Elizabeth Ongoro Masha

Sen. Ongoro) : Sen. Ongoro) :A [The Temporary Speaker (Sen. (Dr.) Machage) in the Chair] PROGRESS REPORTED

Sen. Ongoro Hon. Members, there being no other business, the Senate stands adjourned until tomorrow, Wednesday, 22nd February, 2017 at 2.30 p.m. The Senate rose at 4.20 p.m.

The mover. Sen. OngoroA

Hon. Members of the House, due to the same reason that we have had to defer Order No.14, I will defer Order Nos.15, 16, 17, 18 and 19. February 21, 2017 SENATE DEBATES

COMMITTEE OF THE WHOLE THE PERSONS WITH DISABILITIES (AMENDMENT) BILL (SENATE BILL NO. 13 OF 2015) THE NATIONAL CEREALS AND PRODUCE BOARD (AMENDMENT) BILL (SENATE BILL NO. 15 OF 2015) THE COUNTY STATUTORY INSTRUMENTS BILL (SENATE BILL NO.10 OF 2015) THE BASIC EDUCATION (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO.35 OF...

Hon. Members, there being no other business, the Senate stands adjourned until tomorrow, Wednesday, 22nd February, 2017 at 2.30 p.m. The Senate rose at 4.20 p.m. February 21, 2017 SENATE DEBATES

Sen. Ongoro What is it, Sen. Sang? January 5, 2017 SENATE DEBATES Sen. Ongoro system. I am not aware of any system that can be 50/50. It is either manual or electronic. There is no way in any system that you can say I am either sick or not sick....

What is it, Sen. Sang? PROCEDURAL MOTION LIMITATION OF DEBATE ON MOTION PURSUANT TO O NO.100 (1) AND (2)

Sen. Ongoro What is your point of order, Sen. (Prof.) Lonyangapuo? January 5, 2017 SENATE DEBATES Sen. Ongoro Order, Sen. (Prof.) Lonyangapuo! You must appreciate some of these things. I agree with you, they should be in a better place, but if they chose to do it in the most...

Sen. OngoroProceed, Sen. Elachi.

Sen. Ongoro On a point of order, Mr. Speaker, Sir. With all due respect, we are now making reference to a document which all of us have. Is it in order for the Chairperson of the Committee on Information and Technology to keep misleading this House and the nation that...

Sen. Ongoro On a point of order, Mr. Speaker, Sir. Did you hear the hon. Senator making a very extreme statement that even as we debate a very important Bill, that some of the leaders on this side are very close to some powers out which we do not know....

Sen. Ongoro Mr. Speaker, Sir, may I stand here and proudly state that not only am I close to that particular politician you are trying to insinuate, I believe he is the best leader for this country. I have no apologies to make. I want to tell Sen. Sang that...

Sen. Ongoroour Constitution and in particular subsection 4(a), (b) and (c).On a point of order, Mr. Speaker, Sir. I have tremendous respect for Sen. Khaniri’s knowledge. January 5, 2017 SENATE DEBATES Sen. Ongoro Mr. Speaker, Sir, why is he panicking?

Sen. Ongoro Mr. Speaker, Sir, it is a sad day that we have lost this vote. I support the Speaker’s ruling that gave us time to talk to our colleagues so that the Bill is not lost in toto but gets a chance as the Speaker ruled. We may not...

Sen. Ongoro

Sen. Ongoro

Sen. Ongoro

Sen. Ongoro Thank you, Sen. Murkomen. Sen. Wetangula. Please, let us make it brief. The Senate Minority Leader (Sen. Wetangula) : Mr. Deputy Speaker, Sir, I am pleased to welcome the pupils and their teachers from Farasi Lane Primary School in Westlands, Nairobi. It is a constituency that is represented...

Sen. Ongoro

Sen. Ongoro

Sen. Ongoro Therefore, what is your point of order?

Sen. Ongoro

Sen. Ongoro Am I the one? Yes, Senator for Busia. Sen. Ongoro No, I am Attorney-General Emeritus.

