the issue is resolved.

Thank you.

Hon. Members, there is no Statement before us and so, I really do not know what you are interrogating. I allowed a lot of time for the concerns to be raised the moment the Senate Minority Leader raised the Statement. The concerns have been raised and therefore, let us wait for the Statement and then interrogate those concerns on the basis of what the Government would have decided. That will be more useful than just giving views that are taking us nowhere.

On a point of order, Mr. Speaker, Sir. I am not going to get into the content because, as you said, there is no Statement.

However, I would like to seek your guidance on procedure. Are committees supposed to be conveyor belts for the Executive? This is because the Vice Chair of the Committee, Sen. Adan, said that the Statement is awaiting a signature somewhere. She has not seen it and it has not come back to the Committee. Therefore, she does not know whether it satisfactorily responds to the issues raised by the Senate Minority Leader. So, should Chairpersons of committees be messengers who run to CSs for statements and bring them to the House without any interrogation by the committees?

Mr. Speaker, Sir, there are three issues which have come out strongly. First, the CS has no respect for whatever we have requested him to do.

Wetangula said that it is a very grave issue and a serious threat to our lives and to Parliament as a whole. We need your guidance on that because this is a very serious issue.Could you send one of your clerks to go and see whether the other clerk is still there and whether the CS has refused to sign the Statement?

Mr. Speaker, Sir, I was not aware that there was dancing.

Mr. Speaker, Sir, I agree with you that there is no Statement to the extent that the Vice Chair has not read a Statement to the House.However, she has also made very categorical statements from where she sits. First, she has said that those people have homes. Secondly - it is erroneous in law - she has said that because they have rights, they cannot be removed from the gate. I do not know what law applies there. There is no law that says that you can become a nuisance, pose a security risk or endanger the lives of children and women simply because you have rights. Rights are subordinate to other rights.If the extempore statement made by the good Vice Chair is anything to go by, then we have enough facts to continue to interrogate this matter. The question we are asking is very simple; is it very difficult for the Government to get a holding ground away from the gate of Parliament and take those Kenyans there, provide them with food, some security, some water and any other facilities that require people to lead a near decent life? Is it very difficult for the Government to do that?

Mr. Speaker, Sir, I have just talked to the clerk. The Statement is ready and he is on his way coming with it. So, I will be able to issue it any time.

Order, Members! To satisfy Sen. Wetangula, this is a House of records. You cannot push the Vice Chairperson so hard to the extent that she just had to turn her back against the wall, try to respond to you and then hold that against her. The Senate Minority Leader (

Oh! That is not a party. It is something else.

A

On a point of order, Mr. Speaker, Sir. Order! Not on this one. We will proceed. Sen. Bule, your Statement?

Order, Sen. Mutula Kilonzo Jnr.! You have just joined the party and you cannot extend it.

Mr. Speaker, Sir, I was not aware that there was dancing.

On a point of order, Mr. Speaker, Sir. Yesterday, I heard the Cabinet Secretary (CS) , Ministry of Devolution and Planning read a list of counties that have suffered. Over the weekend, I went to the border of West Pokot, Turkana, Samburu and Baringo counties. They are equally devastated. I am surprised that there is a shortlist.

Mr. Speaker, Sir, it is a humanitarian crisis that I thought ---

Order, Senator! If your idea of a party involves dancing, not all parties ---

named, he quickly narrowed on a few.

Could the Chairperson go and insist that we get the true position of counties that are suffering in the country?

Chairperson, you will need to consider that as part of your response.

I had closed until you rose on a point of order, which I will now allow.

The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, thank you. The weathermen have said that there is going to be prolonged drought in the country. Even in the traditional rain-secure areas, we also have very severe pockets of very harsh climate, dry zones and sometimes even semi-arid and arid areas.

In bringing a Statement, I would want to ask the Chairperson not to limit himself to the counties enumerated by the distinguished Senator for Tana River County but to give us a whole country profile on where there is severe water stress and its impact on the population. I know places like Kieni Constituency in Nyeri County is an Arid and Semi- Arid Land (ASAL) . I know ---

Order, Senator! Are you responding to your own statement? We have said that he brings all of them and then you start citing.

The Senate Minority Leader (Sen. Wetangula) : Mr. Speaker, Sir, all of them. Including but not limited to the ones that Sen. Bule enumerated.

Mr. Speaker, Sir, in addition to the information that Sen. Bule has raised, is it also possible for the Chairperson to add information regarding the policy and strategy for disaster management that they intend to put in place, particularly if it is true that the weather will continue to deteriorate for a while.

Could he also include in that Statement action as regards human beings and possible action as regards animals, particularly, those of nomadic areas?

Mr. Speaker, Sir, one of the counties that were mentioned in the list is Makueni. May I know from the Chair whether the Cabinet Secretary can confirm that the contingency budget that was set aside this year is enough to cater for what they have described as one of the worst droughts that we will experience? This is in light of the last budget that was made for the purported flood which money we know never got to the intended recipients because of the floods. This is a matter that is of concern to the public.

It is so ordered.

interesting scenarios where we do not have a disaster management policy, an Act of Parliament or a mechanism.

Mr. Speaker, Sir, when will the national Government implement the disaster policy that has been pending since 2013?

Mr. Speaker, Sir, exactly. So, you went to assess which situation?

Mr. Speaker, Sir, that is where I am coming to in a few minutes. The students that we saw are living from nothing to nothing. They are suffering because some of the manyattas where they live have no food. The schools that we visited have no food and they are closing yet the exams are around the corner. We are asking that the Statement be brought quickly so that some of the schools which are about to close remain open. It is pathetic!

Order Sen. Karaba!

On a point of order, Mr. Speaker, Sir. Have you closed Sen. Bule’s Statement? I wanted to add something.

I had closed until you rose on a point of order, which I will now allow. The Senate Minority Leader (

Mr. Speaker, Sir, Sen. Boy Juma Boy has said what I wanted to say. However, I will add that Kitui County should be included because I was recently there and I saw it is doing badly.

With regard to the first aid, we should know the special mechanisms which have been put in place to handle the vulnerable; particularly expectant women and young children who deserve immediate support during this dry season.

So ordered.

Mr. Speaker, Sir, all of them. Including but not limited to the ones that Sen. Bule enumerated.

Mr. Speaker, Sir, in addition to the information that Sen. Bule has raised, is it also possible for the Chairperson to add information regarding the policy and strategy for disaster management that they intend to put in place, particularly if it is true that the weather will continue to deteriorate for a while.

Could he also include in that Statement action as regards human beings and possible action as regards animals, particularly, those of nomadic areas?

Mr. Speaker, Sir, one of the counties that were mentioned in the list is Makueni. May I know from the Chair whether the Cabinet Secretary can confirm that the contingency budget that was set aside this year is enough to cater for what they have described as one of the worst droughts that we will experience? This is in light of the last budget that was made for the purported flood which money we know never got to the intended recipients because of the floods. This is a matter that is of concern to the public.

interesting scenarios where we do not have a disaster management policy, an Act of Parliament or a mechanism.

Mr. Speaker, Sir, when will the national Government implement the disaster policy that has been pending since 2013?

of approved banks in June 2011. An initial investment limit of Kshs500 million was imposed but this limit was reviewed in subsequent years. By June 2015, the approved limit for Imperial Bank Limited was Kshs3 billion. At the time Imperial Bank Limited was placed under receivership on 13th October, 2015, KTDA had invested a total of Kshs27.61 Billion in 12 different banks.

The money was accumulated for the planned payment of farmers’ final payment for 2014/2015 Financial Year. The payment was due on 23rd October, 2015.

Mr. Speaker, Sir, we are provided with a breakdown of 12 banks and the amounts of money that had been placed in them as deposits totaling to Kshs27.614 billion.

Mr. Speaker, Sir, by spreading cash sales with different banks, KTDA mitigates the concentration risks through diversification of investments across several banks. The amount held in each bank is based on interest rate competitiveness at the time the deposit is invested subject to the limit for each bank.

Over the years, Imperial Bank Limited had recorded significant growth in both assets and profitability. At the close of 2014 Financial Year, with a balance sheet of Kshs57 billion and profitability of Kshs2.69 billion, there were no reasons to doubt the bank’s performance.

The bank was ranked number 17 in asset base, out of 43 banks in Kenya, there were no adverse regulatory reports and it continued being licensed by the regulator; the Central Bank of Kenya (CBK).

Mr. Speaker, Sir, Chase Bank was approved to join the Kenya Tea Development Agency (KTDA) panel of commercial banks in June 2012 and an initial investment limit of Kshs1 billion was placed. By June 2015, the investment limit for Chase Bank had been pushed upwards to Kshs5 billion.

However, in February, it was reviewed downwards to Kshs2 billion after Imperial Bank went into receivership. At the time Chase Bank Limited was placed under receivership on 7th April 2016, KTDA had invested Kshs1.928 billion.

As at that point in time, KTDA had a total of Kshs21.53 billion invested in 10 different banks with the highest amount being with Cooperative Bank of Kenya Limited at Kshs5.9 billion. KTDA mitigated against concentration risks through diversification of investments across a number of financial institutions.

With regard to the value from the investments in Imperial Bank and Chase Bank Limited, I want to summarise as follows: Over five years during which deposits were placed at Imperial Bank, KTDA made a gross interest income of Kshs383million and Kshs301 million from Chase Bank which was about Kshs684 million from investments in those banks. KTDA investments generate high returns which contribute to the farmers’ income pay out as part of the annual bonus.

