MARCH 2015, {NATIONAL ASSEMBLY HANSARD} PETITION Date 3rd March, 2015

Member of Parliament: Hon. (Ms) S.W. Chege

Contribution She Made On: PRIVATISATION OF MUHORONI SUGAR COMPANY LIMITED Hon. (Ms.) S. W. Chege: Thank you, hon. Speaker. I stand on Standing Order No. 227 and on a Petition. Before I went away, I petitioned the Departmental Committee on Administration and National Security on an issue of a resident of Kigumo Constituency. That Petition was signed by members from Kinyona Ward, to be specific. I left and by the time I came back the person who was inside me was almost five months, and I have not seen a response to the same Petition. I would like the Chair of that Committee to report on the same.

Secondly, I asked a Question to the Departmental Committee on Lands regarding the expiry of tenure of Kakuzi and Delmonte companies, but I have not got an answer on the same.

Date 3rd March, 2015

Member of Parliament: Hon. (Ms) S.W. Chege

Contribution She Made On: PRIVATISATION OF MUHORONI SUGAR COMPANY LIMITED

Hon. (Ms.) S. W. Chege: Thank you, hon. Speaker, I just wanted a clarification from hon. Tong’i whether it was a Petition or a Question because as per now we have a body which is in charge of university funding, and that body is going to be in place once we get the funds. But I would like to get a clarification, whether it was a Question or a Petition.

Date 3rd March, 2015

Member of Parliament: Hon. (Ms) Shebesh Contribution She Made On: PRIVATISATION OF MUHORONI SUGAR COMPANY LIMITED

Hon. (Ms.) Shebesh: Thank you, hon. Speaker. I have been looking at this Report and talking to my colleagues, it seems that there is a bit of more work to be done. I would like to support what the hon. Member for Subukia Constituency has said that we adjourn this debate and bring it back after one week when Members will have been allowed to give their contributions. This is a very sensitive issue which affects the people on the ground; especially those who are affected by sugarcane growing.

MOTION

Date 3rd March, 2015

Member of Parliament: Hon. (Ms) Mbalu

Contribution She Made On: ADOPTION OF PAC REPORTS (2010/2011; 2011/2012; 2012/2013)

Hon. (Ms.) Mbalu: Thank you, hon. Speaker, for giving me the opportunity to add my voice to the debate on the Report of PAC, in which I sit. I would like to start by thanking the Chairman of the PAC, hon. Ababu Namwamba, who has done a very good job. I do not speak for the sake of speaking, I speak because it is important to speak the truth. If you look at this Report, you will appreciate that it covers three financial years. For those who listen and read the HANSARD, this is a Report of the Appropriation Accounts, Other Public Accounts an Accounts for the Funds of the Government of Kenya for Financial Years 2010/2011, 2011/2012 and 2012/2013, which was laid on the Table of the House on Tuesday, 2nd December, 2014. This is a great achievement by the Committee. It will go into the books of history that the PAC of the Eleventh Parliament has been able to clear the backlog. We will now be dealing with current issues. For us, this is a great achievement.

Hon. Speaker, the information that has been leaked out is not part of the information of this House. We were about to brand the Eleventh Parliament in a very bad way because of rumours and vendetta. There is no Committee Chair or Member of a Committee of this House who would want to come here and discuss information which has been leaked out, unless we are mad. There is nobody who would want to table in this House or discuss what he has already given the public. Doing so reduces our confidence. We want to make this House a Parliament of the people represented by hon. Members. We also respect the PAC. I must say that we have very able Members. We went through the audit reports and called the Accounting Officers of the various Ministries, who gave us the information that we wanted. One of the pertinent issues that the Government needs to look into is lack of supporting documents. We made our recommendations and raised our concerns with the Ministries.