Sen. Ongoro

Sen. Ongoro(Laughter) ISSUANCE OF IDENTITY CARDS TO RESIDENTS OF NAIROBI WHO HAIL FROM OTHER REGIONS OF THE COUNTRY

Mr. Temporary Speaker, Sir, I think that was prosecuted. Did you say it was prosecuted?

Mr. Temporary Speaker, Sir, yes, it was by

Sen. Ongoro

Sen. Ongoro

Sen. Ongoro) : Mr. Deputy Speaker, Sir, I stand under Standing Order No.54 (3) to request that putting of the question be deferred to the following day. We will now move to reports and we will be done. The Bars can be opened now. (The House resumed) [The Deputy Speaker...

Sen. Ongoro

Sen. Ongoro Yes Mr. Deputy Speaker, Sir. That is what I thought. (Question put and agreed to)

Mr. Deputy Speaker, Sir, I beg move that the House do agree with the Committee on the said report. Sen. Mutula Kilonzo Jnr. seconded. (Question proposed) (Question put and agreed to)

The Mover.

Mr. Deputy Speaker, Sir, I beg to move that The HIV and AIDS Prevention and Control (Amendment) Bill (Senate Bill No.4 of 2015) be now read a Third Time. (Question proposed) We do not have the threshold.

Mr. Deputy Speaker, Sir, I stand under Standing Order No.54 (3) to request that putting of the question be deferred to the following day.

It is so ordered. (Putting of the question on the Third Reading deferred) Now, let us move to the Report of the Committee of the Whole on the County Industrial Development Bill (Senate Bill No. 7 of 2014) . February 24, 2016 SENATE DEBATES (SENATE BILL NO.7 OF 2014) Sen....

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee of Whole on the said report. Who is seconding you?

Sen. Ongoro Mr. Temporary Speaker, Sir, I want to add my voice on the four Petitions. This is a good indication that the county governments and the nation at large are now beginning to appreciate the role of the Senate as stipulated in the Constitution. We have debated in this...

Sen. Ongoro) : Madam Temporary Chairperson, I beg to move:- THAT, clause 11 of the Bill be amended by deleting the words “the Deputy County Attorney” appearing immediately after the words ‘The County Attorney’ and substituting therefor the words “the County Solicitor”. The amendment is to replace “Deputy County Attorney”...

Madam Temporary Chairperson, I beg to move:- THAT, clause 11 of the Bill be amended by deleting the words “the Deputy County Attorney” appearing immediately after the words ‘The County Attorney’ and substituting therefor the words “the County Solicitor”. The amendment is to replace “Deputy County Attorney” with “Solicitor General.”...

Madam, Temporary Chairperson, I beg to move:- THAT, Clause 14 of the Bill be amended-

Madam, Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting clause 16 and substituting therefor the following new clause-

Madam Temporary Chairperson, I commend the work of this Committee in particular for raising this particular amendment. Counties are spending huge amounts of money hiring consultants. This provision here will pin down the responsibility to some individual. Therefore, we are moving in the right direction by adopting this particular amendment....

Sen. Ongoro): Madam, Temporary Chairperson, I beg to move:- Division will be at the end. Clause 17

Madam, Temporary Chairperson, I beg to move:- THAT, clause 18 of the Bill be deleted and substituted therefor with the following new clause- County Solicitor

Madam Temporary Chairperson, I beg to move:- THAT, Clause 19 of the Bill be amended in sub-clause (2) by deleting paragraph February 18, 2016 SENATE DEBATES

Sen. Ongoro): Sen. Ongoro):

Sen. Ongoro): Sen. Ongoro):

Sen. Ongoro) : Thank you Madam Chairperson. My concern is the phrase “for the avoidance of doubt”. Really, Sen. Sang is a lawyer and I think this phrase was unnecessary if the objective was to have that status, then the phrase should just be “the county attorney shall have the...