The other question was for me to explain the steps taken by KTDA to prevent possible loss of farmers’ money held in various commercial banks, especially following the closure and placement of the two banks under receivership.

Mr. Speaker, Sir, KTDA has approved 15 banks. These banks were approved by the Board of KTDA. You will notice that there are 43 licensed banks, but only 15 banks were approved by the KTDA Board. Therefore, current investments reflect money being accumulated to pay current year bonus to tea farmers and spreading investments to

Mr. Speaker, Sir, exactly. So, you went to assess which situation?

receiverships.

My explanation as to the impact of the deposits held on the ability of KTDA to pay bonuses to tea farmers this year and in the future; I would say thus: Imperial Bank went into receivership on 13th October 2015 just before KTDA released the farmers bonus of Kshs27.62 billion of which Kshs2.93 billion was in Imperial Bank. The KTDA was able to pay the farmers using borrowings and reallocations of funds set aside for other projects. Chase Bank has now locked in Kshs1.9 billion. It is hoped that since it has been reopened, the money will be available to pay small scale tea farmers. However, if it is not available, KTDA group may have to again rely on borrowings to get the amount to pay the farmers.

Overall, the Government expects to meet farmers’ payments as they fall due, especially so if no other bank among other listed banks is placed under receivership.

Order Sen. Karaba!

Asante sana Bw. Spika. Naunga mkono Statement ambayo imeulizwa na Sen. Bule. Kaunti ya Kwale imetajwa na ningependa Mwenyekiti atueleze hatua za dharura ambazo zimepangwa kuhakikisha kwamba wanadamu na Wanyama hawaathiriki. Kuna hatua za mwanzo kabla daktari achukue hatamu.Hatua za mwanzo ni zipi?

Asante.

Mr. Speaker, Sir, as the Chair addresses the mitigation sought by Sen. Bule, we should also be told how much food is in our strategic grain reserve. We should also know whether some money has been set aside to purchase the livestock in those areas instead of leaving them to die.

Could the Chair confirm whether it is true that stores in other areas like Kuria in Migori County are full of maize and farmers are complaining that they have nowhere to store their harvest?

Mr. Speaker, Sir, Sen. Boy Juma Boy has said what I wanted to say. However, I will add that Kitui County should be included because I was recently there and I saw it is doing badly.

With regard to the first aid, we should know the special mechanisms which have been put in place to handle the vulnerable; particularly expectant women and young children who deserve immediate support during this dry season.

So ordered.

October 19, 2016 SENATE DEBATES VISITING DELEGATION FROM MIANGENI INTERNATIONAL ACADEMY, MAKUENI COUNTY

Mr. Temporary Speaker, Sir, we are aware that tea farmers in all tea growing areas have expressed a strong dissatisfaction regarding the low rates of bonus payments made. Some of these farmers have expressed their anger by burning the homes of the directors of their tea factories. Other groups have boycotted tea picking. As a result, some of the factories are grinding to a halt. Could the low payments be attributed to the fact that the money locked up in the collapsed banks was not available for distribution to the farmers?

Secondly, the Acting Chairperson has told us that the banks involved were well rated by the regulator, which is the Central Bank of Kenya (CBK) . What action has the KTDA taken against the regulator who misled them into depositing this money into those collapsed banks?

Thank you, Mr. Speaker, Sir. I rise to respond to the request for a Statement by Sen. (Prof.) Lesan. He wanted to know the status of farmers’ money placed by the Kenya Tea Development Agency (KTDA) in fixed accounts in troubled banks.

This Statement was circulated to Members yesterday. It is fairly detailed and, therefore, you will allow me to skip the background information and go straight to the questions and the responses because Members have the copies.

Mr. Speaker, Sir, the Senator wanted to know how much money is held in fixed deposit accounts in Imperial Bank Limited and Chase Bank Limited and their terms.

The response is as follows:- As at 13th October, 2015, when Imperil Bank Limited was placed under receivership, KTDA had Kshs2.926 billion as deposits. As at 7th April, 2016, when Chase Bank Limited was put under receivership, KTDA had Kshs1.9228 billion. The total amount in the two banks was Kshs4,854,679, 692.

The Second question was on the history of the investment in Imperial Bank Limited.

What is your clarification?

On a point of order, Mr. Temporary Speaker, Sir. I want to seek a clarification. There is a procedure where the first question is usually next to the question.

Order! You stood on a point of order and I expect you to have a point of order. If not, press the other button. Meanwhile let us listen to Sen. (Prof.) Lesan.

Thank you, Mr. Temporary Speaker, Sir. First, I want to thank the Chairperson of the Committee on Agriculture for the answer that he has given. However, I want to express the dissatisfaction with this answer because at the end of this, the very same farmers that we are representing here are not convinced at all that they are just about to get to their lost billions.

This payment for farmers which is referred to as bonus is only paid once after a very prolonged period of keeping the money elsewhere as the farmers continue to suffer. Farmers usually believe that their money is deposited somewhere, but they cannot access it. Their children are dropping out of schools because these bonuses which they were promised to be paid once a year are not forthcoming.

I would want to seek further clarification whether the KTDA management, in the light of those issues, can consider using their individual factories to make payments twice or even thrice in a year because this money is available.

Mr. Temporary Speaker, Sir, it has been mentioned that the money lost last year from Imperial Bank was still paid to the farmers after money was re-channelled from other projects or activities. In my view, I do know that KTDA has various activities that are bordering on illegalities. In fact, farmers are not participating in those activities. The KTDA is participating in other activities other than those spelt out in the agreement and have money stashed away elsewhere. I am afraid that these are avenues through which cartels siphon out farmers’ money.

investing farmers’ money in other activities other than selling the tea and giving the money to the farmers so they can do what they want with the money.

Mr. Temporary Speaker, Sir, I would also want the Chairman to clarify the rationale for keeping this money in certain banks or the sensitivity of Central Bank as to the safety of this money because Imperial Bank collapsed only four months after the Government was convinced that by having Kshs57 billion and making a turnover of Kshs2 billion, it was good enough to put in Kshs3 billion of farmers’ money. This money disappeared within three months.

I would like the Chairman to tell the farmers what the Central Bank will do as a result of its irresponsibility in advising that Imperial Bank was the best bank to keep farmers’ money which eventually disappeared. Can the Central Bank not stand as security or as surety for Imperial Bank and give the farmers its money and deal with Imperial Bank at a later stage?

Lastly, with regard to the projects which are carried out by the management of KTDA, there are subsidiary companies which are run by KTDA and unless these subsidiaries are managed properly, the Chairman should tell us of what benefit these subsidiaries are directly to the farmers.

The tradition, and, indeed,

Mr. Temporary Speaker, Sir, we are aware that tea farmers in all tea growing areas have expressed a strong dissatisfaction regarding the low rates of bonus payments made. Some of these farmers have expressed their anger by burning the homes of the directors of their tea factories. Other groups have boycotted tea picking. As a result, some of the factories are grinding to a halt. Could the low payments be attributed to the fact that the money locked up in the collapsed banks was not available for distribution to the farmers?

Secondly, the Acting Chairperson has told us that the banks involved were well rated by the regulator, which is the Central Bank of Kenya (CBK) . What action has the KTDA taken against the regulator who misled them into depositing this money into those collapsed banks?

Very well. Before we seek more clarifications, I have a Communication to make.

October 19, 2016 SENATE DEBATES VISITING DELEGATION FROM PORT REITZ SCHOOL, MOMBASA COUNTY

Hon. Senators, I wish to recognize the presence of visiting pupils and teachers from Port Reitz School, Changamwe Sub-county, Mombasa County seated at the Speaker’s Gallery.

In our usual tradition of receiving and welcoming visitors to the Parliament, I extend a warm welcome to them.

On behalf of the Senate, and my own behalf, I wish them a fruitful visit. Thank you.

Hold it. Let us finish with the interventions on welcoming the visitors.

Mr. Temporary Speaker, Sir, in welcoming the students from Changamwe, I would like to urge them not to wait to be nominated. They should fight like I contested with seven men. I am here as the only elected Senator living with disability.

Mr. Temporary Speaker, Sir, I take this opportunity to welcome the visiting school. As a Senator living with a disability, I am so happy. I have been wondering when I would see students living with disabilities visiting the Senate, but the day has come. I am happy and humbled.

I join my fellow Senators in welcoming them. I know the hardships they undergo as they pursue their education. We would like to give them moral support as leaders in the political wing, to ensure that they get quality education and compete for both appointive and elective positions.

Thank you, Mr. Temporary Speaker, Sir.

Very well. Indeed, disability is not inability. You have seen for yourself that the two Senators who are physically challenged are able Senators in this House.

Let us revert to our earlier programme.

Mr. Temporary Speaker, Sir, money has been banked in Imperial Bank to be invested in other projects elsewhere, yet the farmers have not even been consulted. Since the farmers have not been consulted, we should stop investment in the banks and pay them promptly because they are suffering.

Thank you, Mr. Temporary Speaker, Sir, for giving this chance to seek a clarification regarding the Statement that we have been given. My concentration is on part (e) of the Statement where we are told to take note that the analysis on page five demonstrates how the KTDA mitigated against concentration risk. Could we be provided with a matrix or analysis of the investment institutions that were taking care of farmers’ money? It is not just enough to tell us that by spreading out money to different banks, you have mitigated against risk. We expect that the KTDA would have gone further to check the books of some of these banks to find out their market capitalization and the risks---

Order! I appeal to Members to remain in the House because we have a few Motions to be voted on. We are exactly 24 Senators. We will go to that business immediately after this Statement.

money? Who was fired or resigned in view of such a bad decision?