Hon. Speaker, this is a Committee we need to support. I want to urge all hon. Members and members of the public to read this voluminous Report, which is for one financial year. It is very heavy. Sometimes we discuss issues without bothering to look at the details of these Reports. We had issues of unsupported payments. Trial balances were done at the end of the years but the Auditor-General could still find unsupported payments. There were also issues of undisclosed expenditures. In one instance, for example, the Auditor-General reported receiving for audit review, unsupported copies of payment vouchers that related to hefty confidential security expenditures during Financial Year 2012/2013. Disclosure was made on only a small percentage of the confidential expenditure. There was no reason given for the exclusion of the same. All these details were picked up by the PAC. Recommendations were made. I would only urge the Members of this House, members of the public and the concerned entities to read this Report word by word, including the recommendations we have made in order for us to move this country forward.

An issue of serious concern to this Committee is weak internal controls. We could not understand why some Ministries would have weak internal controls. Very good recommendations were made. I am sure that if we follow the recommendation of the PAC of the Eleventh Parliament, we will be able to move forward as a country.

I want to thank all Members of Parliament because I have not heard of any Member who has opposed the adoption of this Report. This shows that hon. Members have confidence in the PAC. Let us protect Parliament and the Government. Let us consider the recommendations that have been made by the PAC as we run this country.

Date 3rd March, 2015

Member of Parliament: Hon. (Ms) Sunjeev

Contribution She Made On: ADOPTION OF PAC REPORTS (2010/2011; 2011/2012; 2012/2013)

Hon. (Ms.) Sunjeev: Thank you, hon. Speaker, for giving me the opportunity to once again contribute to such an important Report. We, the citizens of this country, need to be told the truth even though sometimes the truth can be bitter. I appreciate the work that this Committee has done. I have gone through this Report. I have looked at the summary as well as the voluminous Reports that have been tabled. It is mind boggling for somebody to understand all these figures. The truth of the matter is that facts have been laid on the Table. These facts point to the level of misappropriation, corruption and things being hidden behind curtains. It is unfair because people are not being told the truth. Therefore, I commend the Chair of this Committee, hon. Ababu Namwamba, who has tabled this Report.

Hon. Temporary Deputy Speaker, what has been said in this Report is that about 98.43 per cent of the information provided to the Committee by the Ministries is either misleading or incomplete. What are we saying? We are saying that a large proportion of the revenue that has been collected has not been accounted for, and is not there. This Committee has had the brave task of bringing the matter to the Floor of this House. Therefore, it is important for us to recognize the work and the hours that this Committee has put into this Report. I find it very difficult to accept that there has been excessive expenditure in the year 2012/2013 without the approval of Parliament. This is also something that needs to be looked into. How do we accept that there are things going on and we kind of move on with the notion of accepting things the way they are when in real sense something needs to be done about it?

I also noted with concern that the highest imprest expenditure came from the Ministry of Youth Affairs and Sports which is really shocking in the list. This is what I have to say. Yes, we must look into this Report. We all must read through it but we must also know the repercussions of accepting this Report. We must also chart the way forward for the sake of our citizens. Therefore, in as much as I support this Report, I am also of the opinion that we must reflect as hon. Members of Parliament on what exactly we are going to do with these figures. If there is truth or a lie in it, let us dig deeper. I would only urge the Committee that they should keep up with the good work that they are doing and perhaps for some time we need to forget about the politics that is revolving around it. This is the money of citizens. It is the life of our people and at the end of the day; this is the development of our country that we are looking at.

Date 4th March, 2015

Member of Parliament: Hon. Shebesh

Contribution She Made On: THE CHILDREN (AMENDMENT) BILL

Hon. (Ms.) Shebesh: Thank you, hon. Temporary Deputy Chairman. The issue of unconstitutionality is a very sensitive discussion. I would request that we understand the import of what hon. Mule wants to do vis-a-vis what hon. Kaluma wants to do. You need to guide the House because, as I speak, apart from the lawyers who can, maybe, quickly catch what is at stake here, we need to honestly understand. So, once you have listened to both sides, I would urge you to give your position on the import of the amendment. For example, what would the deletion mean to hon. Kaluma’s amendment?