Madam, Temporary Chairperson, I beg to move:- THAT, Clause 30 of the Bill be amended in paragraph (b) of sub- clause (3) by deleting the words “National Assembly” appearing immediately after the words ‘provided by the’ and substituting therefor the words “County Assembly”. This is a Bill relating to the...

of the Bill, proposed) The Temporary Chairperson ( Sen. Ongoro): Sen. Ongoro): Mr. Temporary Speaker, Sir, I beg to report progress; that the Committee of the Whole has considered the Office of the County Attorney Bill, (Senate Bill No. 37 of 2014) and seeks leave to sit again tomorrow.

Sen. Ongoro) : Sen. Ongoro) : Madam Chair, I support this amendment; but may I point out that the practice of legislation does not compel this House to take care of clerical matters. The assumption usually is that, this goes to the Attorney-General’s office that sorts out the typographical errors....

Sen. Ongoro): Sen. Ongoro): I request Sen. Obure to second. Sen. Obure seconded. The Temporary Chairperson (Sen. Ongoro) : Thank you. (Question, that New Clause 2A be read a Second Time, proposed)

Sen. OngoroMadam Temporary Chairperson, you can see my feelings about this. That is why I have been struggling with this since 2004. Last time, as I told you when you were on the Chair; that when I moved this Motion, I did not even have a single grey hair. When...

Sen. Ongoro): Sen. Ongoro): On a point of order, Mr. Temporary Speaker, Sir. I insist that the casual manner in which we are moving away from the tradition of Parliament will start from small transgressions and move on to something grave. The purpose of the Chairperson of the Committee of...

Sen. Ongoro) : Sen. Ongoro) :

Sen. Ongoro) :[The Temporary Speaker (Sen. Sang) left the Chair] Thank you. Who is your seconder, Sen. Musila? (Sen. Musila spoke off record) Mention his name for the sake of records.

I request

Sen. Obure to second. Sen. Obure seconded. The Temporary Chairperson (Sen. Ongoro) : Madam Temporary Chairperson, I beg to move:- THAT, Clause 4 of the Bill be amended in sub-clause (2) by deleting the words “county Secretary” appearing immediately after the words “office of the” and substituting therefor the words...

Sen. Ongoro) : Madam Temporary Chairperson, I beg to move:- THAT, Clause 8 of the Bill be amended- The Mover, you need to clarify because Clause 7 (2) (a) actually repeats what we already have word for word. Could you clarify? February 18, 2016 SENATE DEBATES

Madam Temporary Chairperson, you can see my feelings about this. That is why I have been struggling with this since 2004. Last time, as I told you when you were on the Chair; that when I moved this Motion, I did not even have a single grey hair. When you...

Sen. Ongoro) : Sen. Ongoro) :

Sen. Ongoro) : Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said Report Sen. (Dr.) Zani seconded. (Question proposed) (Question put and agreed to) That is also my take. That being the case, therefore, we can sustain both, because they...

Sen. Ongoro Mr. Temporary Speaker, Sir, thank you for giving me the opportunity. At the rise of the House yesterday, I had moved that the Kenya National Examinations Council (Amendment) (N0.2) Bill (Senate Bill No.14 of 2015) be read a Second Time. The principal object of this Bill is to...

On a point of order, Mr. Temporary Speaker, Sir. I insist that the casual manner in which we are moving away from the tradition of Parliament will start from small transgressions and move on to something grave. The purpose of the Chairperson of the Committee of the Whole reporting to...

Sen. Ongoro): Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until Tuesday, 23rd February, 2016 at 2.30 p.m. The Senate rose at 6.30 p.m. We are through with the amendments.Mover.

Madam Temporary Chairperson, I beg to move that the Committee of the Whole reports progress on its consideration of The Office of the County Printer Bill (Senate Bill No. 42 of 2014) and seeks leave to sit again tomorrow. (Question proposed) (Question put and agreed to) (The House resumed) PROGRESS...