Mr. Temporary Speaker, Sir, many questions have arisen out of this. I will not attempt to address the ones which are not in the answer. However, I will go straight to those which have been addressed in this statement. First, was money lost?

Order, Sen. M. Kajwang. You must be ready for supplementary questions. That is the tradition of this House. You cannot stick only to the questions that were asked earlier. Otherwise, I will be forced to defer the answer to a later time when you will be ready.

Mr. Temporary Speaker, Sir, considering that the House is going on recess, let me address the issues that have been raised. If not satisfactory, we can then seek to meet the Cabinet Secretary (CS) .

Very well.

Mr. Temporary Speaker, Sir, when Imperial Bank collapsed, Kshs2.9 billion was locked up in investments. The bank has not been revived. According to the Kenya Deposit Insurance Scheme, the KTDA was offered Kshs1million just like anybody else out of Kshs2.9 billion and this House has previously ventilated on this matter; that you cannot set a Kshs1 million compensation for all depositors irrespective of their amounts.

The Kshs2.9 billion held at Imperial Bank is still there. It is not lost, but it is not available to farmers. With regard to the Kshs1.9 billion that was held at Chase Bank, the bank has since re-opened. It is hoped that the KTDA will be able to access this deposit plus the interest and the interest will go directly to farmers. Nonetheless, in 2015 and

Mr. Temporary Speaker, Sir, in welcoming the students from Changamwe, I would like to urge them not to wait to be nominated. They should fight like I contested with seven men. I am here as the only elected Senator living with disability.

released the biggest pay out of Kshs44.72 billion to farmers. These payments have been made inspite of those deposits being locked in the commercial banks. The statement says that the KTDA has been able to achieve this through borrowing and re-allocation of funds from other projects. The worry is that if you borrow to pay bonus, then it means that you ultimately reduce profitability and the bonuses will be affected. It is not a desirable position to use borrowings to pay farmers.

There has been a question on why the KTDA would get into investments of this kind yet it is a farmers’ organization. It is the responsibility of the KTDA to maintain custody of sale proceeds from tea. When the money is received, the most prudent way of managing it is to keep it in a deposit where it can earn interest. From the statement, we have indicated that the KTDA has earned close to Kshs600 million in interest from their deposits in those banks. Who takes responsibility?

Mr. Temporary Speaker, Sir, the KTDA has a board that has got farmers representatives. On the question of whether farmers were consulted, the assumption is that their representatives would provide adequate representation of the views and sentiments of farmers. However, if any one should take responsibility, it would be the board because it is the one that approves the banks and sets the investment policy and advises management on how and where to put the funds.

The Central Bank of Kenya (CBK) cannot also escape blame because they are the ones responsible for regulation and providing prudential governance of the banking sector. It was difficult for the KTDA to know that Imperial or Chase bank was going to collapse since they relied on the balance sheet, profitability and the report that came from the CBK.

There was a query by Sen. Obure on the issues of low prices on tea. There are many reasons that this is attributed to, but take note that the KTDA has indicated that this year’s revenue of Kshs84 billion is the highest compared to the prior year which was Kshs63.5 billion. There has been an increase of 32.2 per cent in revenue that has been attributed to better price per kilo, good climate and a favourable forex regime. However, there are still cartels, for example, the East Africa Tea Trade auction which operates like a cartel. There are brokers in Mombasa who operate like an ethnic hegemony. It is extremely difficult to break into that. Therefore, farmers will not get the best prices irrespective of how good the rainfall or exchange rate is as long there are these cartels and capacity at the East Africa Tea Trade auction.

I hope that covers the questions that were raised.

What is it, Sen. Kagwe?

Thank you, Mr. Temporary Speaker, Sir, for giving this chance to seek a clarification regarding the Statement that we have been given. My concentration is on part (e) of the Statement where we are told to take note that the analysis on page five demonstrates how the KTDA mitigated against concentration risk. Could we be provided with a matrix or analysis of the investment institutions that were taking care of farmers’ money? It is not just enough to tell us that by spreading out money to different banks, you have mitigated against risk. We expect that the KTDA would have gone further to check the books of some of these banks to find out their market capitalization and the risks---

Order! I appeal to Members to remain in the House because we have a few Motions to be voted on. We are exactly 24 Senators. We will go to that business immediately after this Statement.

Mr. Temporary Speaker, Sir, it not just enough to tell us that by spreading money across different banks you have mitigated debt risk. We want to be provided with a table of analysis that the management of the KTDA went through to find out what the liquidity and market capitalization of some of these banks was and what the audit report from reputable audit institutions spoke of the status of these institutions before they decided to first admit them into the banking pool of the KTDA and secondly, pass on judgment that it was enough to put farmers’ money into those banks.

Mr. Temporary Speaker, Sir, many questions have arisen out of this. I will not attempt to address the ones which are not in the answer. However, I will go straight to those which have been addressed in this statement. First, was money lost?

Order, Sen. M. Kajwang. You must be ready for supplementary questions. That is the tradition of this House. You cannot stick only to the questions that were asked earlier. Otherwise, I will be forced to defer the answer to a later time when you will be ready.

Mr. Temporary Speaker, Sir, considering that the House is going on recess, let me address the issues that have been raised. If not satisfactory, we can then seek to meet the Cabinet Secretary (CS) .

Very well.

Mr. Temporary Speaker, Sir, when Imperial Bank collapsed, Kshs2.9 billion was locked up in investments. The bank has not been revived. According to the Kenya Deposit Insurance Scheme, the KTDA was offered Kshs1million just like anybody else out of Kshs2.9 billion and this House has previously ventilated on this matter; that you cannot set a Kshs1 million compensation for all depositors irrespective of their amounts.

The Kshs2.9 billion held at Imperial Bank is still there. It is not lost, but it is not available to farmers. With regard to the Kshs1.9 billion that was held at Chase Bank, the bank has since re-opened. It is hoped that the KTDA will be able to access this deposit plus the interest and the interest will go directly to farmers. Nonetheless, in 2015 and

released the biggest pay out of Kshs44.72 billion to farmers. These payments have been made inspite of those deposits being locked in the commercial banks. The statement says that the KTDA has been able to achieve this through borrowing and re-allocation of funds from other projects. The worry is that if you borrow to pay bonus, then it means that you ultimately reduce profitability and the bonuses will be affected. It is not a desirable position to use borrowings to pay farmers.

There has been a question on why the KTDA would get into investments of this kind yet it is a farmers’ organization. It is the responsibility of the KTDA to maintain custody of sale proceeds from tea. When the money is received, the most prudent way of managing it is to keep it in a deposit where it can earn interest. From the statement, we have indicated that the KTDA has earned close to Kshs600 million in interest from their deposits in those banks. Who takes responsibility?

Mr. Temporary Speaker, Sir, the KTDA has a board that has got farmers representatives. On the question of whether farmers were consulted, the assumption is that their representatives would provide adequate representation of the views and sentiments of farmers. However, if any one should take responsibility, it would be the board because it is the one that approves the banks and sets the investment policy and advises management on how and where to put the funds.

The Central Bank of Kenya (CBK) cannot also escape blame because they are the ones responsible for regulation and providing prudential governance of the banking sector. It was difficult for the KTDA to know that Imperial or Chase bank was going to collapse since they relied on the balance sheet, profitability and the report that came from the CBK.

There was a query by Sen. Obure on the issues of low prices on tea. There are many reasons that this is attributed to, but take note that the KTDA has indicated that this year’s revenue of Kshs84 billion is the highest compared to the prior year which was Kshs63.5 billion. There has been an increase of 32.2 per cent in revenue that has been attributed to better price per kilo, good climate and a favourable forex regime. However, there are still cartels, for example, the East Africa Tea Trade auction which operates like a cartel. There are brokers in Mombasa who operate like an ethnic hegemony. It is extremely difficult to break into that. Therefore, farmers will not get the best prices irrespective of how good the rainfall or exchange rate is as long there are these cartels and capacity at the East Africa Tea Trade auction.

I hope that covers the questions that were raised.

What is it, Sen. Kagwe?

Mr. Temporary Speaker, Sir, I asked for clarification regarding two things: -

Mr. Temporary Speaker, Sir, I had raised the question that the CBK which is the regulator for the banking sector misled the KTDA into believing that these banks were stable financially and, therefore, it took the decision to make deposits---

Order! Are you sure that information is shared by the acting Chairperson or it is your own belief? Where did you get it from?

Mr. Temporary Speaker, Sir, he said in his response that the CBK had given information to the effect that the banks were healthy and in so doing---

households that had not been cleared by the task force were transported along.

Mr. Temporary Speaker, Sir, on closure, a scrutiny of a list provided by the leaders of the returnees, there is discrepancy between the list provided by the leaders of the returnees and that held by the Government. It is suspected that either some of the returnees are not post election violence victims. They could be people out to benefit from the process. Alternatively, the returnees could have split families where children are presenting themselves as households yet they may be family members of those who have already been compensated among the 246.

The UNHCR is hoping that the Government will sort out the discrepancies to avoid a situation where some of the returnees take advantage of the process.