Date 4th March, 2015

Member of Parliament: Hon. Shebesh

Contribution She Made On: THE CHILDREN (AMENDMENT) BILL

Hon. (Ms.) Tuya: Hon. Temporary Deputy Chairman, I stand to oppose the proposal to delete clauses 2, 3, 4 and 5 of the Bill as proposed by hon. Kaluma. You will realise that what we are speaking to is a constitutional issue and the Constitution is very clear. I wish to allay fears. We might be having a mix-up, and thinking when we talk about parental responsibility we are talking about custody of the child. These are two different things. When it comes to custody of the child, the law is very clear. It has to go through a legal process where the best interests of the child are given primacy. What hon. Kaluma’s amendments intend to do is to align the Children Act with the Constitution, and also make sure that the prevalence of irresponsibility - I do not want to say that irresponsibility is with any one parent - when it comes to care of children is a thing of the past.

On that basis, I oppose the amendments proposed by hon. Mule. Maybe the challenge we are having here is the Mover of the amendment. We should forget what we know about hon. Kaluma and the very serious issue of parental responsibility, which we want to align with our Constitution. Thank you, hon. Temporary Deputy Chairman.

Date 4th March, 2015

Member of Parliament: Hon. Shebesh

Contribution She Made On: THE CHILDREN (AMENDMENT) BILL

Hon. (Ms.) Chae: I support the amendment that has been proposed by hon. Mule. Marriage is an institution that I and my partner agree to get into. Once we have entered that institution then we cannot delegate responsibilities thereof. It is automatic and moral. It is a moral right that the child has to be taken care of by both of us. I want us, as a House, to think of a situation where--- You know marriage is not a bed of roses.

Date 4th March, 2015

Member of Parliament: Hon. Shebesh

Contribution She Made On: THE CHILDREN (AMENDMENT) BILL

Hon. (Ms.) Chae: If you listen to me as a mother, you will see where I am coming from and where we are going. They are following each other from Clauses 2, 3 and 4 going down. After all these have been passed and then you tell me to confine myself to Clause 4, and then I will not be relevant. I have to state what I was saying.

With regard to parental responsibility, why are we opening a way for people to separate or divorce, and then be signing agreements? When I accept to marry you and then we have kids, it is automatic that we need to take care of the interests of our child.

Date 4th March, 2015

Member of Parliament: Hon. Shebesh

Contribution She Made On: THE CLIMATE CHANGE BILL

Hon. (Ms.) Abdalla: Hon. Temporary Deputy Chairman, I beg to move:- THAT, the Bill be amended by deleting clause (3) and substituting therefor the following new clause- 3. (1) This Act shall be applied for the development, management, implementation and regulation of mechanisms to enhance climate change resilience and low carbon development for the sustainable development of Kenya. (2) Without prejudice to the sub-clause (1), this Act shall be applied in all sectors of the economy by the national and county government to- a) mainstream climate change responses into development planning, decision making and implementation; b) build resilience and enhance adaptive capacity to the impacts of climate change; c) formulate programmes and plans to enhance the resilience and adaptive capacity of human and ecological systems to the impacts of climate change; d) mainstream and reinforce climate change disaster risk reduction into strategies and actions of public and private entities; e) mainstream intergenerational gender equity in all aspects of climate change responses; f) provide incentives and obligations for private sector contribution in achieving low carbon climate resilient development; g) promote low carbon technologies, improve efficiency and reduce emissions intensity by facilitating approaches ad uptake of technologies that support low carbon, and climate resilient development; h) facilitate capacity development for public participation in climate change responses through awareness creation, consultation, representation and access to information; i) mobilize and transparently manage public and other financial resources for climate change response; j) provide mechanisms for, and facilitate climate change research and development, training and capacity building; k) mainstream the principle of sustainable development into the planning for and decision making on climate change response; and l) integrate climate change into the exercise of powers and functions of all levels of governance, and to enhance cooperative climate change governance between the national government and county governments;

(3) The rights and duties conferred under this Act are in addition to those conferred by any other law.

The import of this is to give further details on the specific objectives of the Bill and to be in line with the National Climate Change Policy. It is also to recognise that climate change is a cross- cutting issue to be implemented at national and county levels.