Sen. Ongoro

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Office of the County Printer Bill (Senate Bill No. 42 of 2014) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said Report Sen. (Dr.) Zani seconded. (Question proposed) (Question put and agreed to) February 18, 2016 SENATE DEBATES

Second Reading THE KENYA NATIONAL EXAMINATIONS COUNCIL (AMENDMENT) (NO. 2) BILL (SENATE BILL NO.14 OF 2015)

Clerks-at-the-Table, how many minutes

Mr. Temporary Speaker, Sir, thank you for giving me the opportunity. At the rise of the House yesterday, I had moved that the Kenya National Examinations Council (Amendment) (N0.2) Bill (Senate Bill No.14 of 2015) be read a Second Time. The principal object of this Bill is to amend the...

future are shuttered on account of cheating, which is at best an allegation.Mr. Temporary Speaker, Sir, we all agree on the need to protect the integrity of our national examination system. However, this law which gives the Kenya National Examinations Council (KNEC) absolute and unquestionable powers to determine the destiny...

serve for a term of four years, but will also be eligible for reappointment for a further term of four years.Mr. Temporary Speaker, Sir, the proposed law also empowers the Cabinet Secretary in charge of education to designate a public officer to be the Secretary to the tribunal. The Cabinet...

Thank you, Mr. Temporary Speaker, Sir, for the opportunity. I rise to second this amendment Bill. There is a saying that a child who has washed his hands clean is fit to dine with elders, but that does not make him an elder. So, I do appreciate that Sen. Obure...

destroyed because of arbitrary and dictatorial decisions by KNEC.Mr. Temporary Speaker, Sir, this is the kind of Bill we should have dealt with like yesterday. The justification and the facts just speak for themselves. It is unfortunate, wrong and unconstitutional to condemn someone without giving them an option or a...

from the teachers unions, membership from the school heads.Sen. Obure has talked about one representative from head teachers. However, in my experience and dealings with teachers, I know that there are two groupings; there is the Kenya Primary School Heads Association (KEPSHA) and the Kenya Secondary School Heads Association (KESSHA)....

theft, they just want to get rich provided they are not caught. You also saw about 40 per cent of young people saying that in the coming elections, they will only vote for people who are going to pay them. They will not vote for free.Mr. Temporary Speaker, Sir, it...

that KNEC uses when cancelling or withholding examination results of students. It is a matter that is closed; they take those decisions and the decisions appear to be final.Mr. Temporary Speaker, Sir, no one is able to answer to attempts by students to seek clarifications or explanation as to what...

Thank you, Mr. Temporary Speaker, Sir. I join my colleagues in congratulating and thanking Sen. Obure who is “enjoying” his neighbour that he went to USA in 1964 when most of us had not been born. I had been born. I was one year old then. It is surprising that...

PhD and I was fast-tracked. I did not do the examinations that students are normally now subjected to. However, our children, including mine, when they go England, all of them must pass through this examination just because of the shame that we have put ourselves into. It is a surprise...

KNEC. I said that “KNEC” had changed to “SSS.” This meant that they set, steal and sell the examinations themselves. When they heard me say that, they called me. For the first time, I sat in their boardroom. That is when I realised that we made a mistake. This is...

Order, Senator. Sen. (Dr.) Zani! You will have 13 minutes to conclude your contribution when debate on this Bill resumes. ADJOURNMENT

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until Tuesday, 23rd February, 2016 at 2.30 p.m. The Senate rose at 6.30 p.m.

Sen. Ongoro

Sen. Ongoro Mr. Speaker, Sir, we make a lot of cries, speak a lot of English and Kiswahili languages in this House, but if the Constitution and the Standing Orders do not prescribe any mode of action, it is all zero. It is an exercise in futility. The best way...

Sen. Ongoro

Sen. Ongoro Mr. Speaker, Sir, we make a lot of cries, speak a lot of English and Kiswahili languages in this House, but if the Constitution and the Standing Orders do not prescribe any mode of action, it is all zero. It is an exercise in futility. The best way...