The other dilemma is that those who have been compensated are on the streets demanding for more compensation and assistance. If this is allowed, it means that the demands will never come to an end. A tripartite meeting held on Monday the 17th October, 2016, between the Government, the UNHCR and the leaders of returnees, agreed that the returnees leadership will work with the Government and the UNHCR to sort out the issues raised in their petition within two weeks. However, the returnees still insist on remaining along the road until a solution to their issues is found.

The Senate Minority Leader (Sen. Wetangula): Mr. Temporary Speaker, Sir, I belong to this Committee and I do sympathize with my Vice-Chairperson. This is the most incompetent answer that we have ever received on the Floor of this House. What we are being told is that the Government is unable to keep records, identify its own people and manage them. The statement discloses that the Government went to Uganda to ask them to come, but it is not prepared to settle them.

Could the Vice-Chairperson tell us how many of these people at the gate are from each of the areas of the country enumerated on page three. It is unlikely that some people from Western or Eldoret would come all the way to Nairobi to camp at the gate of Parliament. Sen. Wako can bear me witness on this.

All those confusing statements notwithstanding, what is the Government doing to get these people out of the gate of Parliament and settle them somewhere even as we struggle to identify who they are, where they came from, how they will be settled and whether they are passing off for further payment when they had already been paid. That is not out of the Government’s reach. Instead, we are being told that people came at the gate of Parliament and they insist on staying there until their issues are addressed. What kind of Government will this be?

Could the Vice-Chairperson tell us when these Kenyans will be taken to a decent place other than the shame of sleeping on the road at the gate of Parliament, not to mention the plight of children and women? There was even a case where a woman delivered a baby at the gate of Parliament.

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

What is your point of order, Sen. Mutula Kilonzo Jnr.? Press the other button if you want to seek a clarification.

Meanwhile, we will listen to Sen. (Prof.) Anyang’-Nyong’o.

Mr. Temporary Speaker, Sir, I want to ride on to what the Senate Minority Leader has said. There must be a security system in this country

Mr. Temporary Speaker, Sir, no one has been fired for making those investments. The person to take responsibility in a corporate governance structure would be the Board of Directors since it approves the panel of banks on the basis of information in public domain and that provided by the CBK.

The CBK continued to license Chase Bank and Imperial Bank and to rate them favourably amongst the 43 banks in Kenya. Therefore, the Board took a decision on the basis of information that was publicly available. If the Kshs2.9 billion held at Imperial bank was to be lost and any heads were to roll, they must start from the Board rather than from management that simply executes instructions and policies of the Board.

On the question of centralization and why the KTDA holds the funds; yes, there is a concentration risk there, but you also look at it from the perspective of economies of scale. That if the money is sent to the individual factories, there will be great fragmentation that might not provide the much needed economies of scale. However, I believe that it is a legitimate question that needs further interrogation and, probably, the Committee on Agriculture could get back on that matter. The tea sector task force report has also been released. I believe that some of the centralization and structural issues could be addressed if we looked at the tea sector task force report and implemented it properly.

Sen. Obure has come to the conclusion that the CBK misled the KTDA and many Kenyans. Many of us woke up in the morning unable to access the money that we had in our accounts. Sometimes we wish we could do something to the Governor of the CBK. Unfortunately, we are a country that is guided by laws and so even if I wanted to go and whistle outside his residence, I cannot achieve much.

Mr. Temporary Speaker, Sir, through the relevant committees, we will also be making recommendations to strengthen the CBK, make it more proactive and risk-based in its assessment of banks rather than being compliance-based.

Very well. We have a lot of business in terms of division. I request that the bell is rung for one minute. What is it, Sen. Wetangula?

On a point of order, Mr. Temporary Speaker, Sir. We are still waiting for the statement about the people at the gate---We have it. We will come back to it. Can I have the bell rung for one minute? The Whip said the Members are just in the lobby. So, one minute is enough.

On a point of order, Mr. Temporary Speaker, Sir. We are all working for the best interest of this House. We have Bills that have been here for about five months just because of lack of division. Ringing of a bell for another three minutes to allow the other Members to come will not be too much to ask.

Order! Let me give you the direction. In my own view, I can see there is a discrepancy with the numbers. This is my direction and I am trying to also participate in helping you to get to the point you want. Meanwhile as you take another few minutes to whip, let us use the time of the House properly because; one, I have a statement to be read by the Senate Minority Leader on the week’s programme. I hope he is ready for that.

Secondly, there is an important statement to be given to us by the Vice- Chairperson of the Committee on National Security and Foreign Relations. So, I will go to the second. Vice-Chairperson, can you give us the statement if you are ready? What is it, Sen. Murkomen?

October 19, 2016 SENATE DEBATES ELECTRONIC VOTING

October 19, 2016 SENATE DEBATES PLIGHT OF KENYAN REFUGEES FROM UGANDA CAMPING AT THE ENTRANCE OF PARLIAMENT BUILDING

Thank you, Mr. Temporary Speaker, Sir. I have this statement. However, according to me, it might not answer all the questions that were asked, but because of the urgency of this matter, I will go through it.

Mr. Temporary Speaker, Sir, the Government is aware that a group of returnees is currently camping along Parliament Road. The Government is further aware that a team visited Kiriandogo in Uganda in order to facilitate the repatriation of Kenyan refugees. Subsequently, on 21st November, 2014, the Government set up a task force with the mandate to profile and work out modalities of repatriation of the refugees to Kenya. In collaboration with the Ugandan Government, the United Nations High Commission on Refugees (UNHCR) and refugee leadership, the taskforce conducted the profiling exercise of the refugees between 14th and 16th December, 2014.

Mr. Temporary Speaker, Sir, from the profiling exercise, 246 households with 979 family members were identified for repatriation; 42 families with 72 family members indicated their unwillingness to return; 21 households were rejected on account of lacking the necessary proof of their status; 43 households were not available for profiling while 47 households were asylum seekers. From the report, it is only 246 that were cleared to be repatriated and all of them have since been paid between Kshs100,000 for families of between one to three members and Kshs150,000 for families with four or more members.

Mr. Temporary Speaker, Sir, from the original list documented by the taskforce, the returnees had indicated their home areas where they preferred to be returned. It revealed that they came from across the country, but majority were from Western Kenya and Rift Valley. The areas included:-

households that had not been cleared by the task force were transported along.Mr. Temporary Speaker, Sir, on closure, a scrutiny of a list provided by the leaders of the returnees, there is discrepancy between the list provided by the leaders of the returnees and that held by the Government. It is suspected that either some of the returnees are not post election violence victims. They could be people out to benefit from the process. Alternatively, the returnees could have split families where children are presenting themselves as households yet they may be family members of those who have already been compensated among the 246.The UNHCR is hoping that the Government will sort out the discrepancies to avoid a situation where some of the returnees take advantage of the process.The other dilemma is that those who have been compensated are on the streets demanding for more compensation and assistance. If this is allowed, it means that the demands will never come to an end. A tripartite meeting held on Monday the 17th October, 2016, between the Government, the UNHCR and the leaders of returnees, agreed that the returnees leadership will work with the Government and the UNHCR to sort out the issues raised in their petition within two weeks. However, the returnees still insist on remaining along the road until a solution to their issues is found.

Mr. Temporary Speaker, Sir, I belong to this Committee and I do sympathize with my Vice-Chairperson. This is the most incompetent answer that we have ever received on the Floor of this House. What we are being told is that the Government is unable to keep records, identify its own people and manage them. The statement discloses that the Government went to Uganda to ask them to come, but it is not prepared to settle them.Could the Vice-Chairperson tell us how many of these people at the gate are from each of the areas of the country enumerated on page three. It is unlikely that some people from Western or Eldoret would come all the way to Nairobi to camp at the gate of Parliament. Sen. Wako can bear me witness on this.All those confusing statements notwithstanding, what is the Government doing to get these people out of the gate of Parliament and settle them somewhere even as we struggle to identify who they are, where they came from, how they will be settled and whether they are passing off for further payment when they had already been paid. That is not out of the Government’s reach. Instead, we are being told that people came at the gate of Parliament and they insist on staying there until their issues are addressed. What kind of Government will this be?Could the Vice-Chairperson tell us when these Kenyans will be taken to a decent place other than the shame of sleeping on the road at the gate of Parliament, not to mention the plight of children and women? There was even a case where a woman delivered a baby at the gate of Parliament.

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

What is your point of order, Sen. Mutula Kilonzo Jnr.? Press the other button if you want to seek a clarification.

Meanwhile, we will listen to Sen. (Prof.) Anyang’-Nyong’o.

Mr. Temporary Speaker, Sir, I want to ride on to what the Senate Minority Leader has said. There must be a security system in this country

For technical reasons, I defer Order Nos. 13, 14, 15, 16, 17, 18 and 19.

October 19, 2016 SENATE DEBATES ELECTRONIC VOTING

AYES: Sen. Abdirahman, Wajir County; Sen. Adan, Isiolo County; Sen. (Prof.) Anyang'-Nyong'o, Kisumu County; Sen. Bule, Tana River County; Sen. Chelule, Nakuru County; Sen. Cheruiyot, Kericho County; Sen. Kagwe, Nyeri County; Sen. Kajwang M., Homa Bay County; Sen. Kisasa, Kilifi County; Sen. Kittony, Trans Nzoia County; Sen. (Prof.) Lesan, Bomet County; Sen. Leshore, Samburu County; Sen. (Prof.) Lonyangapuo, West Pokot County; Sen. (Dr.) Machage, Migori County; Sen. Murkomen, Elgeyo- Marakwet County; Sen. Murungi, Meru County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Ntutu, Narok County; Sen. Obure, Kisii County; Sen. Omondi, Kakamega County; Sen. Sen. M. Kajwang, Homa Bay County; Sen. Wako, Busia County; Sen. Wangari, Nairobi County; Sen. Wetangula, Bungoma County; and, Sen. (Dr.) Zani, Kwale County.