Date 4th March, 2015

Member of Parliament: Hon. Shebesh Contribution She Made On: THE CLIMATE CHANGE BILL

Hon. (Ms.) R. K. Nyamai: Thank you, hon. Temporary Deputy Chairman. I rise to support the amendment as presented by the Chair of the Departmental Committee. The purpose of this amendment is mainly to align the existing Act with the constitution, and be alive to the fact that matters of climate change should be taken care of within the national Government as well as within our counties. The amendment also seeks to align the law with the policy that is already in place.

Part II

Date 4th March, 2015

Member of Parliament: Hon. Shebesh

Contribution She Made On: THE CLIMATE CHANGE BILL

Hon. (Ms) Abdalla: Hon. Temporary Deputy Chairman, I beg to move:- THAT, the Bill be amended in the heading of Part II by deleting the words “ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL CLIMATE CHANGE COUNCIL” and substituting therefor the words “POLICY, COORDINATION AND OVERSIGHT” Hon. Temporary Deputy Chairman, with the amendment to Clause 3, that establishes the council, we want to amend the title of PART II to read “Policy Coordination and Oversight”, so that it is clearer because the functions and powers have already been dealt with under PART III.

Clause 4

Date 4th March, 2015

Member of Parliament: Hon. Shebesh Contribution She Made On: THE CLIMATE CHANGE BILL

Hon. (Ms) Abdalla: Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 4 of the Bill be amended─ (a) in sub-clause (1) by deleting the word “a” and substituting therefore the words “an unincorporated”; (b) by deleting sub-clauses (2) and (3) and substituting therefor the following new sub-clauses─ “(2) The Council shall be chaired by the President. (3) The Cabinet Secretary for the time being responsible for environment and climate change affairs shall be the secretary to the Council. (4) The directorate established under this Act shall serve as the secretariat to the Council.”

Hon. Temporary Deputy Chairman, this is intended to appreciate the high level support that climate change requires. We are seeking to amend this clause to reflect the same and secure a definition.

Clause 5

Date 4th March, 2015

Member of Parliament: Hon. Shebesh

Contribution She Made On: THE CLIMATE CHANGE BILL Hon. (Ms.) Abdalla: Hon. Temporary Deputy Chairman, I beg to move:- THAT, the Bill be amended by deleting Clause 5 and substituting therefor the following new clause─ “(5) The Council shall provide an overarching national climate change coordination mechanism and shall─ a) ensure the mainstreaming of the climate change function by the national and county governments; b) approve and oversee implementation of the National Climate Change Action Plan; c) advise the national and county governments on legislative, policy and other measures necessary for climate change response and attaining low carbon climate resilient development; d) approve a national gender and intergenerational responsive public education and awareness strategy and implementation programme; e) provide policy direction on research and training on climate change, including on the collation and dissemination of information relating to climate change to the national and county governments, the public and other stakeholders; f) provide guidance on review, amendment and harmonization of sectoral laws and policies in order to achieve the objectives of this Act; g) administer the Climate Change Fund established under this Act; and, set the targets for the regulation of greenhouse gas emissions.

Hon. Temporary Deputy Chairman, the amendment is intended to streamline the functions of the climate change policy to be a policy coordination and oversight. That is the import of the amendment to Clause 5.

Clause 6

Date 4th March, 2015

Member of Parliament: Hon. Shebesh

Contribution She Made On: THE CLIMATE CHANGE BILL

Hon. (Ms.) Abdalla: Hon. Temporary Deputy Chairman, I beg to move:- THAT, the Bill be amended by deleting clause 6. Hon. Temporary Deputy Chairman, with the amendment to Clause 4 that changes the institution from a ‘board’ to a ‘council’, it means that the Council is not a body corporate. Therefore, Clause 6 is no longer necessary.

Date 4th March, 2015

Member of Parliament: Hon. Shebesh

Contribution She Made On: THE CLIMATE CHANGE BILL

Hon. (Ms.) Abdalla: Thank you, hon Temporary Deputy Chairman. To give clarification, the initial thought of the Mover was to set up a body corporate with a Chief Executive Officer (CEO) who would run the Council. We felt after long consultations with all the stakeholders that the Council needs to be a body that gives policy direction. The secretariat of that Council must be domicile in the Ministry responsible for climate change. Therefore, we are forming a secretariat with a director employed under the public service, who is going to be the person responsible for the day to day issues. That means that the Council will not be a body corporate. Because of the restructuring of the entire process there was no need for this Council to remain a body corporate. The issue was, if we made it a body corporate we would have established another parastatal, yet the Jubilee Government has been working towards reducing them by amalgamating the existing ones. To deal with that, we made it part of a secretariat of a Ministry, rather than having a new parastatal set up.

Date 4th March, 2015

Member of Parliament: Hon. Shebesh

Contribution She Made On: THE CLIMATE CHANGE BILL

Hon. (Ms.) R.K. Nyamai: After the explanation given by the Chair of the relevant Committee, hon. Amina Abdalla, I feel that the best way---. I support the amendment that she has presented. We do not need to have parallel institutions drawing funds from the Exchequer. The best way is to have an institution which is under the Public Service Commission instead of having a Council parallel to the PSC.

Clause 7

Date 4th March, 2015

Member of Parliament: Hon. Shebesh

Contribution She Made On: THE CLIMATE CHANGE BILL

Hon. (Ms.) Abdalla: Hon. Temporary Deputy Chairman, I beg to move:- THAT, the Bill be amended by deleting Clause 7. It follows from the deleted Clause 6 that the guiding principles of a board are no longer necessary. It is a Council. Our new Clause 3A will be providing for the principles of the Council.

Clause 8

Date 4th March, 2015

Member of Parliament: Hon. Shebesh Contribution She Made On: THE CLIMATE CHANGE BILL

Hon. (Ms.) Abdalla: Hon. Temporary Deputy Chairman, I beg to move:- THAT, the Bill be amended by deleting Clause 8 and substituting therefor the following new clause─ 8 (1) The Council shall comprise not more than nine members who shall be appointed by the President. (2) The Council shall be constituted as follows─ a) the Cabinet Secretary responsible for Environment and Climate Change Affairs; b) the Cabinet Secretary responsible for the National Treasury; c) the Cabinet Secretary responsible for economic Planning; d) the Cabinet Secretary responsible for Energy; e) the chairperson of the Council of Governors; f) a representative of the private sector; g) a representative of the civil society; h) a representative of the marginalised community within the meaning on Article 260 of the Constitution; and i) a representative of the academia nominated by the Commission for University Education. (3) A person shall be appointed under subsection (2) (f) (g) and (h), if the person has expertise and experience in matters of climate change, economy, finance, law, environment and public administration. (4) The names of persons nominated for appointment under subsection (2) (f), (g), (h) and (i) shall be submitted to the National Assembly for approval.

(5) Except for members appointed under clause (1) (a),(b), (c) ,(d) and (e) each person shall be qualified for appointment as a member of the Council if such person─ a) is a citizen of Kenya; b) fulfils the requirements of Chapter 6 of the Constitution; and c) has at least ten years’ experience in the relevant field. (6) The president shall in the appointment of members ensure compliance with the two thirds gender principle. (7) The Council shall, at its first sitting, ballot to determine which of the members appointed under subsection (1) (f) to (i) shall serve for a two year term to ensure pro rata succession of membership. (8) The Council may co-opt members with relevant expertise when needed to advise on specific matters. (9) The Council may from time to time establish committees for the better carrying out of its functions. (10) The members of the Council shall be paid such allowances as the Salaries and Remuneration Commission may determine. (11) The Council shall meet at least four times in a year. (12) Except as provided in sub-clause (7) the membership of the Council shall be for a term of three years and renewable once. This is because the board has been deleted and instead the provision provides for membership to the Council. This amendment also deals with the nature of the representation from the different levels of Government and other interest groups.