Well, I have not opened contributions or a discussion. I can understand your concern and frustration but I would not want to push into that line of argument.

October 19, 2016 SENATE DEBATES ABSTENTIONS: 0

October 19, 2016 SENATE DEBATES PLIGHT OF KENYAN REFUGEES FROM UGANDA CAMPING AT THE ENTRANCE OF PARLIAMENT BUILDING

Mr. Temporary Speaker, Sir, I am seeking a clarification, but allow me to cite an example. There is a very famous land case which the Supreme Court of India decided that the right to life incudes the right to live with dignity. The people who are out there are not living with dignity. Even before the underlying issue is addressed, I thought that there would be a statement to confirm what they will do in mitigation. It is atrocious for people to camp outside Parliament and sleep on cartoons. It is even worse that a lady delivered there. That is a violation of human rights by a House that is supposed to defend them. Could the Vice Chairperson clarify whether, through the national Government or any other authority, including Parliament, any action has been taken, why that has continued to persist for a week and a half and why we have allowed this Building which is a historic site to be turned into a House of shame?

meet at 12.30 p.m. to schedule Business of the Senate for the week. Subject to further directions, by the SBC the Senate will continue with Business that will not be concluded in today’s Order Paper focusing on debate on Bills at the Second Reading and the Committee of the Whole stages.

Mr. Temporary Speaker, Sir, on Wednesday, 2nd November, 2016 the Senate will continue with business not concluded during Tuesday’s sitting and in particular dispose of Bills awaiting Divisions either at the Second Reading or at the Committee of the Whole stages. The Senate will consider any other Business schedule by the SBC.

On Thursday 3rd November, 2016, the Senate will consider Bills at Second Reading, deliberate on Motions and any other Business scheduled by the SBC.

Mr. Temporary Speaker, Sir, I once again appeal to Senators to be present in order to dispose of pending Business before the Senate, especially Bills, once we resume from our short recess.

I wish you a happy Mashujaa Day and a successful short recess. I hereby lay the Statement on the Table.

Mr. Temporary Speaker, Sir, the response from the Vice Chairperson – which we appreciate she has gone through a lot to bring to this House - raises serious questions. If you listened carefully to that response regarding those Kenyans who have camped outside, the categorisation from the Ministry’s perspective is that some of them are not Post-Election Violence (PEV) victims, some of them just want to benefit from proceeds and some of them are split families where the principals had been paid and the children are coming to claim. There is no categorisation that says that some of them could be genuine Kenyans who are seeking to be given a home at home or

as opportunists who want to pull a fast one on or con the state.

With that attitude, does the Government have the moral standing to address this problem? More specifically, the Chairperson talked of two weeks. That in two weeks, the issues raised in the Petition by those innocent Kenyans shall have been addressed. However, we have not been told the content of this Petition and what the specific issues are. Was that Petition brought to the Senate, National Assembly or taken to the Cabinet Secretary (CS)? When do the two weeks start counting? Is it on the day that they came to the precincts of Parliament or the day they went to State House? We have information that these people first went to State House, then Harambee Avenue and then to Parliament. When does the clock start ticking on the two weeks|? Before the two weeks are over, do we expect that we are still going to have innocent Kenyans giving birth on the road side?

constituents or to do other businesses in Committees.

Ordinarily, it is within such a recess that the busy Committees like County Public Accounts and Investments Committee (CPAIC) gets an opportunity to hold meetings and retreats to write reports arising from the proceedings that they have had throughout the Session. Therefore, this is to urge Members to support this Motion so that we will recess today until the 1st November, 2016.

Mr. Temporary Speaker, I urge colleagues to support this. This is not a Motion affecting counties but it will require a voice vote. Upon passing it, we will take the recess. I invite Sen. Karaba to Second the Motion.

I beg to move.

Mr. Temporary Speaker, Sir, I second and support the Motion moved by the Senate Minority Leader, a renowned debater. He is also in the schedule of leaders in this country.

Mr. Temporary Speaker, Sir, last time we went for a longer recess, but it was interrupted by a special sitting. I hope this time around we will not be recalled for special sessions. Let it be uninterrupted so that we concentrate on other issues. My Committee on Education will be holding a meeting on Monday. We have summoned the Cabinet Minister for Education to shed more light on the development of education sector and the reforms he intends to introduce. Therefore, quite a number of committees have already scheduled meetings and programmes. It will also be a very important break because we will attend the committees uninterrupted without necessarily thinking of House business later. So, it important that is noted.

It is also important to note that many of the chairpersons of committees had challenges which they would wish to address during this recess. You know some of those challenges because you experienced the same when you were a Member of this House. We have been pleading with the Cabinet Secretaries to prepare statements for us to come and respond to hon. Senators’ questions. It has never been easy. Therefore, I am appealing to you as the Chair to make sure that at least you implore on these Cabinet Secretaries to be more cooperative and deliver statements on time. I urge that you have a meeting with them and tell them the importance of these statements. Otherwise, stiffer penalties could be preferred against them.

I support and second.

Mr. Temporary Speaker, Sir, we really appreciate the efforts of Sen. Adan. We also sympathise with the predicament in which the Executive keep putting her by sending her incompetent answers to give to this House. However, in this particular matter, I implore the Chair to use your authority and direct that the Cabinet Secretary (CS) for the Ministry of Interior and Coordination of National Government removes these Kenyans from the gate of Parliament and takes them to a safe holding ground while they sort out the identities and what other action they wish to take about them.

As the distinguished Senator for Homa Bay County has said, the Ministry itself is saying that some are impostors, cons and some are genuine and others not genuine – all manner of jumbled up descriptions which makes the distinguished Senator’s job very difficult to even defend a Statement of that nature.

From where you sit, the Speaker of this House can direct and order the Cabinet Secretary (CS) to take urgent necessary actions to put these people somewhere. It is a scandal, like I said, that Kenyans can come and camp at the gate and one of them, a woman, gives birth on the road and nobody is moved. Instead, we are told that they are split families and some are claiming money while they had been paid. They start off by saying that they went to Uganda and called them to come back. So, if we called them to come back, why do we put them in that kind of plight?

Very well. Sen. Mutula Kilonzo Jnr., is yours a point of order or you want a third round of further clarifications?

ni za mwaka wa 2014/2015 kuhusu matumizi ya pesa za Serikali. Pia tutakuwa na nafasi ya kuzingatia ripoti zamu ya pili ya 2014/2015. Hiyo ni sababu moja ya kuunga mkono Hoja hii.

Bw. Spika Wa Muda, ni lazima uelewe siasa imepotoshwa sana na wenzetu. Siasa imepotoshwa kwa hali ya kwamba wale ambao wako katika makaunti wamepotosha wenzao na kuwaaambia kwamba Maseneta wako Nairobi. Leo karibu Maseneta wote unapata wamelimbikiziwa lawama kwamba wako Nairobi kila wakati na hawana wakati wa kutengamana na watu wao mashinani. Lakini nawaambia watu wetu kuwa Bunge la Seneti liko Nairobi, haliko Kisii, Bungoma, Kwale, Nandi au Kirinyiga. Bunge hili linafanya kazi kutoka Jumatatu hadi Ijumaa. Sisi hutumia wakati mwingi katika Kamati zetu. Tunawaka wa kuja hapa Bungeni na kujadili mambo mengi. Kuna baadhi ya watu ambao hawafuati sera za Serikali katika kuwahudumia wananchi. Mfano mzuri ni matumizi ya pesa za CDF. Pesa hizi zipelekwa mashinani ili zisimamiwe na magavana na ule utawala wa kaunti uweze kuangazia matumizi yake. Maanake ni lazima uchague kama utakuwa upande wa utawala au uwe Mbunge. Hauwezi kuchanganya yote mawili.

Sera hii ilianzishwa katika hizo karne zilizopita katika utawala. Unaulizwa, “Wewe kama Mbunge umefanya nini katika kaunti yako?” “Wewe Mbunge ulileta maendeleo yapi?” Mbunge anafaa awe hapa atetee kaunti yake na atetee eneo lake la Bunge ili Serikali ya Kitaifa iletee maendeleo fulani. Si kwenda kule kufanya harambee na kuwadanganya watu kila leo ni harambee. Kama ingekuwa harambee zinatatua shida za Kenya, basi Wakenya hawangekuwa na shida yoyote.

Tumekuwa na harambee tangu 1963 mpaka leo. Tunafanya harambee na miaka nenda miaka rudi. Inafaa tubadilishe sera zetu za kiserikali tuweze kuweka maadili na tuweze kuweka haki na usawa Serikalini. Unaenda kufanyia watu harambee na wewe ni mkuu katika Serikali ya Kitaifa na katika kaunti. Badala ya kuboresha huduma za afya, unafanyia watu harambee ya kwenda kufanyiwa matibabu katika mataifa ya kigeni. Badala ya kuboresha skuli na vyuo vikuu vyetu wewe unafanyia mtu harambee ili aende akasomee nje ya nchi. Hizi ni sera na mienendo ya kiabunuasi. Wewe kama umepatiwa fursa ya kutawala wenzako pitisha sera ambazo utahakikisha kila mtu amepata huduma za afya za kisawasawa. Kila mtu amepata fursa ya kisawasawa katika maswala ya elimu. Hakikisha umeleta maji na hakikisha umeleta maswala ya makao. Kwa hivyo, tumeichafua siasa ya Kenya.

Bw. Spika, lazima sasa kuitakasa na tubadilishe mtazamo na fikira za siasa za Kenya. Kama wewe ni Mbunge, watu waelezwe shughuli zako ni zipi na sisi waeleze zetu ni zipi katika Bunge hili. Kuna wengine hapa hata wazungumzi na wengine hata hawaonekani. Kazi yao ni kuzuru ofisi hii na ile ili wapate kandarasi na wawe na pesa za kutoa katika Harambee. Hiyo ni maendeleo. Juzi ripoti fulani ilisema tuna ukilishi wa Useneta na Mwakilishi wa Wanawake. Mwananchi anamuomba gavana, anakuomba wewe, anamuomba Mwakilishi wa Wanawake, anamuomba Mwakilishi wa wadi. Wakenya kama mnataka kujikomboa hamwezi mkajifanya miaka yote hamfahamu. Hawa wakenya wetu pia hujifanya hawafahamu kila siku. Tuwafahamisheni na tujifanye tunafahamu. Kila tukijifanya hatafahamu ndio wafisadi watatumiliki zaidi. Kila siku

There are two issues. The question of sorting, I would think that even the sorting of whether some are split families, if somebody had sat even with a desk out there, it would have been sorted. It is a question of the humanitarian issue

Wanawake amechaguliwa kufanya nini, ndio kila siku tunaendelea kupiga sera za ufisadi.

Bw. Spika, wewe unasema wewe ni kampeina wa miaka 20 wa mtu fulani na wewe mwenyewe hujafika popote. Unasema, “Nimejitoa umri wangu wote, afya yangu yote, nampigania mtu fulani kura yangu.” Miaka ishirini wewe badala ya kufuata serikali unatafuta mapeni vidogo vidogo. Ndio kwa sababu hujafika. Sasa ndio tukienda chini tuweze kuwaelimisha tusiwe kila wakati tunataka pia sisi kuwa na uzoefu wa siasa za duni. Mpaka siku ile mtu atachukua msimamo uanze kusema kwamba sera ya kiserikali na ya kitaifa lazima iendeshwe tofauti. Lakini sisi wengine pia tunajiweka hizi pressure. Wewe Seneta pia unajaribu kuweka vikao, unajaribu kuweka maharambee, unajaribu kufanya kila kitu ili pia wewe uonekane pia unajumuika na huku unajilemea zaidi, ufadhali sio wake. Leo Seneta akitaka kufanya kikao atalipia maji, atalipia venue, atalipia chandarua, atalipia kipasa sauti, atalipia kila kitu. Gavana akitaka kufanya kikao kile kile halipi hata ndururu yake kwa sababu jukua ni la serikali, kipasa sauti ni ya serikali, mobilization ni ya serikali, maji ni ya serikali, inspectorate ni ya serikali na kila kitu chote ni cha serikali. Usijitakilifishe, wafahamishe watu. Watu wetu lazima watoe masikio taka waanze kufahamu.

Ni lazima watoe uchafu kwenye masikio ili waweze kufahamu. Miaka 50 baada ya kupata Uhuru, hatuwezi kujifanya kuwa bado hatufahamu. Lazima tuwe na mkazo na shinikizo. Tunapozidi kujifanya ya kwamba hatufahamu, watu wengine watatuibia. Hii ndio maana tunaendelea kuwachagua viongozi wafisadi.

Kwa mfano, Sen. M. Kajwang ana masomo na maadili yake ni mazuri. Pia mtazamo na mchango wake ni mzuri lakini wananchi watatafuta mtu mwenye pesa kwa sababu Sen. M. Kajwang hajawafanyia chochote. Wananchi wanafaa kuangalia majukumu yake katika Katiba ya Taifa la Kenya. Anafaa kupimo na mizani yao kwa yale wanayoyafanya katika Katiba.

Haya maneno yamenitia ukali leo kwa sababu niliona kongamano fulani katika kaunti moja jirani wiki iliyopita ambapo watu wamechezeana dosari. Ndugu zangu wapwani hawawezi kujifanya kwamba kila siku hawafahamu ilhali watu wote Kenya mzima wanafahamu. Wengine wanaishi katika umaskini lakini siku ya kura wanawapigia watu wao kura. Wapwani pekee yao ndio wanaojifanya kuwa hawafahamu hayo.

Bw. Spika wa Muda, ni lazima tuambiane ukweli katika taifa hili. Tuko na sauti na fursa ya kwenda mashinani ili tuwahamasishe, tuwaelimishe na tuwaambie watu wetu ukweli. Miaka 50 baada ya Uhuru wenzetu wameamka na kufika Mtito Andei lakini wewe bado hujaamka. Kila siku tunasema kwamba tunaonewa na kuthulumiwa. Je, hakuna maskini katika maeneo mengine kama Nyanza, Mkoa wa Kati, Magharibi na Kaskazini Mashariki? Mbona wao wanawapigia kura wanasiasa wao ilhali hawajawafanyia lolote? Tunathulumu Waakilishi wa Wadi bure kwa sababu wameshindwa kutulipia karo. Wao ni waakilishi wa wadi na mnajua utajiri na umaskini wao. Wanaenda mbio kwa ajili yenu.

Tulikuwa na Rais kutoka kabila la Kalenjin kwa miaka 24. Je, wakalenjin wote walipata nini kwa jumla? Mbona wao bado wanapiga kura kwa wingi? Waliamka kitambo. Ndugu zetu kutoka Mkoa wa Kati hujitokeza asubuhi kwa wingi kupiga kura. Mbona sisi hujifanya kwamba hatufahamu?

Mr. Temporary Speaker, Sir, I am extremely frustrated and I am glad that my brother, Sen. Hassan who is the champion of human rights has walked in because we need a date and a time when these Kenyans – even if they are not Kenyans – nobody deserves that.

Bw. Spika wa Muda, wimbi mkali hufuatwa na shwari kwa sababu wimbi huwa na nguvu zaidi. Tumekuwa mbioni kama Seneti. Sasa ni fursa yetu kurudi nyumbani. Mimi ninafuraha kwa sababu nitakuwa nyumbani. Nimefurahi zaidi kwa sababu ndugu yangu Sen. Hassan amesema kwamba atarudi nyumbani ili awaeleze watu ukweli. Kule kwetu kuna ugonjwa ambao unaitwa ‘ongea, danganya mpwani’. Ugonjwa huo unashika macho na mtu wa Pwani huwa haoni vizuri anaposhikwa na ugonjwa huu. Niwajibu wetu kama viongozi kurudi nyumbani ili tuwaelimishe watu. Ugonjwa huo unaposhika macho, hata Serikali itengeneze barabara, mtu wa Pwani hataiona ile barabara. Serikali imeleta maendeleo mengi Pwani, watu wa Pwani hawayaoni maendeleo hayo.

Nimefurahi kwa kumsikia Sen. Hassan akisema kwamba kuna umasikini pia bara. Ugonjwa huu unapomshika mtu wa Pwani haoni hata vyeti vya mashamba. Maendeleo kama hayo hayako katika kaunti zote. Ugonjwa huu ulitokea kule Magharibi mwa nchi, lakini wenyewe wameanza kupona. Naomba turudi nyumbani ili tueleze watu wetu kuwa wenzetu wameanza kupona kutokana na ugonjwa huu. Mbona tunajitwika vitu ambavyo havituhusu?

Maji matulivu huwa yana kina kirefu. Kwa hivyo ni lazima maji hayo matulivu yajulikane kuwa yana kina kirefu. Lazima tuwaelimishe watu wetu ili wachaguwe mrengo wa maendeleo. Nawapa kongole Rais wetu na Naibu wake kwa kutupa maendeleo. Nimetembea Bonde la Ufa na najivunia maendeleo mengi ambayo yamefanywa Pwani. Unaweza kudhani kamba Naibu wa Rais ametoka Pwani.

Nilimtembelea dada yangu, Sen. Chelule, na nikahuzunishwa na hali ya barabara. Nikirudi nyumbani nitawaelimisha na kuwaeleza watu wangu kwamba sisi kama watu

Shame! I find it unacceptable. It is abhorring, unacceptable, callous and inhuman.

This is the pronouncement of the Chair on this issue: The “Kenyans” who are currently camping at the gates of Parliament are human beings. Secondly, they qualify for all Articles as stated in our Constitution, Chapter Four on the Bill of Rights.

I thought the mood in the House was to proceed in the national language.

Hon. Senators, we now proceed to Order No. 20. I am told this Motion will be moved by the Senate Minority Leader.

This is a Motion pursuant to Standing Order 28 (3) and it reads:- “On the day when the Senate is scheduled to adjourn to a day other than the next normal sitting day in accordance with the Calendar, the Senate Majority Leader or the Senate Minority Leader or another Member of the Rules and Business Committee shall move a Motion of Adjournment which shall be debated for not more than two hours after which the Senate shall adjourn without question put”.

So, Sen. Murkomen and any other Member come after the Senate Majority Leader or the Senate Minority Leader. Proceed.

constituents or to do other businesses in Committees.