NOTICES OF MOTIONS

Date 4th March, 2015

Member of Parliament: Hon. Shebesh

Contribution She Made On: ADOPTION OF BUDGET POLICY STATEMENT 2015 Hon. (Ms.) Otucho: Hon. Speaker, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Budget and Appropriations Committee on the Budget Policy Statement (BPS), 2015 laid on the Table of the House on Wednesday, 4th March 2015.

STATEMENT

Date 4th March, 2015

Member of Parliament: Hon. Abdalla Contribution She Made On: GUIDANCE SOUGHT ON CONDUCT OF MEMBERS IN PAC

Hon. (Ms.) Abdalla: Thank you, hon. Speaker. I am actually at a loss on the direction that this debate is beginning to take, especially in relation to some of the recommendations that hon. Midiwo and hon. A.B. Duale have raised and the fact that they are asking you for direction on privileges relating to conduct of members from their coalitions. It is their job to deal with the conduct of their members in those Committees especially because they have print outs. For them to bring this debate is to reopen a matter that is within their powers as leadership of the two coalitions.

Sometimes I wonder why you would want to take jobs that people should do on their own. Hon. Speaker, if I was sitting on your chair, I would advise that the leadership of CORD and Jubilee should deal with that matter of privilege. If it defeats them, then they should take it to the Powers and Privileges Committee. However, to come and raise issues here that some of us do not even know apart from what we read on the newspapers is a bit unfair. We have accusations of rent seeking and the newspapers are talking about corruption in this House. These are matters that the leadership and the Powers and Privileges Committee should deal with rather than having a session in this House to spend valuable time discussing privileges which is the responsibility of leadership.

Secondly, I want us to deal with the question that hon. Ochieng has said. This is about two Committees dealing with the same issue. Again, this is a leadership issue. No Committee chair writes to anybody to be invited to the House. It is done by leadership. So, the administrative part of the leadership which writes these letters should sort that out. To sit here and debate something that we cannot find a solution to and people are not doing their responsibility, is actually giving opportunity to ventilate--- If I am left to ventilate as a politician, I will say things in my mind that are not necessarily true but are going to give me “Bonga points”. So, I think people have already received enough “Bonga points” on this matter. If you are going to do a ruling on this, you also need to apportion responsibility to leadership. One of the things that hon. Midiwo has raised about the leadership of these watchdog committees, which are being led by the coalition in the Opposition, is a matter that was debated during the Standing Orders. Whereas in the past the leadership of the Opposition would be in the House, now we are dealing with those who are unable to make it to the House. This is because the presidential candidate in the Opposition is not here. So, for you to say that it is the leadership, then it was your responsibility to take hon. Nyenze to PAC or PIC and then expect him to be elected, not for you to come back and say that because the Standing Orders do not allow you, you would not be able to have your leadership there. Sort it out administratively by having your leaders in the Committee. They do not necessarily have to change the Standing Orders.

Hon. Speaker, you will remember that in the 9th Parliament when President Uhuru Kenyatta was the leader of the Opposition, FORD(P) presented hon. Magara. He defeated President Uhuru Kenyatta and we did not change the Standing Orders for President Uhuru Kenyatta to be the chair in the next year. He was in that Committee and the members were impressed by him and they elected him.

So, sort it out. Bring the person you want in that Committee rather than ventilating about Standing Orders which you have powers over.

Date 4th March, 2015

Member of Parliament: Hon. (MS.) Munene

Contribution She Made On: GUIDANCE SOUGHT ON CONDUCT OF MEMBERS IN PAC

Hon. (Ms.) Munene: Thank you, hon. Temporary Deputy Speaker for giving me the opportunity to support this Motion. I support Boinnet’s appointment. He has been in the police force and knows the problems of the police. I beg him, once he is appointed, to make sure that when police officers are called somewhere, their cars have petrol. They need to be provided with proper facilities to serve the public.

We have a big problem of insecurity. If you go anywhere in this country, even in hotels like the Mount Kenya Hotel, there are no tourists. They fear for their security. We are not here as tribes, but as national leaders. I am sorry for the Member who spoke before me and talked about Nyeri. We are all Kenyans and we should not think about certain places. We are here to support ordinary Kenyans, who are suffering very much.