Ordinarily, it is within such a recess that the busy Committees like County Public Accounts and Investments Committee (CPAIC) gets an opportunity to hold meetings and retreats to write reports arising from the proceedings that they have had throughout the Session. Therefore, this is to urge Members to support this Motion so that we will recess today until the 1st November, 2016.

Mr. Temporary Speaker, I urge colleagues to support this. This is not a Motion affecting counties but it will require a voice vote. Upon passing it, we will take the recess. I invite Sen. Karaba to Second the Motion.

I beg to move.

influential politically but resource wise and institutional-wise, you have nothing. You do not have legs - leave alone that statue we talk about in the Bible. It must have been king Nebuchadnezzar or someone who saw a statue with parts of clay, bronze and gold. A Senator has feet of clay, if they have any at all!

The governor has a staff establishment of a thousand and above people. In fact, a thousand people plus several hundred ghost workers supporting him and his projects, yet, you were elected in the same manner. As we go on recess, I wish to urge the relevant committee that was following up the matter of the Senate Monitoring and evaluation Fund to give us the status. This is so that we can decide that in the remaining eight or six months, we are going to sell a family cow to move around the county, engage with the electorate and support fundraisers and funerals or we know that we are going to get a fund which we are going to use to effectively engage the electorate out there.

Mr. Temporary Speaker, Sir, as I summarize my contribution with regard to lack of resources, structures and the absence of an institutional framework, it is obvious that Members of this institution have reduced us to an unnecessary irritant in the body politic of this nation. Yesterday, there was a summit on corruption, integrity and transparency at State House. The Speaker and the Majority Leader of the National Assembly were very prominent. I do not know whether the Speaker of the Senate was present.

The Leader of Majority in the National Assembly was very prominent. I do not know whether you were present, invited or equally prominent and yet corruption is not an issue of legislation. Corruption is an issue of values. It is an issue of morals. It transcends the technical, transcends that hardware and goes into software. Which body is best placed to talk about the soft issues in this country more than this Senate? Which body has the right examples that can act as a light to the rest of the nation on issues of integrity and transparency if it is not this Senate?

Mr. Temporary Speaker, Sir, a serious government would make the Senate a strong partner in the fight against corruption, transparency and accountability in state corporations. This Senate is only as powerful as its membership wants it to be. I have seen situations where two people with the same job description; one person becomes very visible and over bearing while the other remains dull and flat.

I want to urge Members of this House that we assert ourselves, let us define our job description because it is not too late. Let us not all run to become governors. I fear that if half of the Senators become governors, they are going to kill this Senate because they will not want to be over-sighted. There are half of us who want to go there to do a good job but there is another quarter that is going there because they are jealous that the governors are making too much money. There are those also who are going there knowing that a governor is a demigod in this country. The Senate will not oversight them effectively and the county assembly will not oversight them effectively.

I want to appeal to my colleagues who are seeking higher office - I do not know whether the governorship is a higher office than the institution of Senator – but those who are seeking the office of a governor, let us do it for the right reasons. When we get there, let us not kill this Senate.

Mr. Temporary Speaker, Sir, going forward, we must take a decision. If the Senate represents, defends and protects the interests of the counties, should it not be

Bw. Spika wa Muda, ninakushukuru sana kwa kunipa fursa hii. Mimi nataka kuunga mkono Hoja hii ili sisi tuweze kwenda likizo fupi hadi tarehe 1 Novemba, 2016.

Ninaunga mkono sababu zilizotolewa na Sen. Karaba na Sen. Wetangula ambaye ni kiongozi wa wachache hapa Bungeni na Seneta wa Bungoma Kaunti. Mimi ni mwanachama was Kamati ya Uajibikaji ambayo kwa lugha ya Kiingereza ni County Public Accounts and Investment Committee (CPAIC) . Tumekuwa tukikutana kila siku bila kikomo. Kwa hivyo, itakuwa heri wakati huu wa likizo tuangazie na kuzingatia riport za zamu ya kwanza za Mkaguzi Mkuu wa Hesabu za

Very well. Sen. Kittony!

Sen. Kittony, it is recess and not a holiday. The two might not mean the same thing. So, you wish every Senator a wonderful recess.

Thank you, Mr. Temporary Speaker, Sir, for the opportunity. I want to support the Adjournment Motion because it is going to create time for us to do our oversight role even though we have challenges in terms of finances that can help us reach out to the people we represent.

competition instead of having constructive competition. That is why we give our electorate false information because we do not want them to elect us based on what we have done but we give them wrong information and at the end of the day, they make a wrong choice during elections. This is a high time that we go down to the people and give them the right information.

Mr. Temporary Speaker, Sir, I want to call upon Parliament and the Government to take note of civic education among Kenyans in terms of the role of different offices in the Constitution for the electorate to understand what devolution is all about, the role of each elected Member and the role of each House of Parliament so that we do not have conflict of interest.

It is annoying that when you are in a meeting and a colleague who is elected in the county assembly; MCA or governor or a Member of National Assembly who has been given their resources to implement some projects stands up and says I have brought this; so, ask what the Senator has brought. I am coming to do this and this. I am constructing this class and doing this road. When it comes to budgeting, I remember the time we take. It is too long because we want to ensure counties have money. At the end of the day, it is like we have done nothing.

Mr. Temporary Speaker, Sir, it is the high time that Kenyans should be given information and direction to understand the right way to go when making decisions. The level of poverty in this country is not reducing because of wrong leadership and information. With the new Constitution, there is a big gap between the elites; those who went to school in urban centers and those who are in rural areas. Nobody is ready to give the right information.

We used to have barazas which were meaningful where leaders would deliver the right information to Kenyans from the national Government. Nowadays, they are meaningless because in those barazas they would dwell on negative issues, talk about other people rather than giving Kenyans the right information that can help them develop. With this kind of attitude, the country cannot develop. Kenyans will not come out of poverty. We, as leaders, should know that Kenyans need good political will for them to forge ahead.

The electorate also have a role to play which is to shun the culture of handouts. Gone are the days when people would expect small handouts like Kshs50 from the Members of Parliament (MP). It is what makes Kenyans not to make the right choices. It was not easy to find an MP going back to the constituencies to meet the people who elected them those days when accountability and oversight was not there. We require the oversight fund as a Senate for it to help us do our role that the Constitution gives us.

When we do the legislative role and the representative role, we also need to do the oversight role so as to be able to give meaningful leadership to the people who elected us. We need to take another direction in the way we handle the issue of development. We should give priority to meaningful development where resources are not wasted through corruption.

With those many remarks, I support the Adjournment Motion.

Hon. Senators, in accordance with our Standing Orders, this Motion does not require us to put the question.

There being no other Senator wishing to contribute to this Motion, the House stands adjourned until Tuesday, 1st November, 2016 at 2.30 p.m.

The Senate rose at 5.45 p.m.

Sen. Kajwang.

Mr. Temporary Speaker, Sir, I wish to support this Motion---

I thought the mood in the House was to proceed in the national language.

Mr. Temporary Speaker, Sir, I want to qualify why I am doing it in English. I would have wished to do it in Swahili but it is difficult to keep up with Sen. Hassan and Sen.Kisasa when they do it. I will go with the “Luopean” language which is English.

The Motion to adjourn until 1st, November is fairly procedural and does not give us a lot of time, but just about two weeks. For purposes of Kenyans who are watching this debate, it is important to point out that this break is not like a school break where you close school, go home and just relax. It is not a break for us to go on holiday or to attend to personal business but an opportunity for us to retreat into committees and to go back to our electorate and have much more quality time with them.

However, on the issue of going back to the ground, we must point out that Senators in this House spend every other weekend in their counties. It does not mean that the only opportunity we have to go back and talk to the electorate is when on recess. Personally, I spend almost every other weekend in my home county or in neighboring counties. It should not be taken that these two weeks recess is the only opportunity in the year that Senators have to go back to the counties.

As we retreat into committees during these two weeks, I wish to also pay homage and convey my condolences to Joy Aluoch who has been a sterling, firm and bright supporter of committees in her role as clerk. These committees are not run by Senators because usually we find that everything has been done and the necessary facilitation is in place. It is the employees of the Parliamentary Service Commission (PSC) that make it possible. Joy Aluoch died in an unfortunate accident when she was in the midst of preparing a committee trip of this House. I do hope that her contribution to the ideals she stood for and the collective ideas that she generated and gathered as a clerk and employee of the PSC shall not be in vain.

We will find a way of remembering her contribution, her legacy and the entire good things that she did. This was one person who was generous, jovial and not blinded by ethnic or political affiliation.

I will be joining other Senators and members of the public in Kisumu for the final send off.

Mr. Temporary Speaker, Sir, we must remember that we are going on recess but staff who support us are not going on recess. When committees sit, we tend to come up with programs to visit counties and foreign countries. There is an issue on foreign visits

based on per capita. This means that where a Senator falls in a joint committee of the National Assembly and Senate, Senators find themselves disadvantaged. I know that this is an issue that can best be canvassed in kamukunji but is important to note because if you do not get some of these foreign linkages and exposure, the mandate and work of the Senate might be curtailed. Parliamentary visits to foreign nations are part of parliamentary diplomacy which is one plank of our diplomatic policy as a nation.

We must ensure that since the Senate represents the best of the 47 counties, it gets a fair and equal opportunity to undertake some of these visits which go a long way in improving our diplomatic relations with the countries that we visit.

If we need to connect with the electorate--- I know as part of our representation role, Members here have different ways and methods of connecting with the electorate. There are those who open their offices for the electorate to visit. There are those who open their residences. It was in the news this week that a home of a Member of Parliament from the coast region which is suffering from drought and famine was raided by voters who ate all his food and took all his water. That could be part of representation because this Hon. Member decided to order for more supplies of flour and water and made a good meal for them, instead of chasing them away. Therefore, there are different ways of connecting with the electorate.

However, it is not proper that an institution like the Senate does not have a framework for engagement with the electorate. Yes, we have frameworks on public participation but that is on Bills and laws. However, how does the Senator engage with the county assemblies, the governors, elected Members of Parliament and the voters? There are as many as 68 different ways because each Senator has a different approach. That is why this House proposed that we come up with a Monitoring and Evaluation Committee which would manage a monitoring and evaluation fund, come up with structures and certain processes that Senators can follow to ensure that our representation and oversight role is effective.

Mr. Temporary Speaker, Sir, an accusation that we all face even though unfairly - my brother Sen. Hassan has alluded to it - is the notion that Senators disappear in Nairobi, yet the Senate is in Nairobi and that is where we were elected to work from. It is political suicide to remind the electorate that they elected me to go to Nairobi. This is because they still expect - especially those of us with elaborate funeral arrangements - that we will be there with them for every funeral, fundraiser and every single activity on the ground. Our job is to come and legislate and represent in Nairobi.

We need to institutionalize and resource the office of the Senator and come up with a framework for engagement between the Senator, the electorate and various stakeholders in the county. Otherwise, our job will be measured against what the governor is doing.

Mr. Temporary Speaker, Sir, I pass through your county when going to my county. When I talk to young men, they tell me that they would prefer you to run for the position of governor. It is going to be difficult because they will be comparing you against the largesse of the governor which is not private largesse but the monies that we appropriate every year through the Division of Revenue Bill and the County Allocation of Revenue Bill. They are using State resources to perpetuate themselves in power and

influential politically but resource wise and institutional-wise, you have nothing. You do not have legs - leave alone that statue we talk about in the Bible. It must have been king Nebuchadnezzar or someone who saw a statue with parts of clay, bronze and gold. A Senator has feet of clay, if they have any at all!

The governor has a staff establishment of a thousand and above people. In fact, a thousand people plus several hundred ghost workers supporting him and his projects, yet, you were elected in the same manner. As we go on recess, I wish to urge the relevant committee that was following up the matter of the Senate Monitoring and evaluation Fund to give us the status. This is so that we can decide that in the remaining eight or six months, we are going to sell a family cow to move around the county, engage with the electorate and support fundraisers and funerals or we know that we are going to get a fund which we are going to use to effectively engage the electorate out there.

Mr. Temporary Speaker, Sir, as I summarize my contribution with regard to lack of resources, structures and the absence of an institutional framework, it is obvious that Members of this institution have reduced us to an unnecessary irritant in the body politic of this nation. Yesterday, there was a summit on corruption, integrity and transparency at State House. The Speaker and the Majority Leader of the National Assembly were very prominent. I do not know whether the Speaker of the Senate was present.

The Leader of Majority in the National Assembly was very prominent. I do not know whether you were present, invited or equally prominent and yet corruption is not an issue of legislation. Corruption is an issue of values. It is an issue of morals. It transcends the technical, transcends that hardware and goes into software. Which body is best placed to talk about the soft issues in this country more than this Senate? Which body has the right examples that can act as a light to the rest of the nation on issues of integrity and transparency if it is not this Senate?

Mr. Temporary Speaker, Sir, a serious government would make the Senate a strong partner in the fight against corruption, transparency and accountability in state corporations. This Senate is only as powerful as its membership wants it to be. I have seen situations where two people with the same job description; one person becomes very visible and over bearing while the other remains dull and flat.

I want to urge Members of this House that we assert ourselves, let us define our job description because it is not too late. Let us not all run to become governors. I fear that if half of the Senators become governors, they are going to kill this Senate because they will not want to be over-sighted. There are half of us who want to go there to do a good job but there is another quarter that is going there because they are jealous that the governors are making too much money. There are those also who are going there knowing that a governor is a demigod in this country. The Senate will not oversight them effectively and the county assembly will not oversight them effectively.

I want to appeal to my colleagues who are seeking higher office - I do not know whether the governorship is a higher office than the institution of Senator – but those who are seeking the office of a governor, let us do it for the right reasons. When we get there, let us not kill this Senate.

Mr. Temporary Speaker, Sir, going forward, we must take a decision. If the Senate represents, defends and protects the interests of the counties, should it not be

represents. A High Commissioner is funded by the nation whose interests they represent. How do you represent the interests of the county people and every other day the counties are much happier if you are not given resources? Even these regulations that have been published, it is the Council of Governors that will go to court to challenge that Senators are not supposed to get any facilitation. Then, how are we going to do oversight? How will you confirm that a bridge has been built? Is it just by sight or do we have to wait for reports from newspapers and televisions?

Mr. Temporary Speaker, Sir, I support the Motion and I do hope that during the two weeks, we shall get some positive news from the National Assembly and from the relevant Committee of this House to give us the necessary footing to undertake our constitutional duty as a espoused in the Constitution.

Very well. Sen. Kittony!

Thank you, Mr. Temporary Speaker, Sir. Allow me to add my voice in supporting the Adjournment Motion. I would also like to add my voice in saying this House is a House of honour and decorum. I support the implementation of the monitoring and evaluation fund because this is where everything is.

We have witnessed devolution in place, we have witnessed what is happening in the country and it is time that this adjournment allows us to go and interact with the electorate. The electorate expects a lot from us. We do realize that in this House, we do not have the proper tools for reaching out and supporting our electorate. Therefore, it is time that this House is made strong in giving us the proper tools so that we can do the right work that we are meant to do.

Mr. Temporary Speaker, Sir, the work that the House has done is enormous. I know our Committee on Health has not completed its work and people do not see it. Next week, we will not enjoy the recess as such because it has been short. When we want to reach to the counties, we are called back. So, it is time that we take our work seriously and take a longer period for recess so that we are able to meet and interact in the counties so that people can realize what the Senate does.

Mr. Temporary Speaker, Sir, I would like to say that we have carried ourselves well. I would like to borrow what Sen. M. Kajwang said that it will not auger well when all of us would like to go and stand for governorship. This is an important House that makes devolution work. When we run for governorship because there are many goodies, what are we showing people? The Senate has done its work and I would like to commend the Senators for the work they have done and they should continue doing so.

With those few remarks, I support the Adjournment Motion and wish everyone a good short holiday but I wish it could be longer in the future. Thank you.

Sen. Kittony, it is recess and not a holiday. The two might not mean the same thing. So, you wish every Senator a wonderful recess.

Thank you, Mr. Temporary Speaker, Sir, for the opportunity. I want to support the Adjournment Motion because it is going to create time for us to do our oversight role even though we have challenges in terms of finances that can help us reach out to the people we represent.

competition instead of having constructive competition. That is why we give our electorate false information because we do not want them to elect us based on what we have done but we give them wrong information and at the end of the day, they make a wrong choice during elections. This is a high time that we go down to the people and give them the right information.

Mr. Temporary Speaker, Sir, I want to call upon Parliament and the Government to take note of civic education among Kenyans in terms of the role of different offices in the Constitution for the electorate to understand what devolution is all about, the role of each elected Member and the role of each House of Parliament so that we do not have conflict of interest.

It is annoying that when you are in a meeting and a colleague who is elected in the county assembly; MCA or governor or a Member of National Assembly who has been given their resources to implement some projects stands up and says I have brought this; so, ask what the Senator has brought. I am coming to do this and this. I am constructing this class and doing this road. When it comes to budgeting, I remember the time we take. It is too long because we want to ensure counties have money. At the end of the day, it is like we have done nothing.

Mr. Temporary Speaker, Sir, it is the high time that Kenyans should be given information and direction to understand the right way to go when making decisions. The level of poverty in this country is not reducing because of wrong leadership and information. With the new Constitution, there is a big gap between the elites; those who went to school in urban centers and those who are in rural areas. Nobody is ready to give the right information.

We used to have barazas which were meaningful where leaders would deliver the right information to Kenyans from the national Government. Nowadays, they are meaningless because in those barazas they would dwell on negative issues, talk about other people rather than giving Kenyans the right information that can help them develop. With this kind of attitude, the country cannot develop. Kenyans will not come out of poverty. We, as leaders, should know that Kenyans need good political will for them to forge ahead.

The electorate also have a role to play which is to shun the culture of handouts. Gone are the days when people would expect small handouts like Kshs50 from the Members of Parliament (MP). It is what makes Kenyans not to make the right choices. It was not easy to find an MP going back to the constituencies to meet the people who elected them those days when accountability and oversight was not there. We require the oversight fund as a Senate for it to help us do our role that the Constitution gives us.

When we do the legislative role and the representative role, we also need to do the oversight role so as to be able to give meaningful leadership to the people who elected us. We need to take another direction in the way we handle the issue of development. We should give priority to meaningful development where resources are not wasted through corruption.

With those many remarks, I support the Adjournment Motion.

Hon. Senators, in accordance with our Standing Orders, this Motion does not require us to put the question.

There being no other Senator wishing to contribute to this Motion, the House stands adjourned until Tuesday, 1st November, 2016 at 2.30 p.m.

The Senate rose at 5.45 p.m.