We have big problems because police officers have relaxed in their jobs. They do not have proper facilities and live in deplorable conditions. Mr. Boinnet is very experienced and is aware of the police problems. Therefore, he is going to improve the living conditions of the police officers. We have three police officers living in one mabati house. Some of these officers have wives in these houses while the others do not have wives. These officers will not perform. They think that we have neglected them, yet we want them to secure us. We should have a provision in the Budget to provide them with proper facilities. We should provide Mr. Boinnet with funds to enable him to improve the living conditions of the police force. If you have a farm and you do not have a fork jembe to cultivate that land, you will not harvest anything. We all know the problems in the police force.

Mr. Boinnet is aware of the problems in the Rift Valley and he is going to do a lot of work. I support him and I know that God is going to help him, because he is a Godfearing man, to make a difference in this country. I support the Motion.

MOTION

Date 5th March, 2015

Member of Parliament: Hon. (Ms) Ghati

Contribution She Made On: THE PUBLIC PROCUREMENT AND DISPOSAL (AMENDMENT) BILL

Hon. (Ms.) Ghati: Thank you very much, hon. Speaker. Allow me to support the amendments by the Senate. This Bill is long overdue. We have discussed it in this House. As hon. Wanyonyi says, the Senate was probably just looking at our grammatical errors here and there. Nothing much has changed. I support this Bill and those amendments because I am a woman, a youth and now a person with disability. The Senate has considered what we discussed in this House. It is high time we looked at how women, especially poor grassroots women, can access those tenders. The 30 per cent rule on tendering is not very clear, especially when it comes to women at the grassroots. Most of our women do not understand how to tender.

Information is usually not available at the grassroots. How do they prequalify? How do they put in their requests? This is a challenge we have to address. Public entities and county governments should make sure that information on how to apply for those tenders is displayed publicly and loudly to reach women so that they know when those institutions call for tenders and how to prequalify.

With devolution, so many people are taking advantage of women. We have so many people who are taking Identification Cards (IDs) and so much information from women in the pretext that they are helping them to register companies. However, they end up putting their children and cronies in charge of those companies. We also need to look at and lobby the county governments. We have many women who have not registered companies because they do not know the procedures of how companies are registered. I would, therefore, propose that we make some laws that are very simple and easy to understand, especially for women. If there are registered groups, for example, from my county in a ward like North Kanyamkago or South Kanyamkago, those women groups can even access tenders using their groups’ registration certificates. That way, it becomes easier so that women with a valid group registration certificate are also able to clean the road and collect garbage. We also have the tendency to think that women, youth and people with disabilities should only get small tenders for menial work like cleaning a road instead of getting huge tenders that can improve their lives.

So, I support the amendments by the Senate. They are long overdue. They will also save the disadvantaged groups. I am happy that the Senate has considered the disadvantaged groups as very serious groups. They have clearly indicated here “disadvantaged group”, “women”, “people with disability” and the “youth”. For a long time, those groups have been ignored and sidelined. Now that that it is very clear, we are getting there. With those few remarks, I wish to support the amendments. I wish to congratulate the Senate for supporting this Bill. Thank you.

Date 5th March, 2015

Member of Parliament: Hon. (Ms) Shebesh

Contribution She Made On: THE PUBLIC PROCUREMENT AND DISPOSAL (AMENDMENT) BILL

Hon. (Ms.) Shebesh: Hon. Deputy Speaker, I beg to report that the Committee of the whole House has considered the Senate Amendments to the Public Procurement and Disposal (Amendment) Bill (National Assembly Bill No. 31 of 2013) and approved the same without amendments. Date 5th March, 2015

Member of Parliament: Hon. (Ms) B.N. Nyaga

Contribution She Made On: THE PUBLIC PROCUREMENT AND DISPOSAL (AMENDMENT) BILL

Hon. (Ms.) B.N. Nyaga: Thank you, hon. Deputy Speaker, for giving me this opportunity to support these amendments by the Senate. I have an issue and I would like to address the concern of the youth, women and the disabled. You realise that tenders are advertised in the newspapers only. I wonder how many youth and women, particularly in the villages, can access newspapers. I would urge the procuring entities to make sure that the information reaches everyone who is concerned. This is a very important Bill. It is overdue and it is supposed to support the youth and every Kenyan who is supposed to be assisted.

Date 5th March, 2015

Member of Parliament: Hon. (Ms) W.K. Njuguna

Contribution She Made On: THE PUBLIC PROCUREMENT AND DISPOSAL (AMENDMENT) BILL

Hon. (Ms.) W.K Njuguna: Thank you, hon. Deputy Speaker for giving me this opportunity. I want to thank the Chairman for bringing this Bill and also the amendments.

This is a very important Bill which is really going to touch the people who have been forgotten for a very long time. It is very important that we make it easy for these groups mentioned here to access tenders. This is because in certain areas very hard conditions are placed, for instance, requiring women and youth to get certificates online. We know that most women and youth in this country cannot access these certificates online. Sometimes they request for bid bonds and so many other things. We want this to be done in an easy way so that it can get the change that the Government wants. Our intention should be to change the lives of these people who have been left behind.

We want to encourage the youth and the women so that they get all these tenders. We need also to do an evaluation to find out the change it is bringing to our community. So, I want to support this Bill and the amendments. This is a noble Bill and project for the Government and the people of Kenya. Indeed, it should be taken very seriously.

Date 10th March, 2015 Member of Parliament: Hon. (Ms) Musyoka

Contribution She Made On: DEVELOPMENT OF CURRICULUM FOR EMERGENCY TRAINING OF MEDICAL PERSONNEL

Hon. (Ms.) Musyoka: Hon. Speaker, I beg to give notice of the following Motion:- THAT, aware that Article 43(1)(a) and (2) of the Constitution provides for the right of the highest attainable standard of health for every person; further aware that emergency health care is an important component of standard health services; concerned that many lives continue to be lost due to lack of adequate emergency healthcare and poor response to emergencies in the country; noting that only 13 per cent of the public health facilities in the country have basic components to support emergency cases; deeply concerned that emergency patients are exposed to untrained personnel and/or good Samaritans who, in most cases, worsen the situation; cognisant of the need for the country to have a well coordinated emergency care system; this House resolves that the Government immediately develops and implements a national curriculum for emergency training of all medical personnel in the country.

MOTION Date 10th March, 2015

Member of Parliament: Hon. (Ms) Nyasuna

Contribution She Made On: APPROVAL OF THE BUDGET POLICY STATEMENT, 2015

Hon. (Ms.) Nyasuna: Thank you very much, hon. Deputy Speaker for giving me this opportunity to contribute. I would like to say that I support this Report. I want to thank members of the Budget and Appropriations Committee, led by their Chairman. This is, probably, one of the most hardworking committees of this Parliament. They do a lot of work. When you look at the Budget Policy Statement (BPS) and even the Estimates, there is truly a lot of commitment required to ensure that this House has reports in good time, and has the quality of reports that we receive. I do not belong to the Budget and Appropriations Committee but it is good to look at the other side and be thankful for the work that our colleagues are doing.

On the matter of public hearings, we were privileged in the last financial year to have public hearings in Homa Bay, and it was a good thing that something came out of those public hearings. The Tom Mboya Mausoleum will be renovated because of those public hearings. In this financial year, the Budget and Appropriations Committee has already held public hearings in very good time in Migori. We had an opportunity in Homa Bay to send our people to Migori to go and participate in those public hearings. It is our responsibility to ensure that we follow up. The public hearings cannot be in all counties but when they are in a neighbouring county, you can go and make submissions right there. Date 10th March, 2015

Member of Parliament: Hon. (Ms) Nyasuna

Contribution She Made On: APPROVAL OF THE BUDGET POLICY STATEMENT, 2015

Hon. (Ms.) Nyasuna: I was making my preliminary remarks. ,I think it is very important that when the public speaks, Parliament responds by doing something. That is the point I was trying to make right here. I was going to the point where I was saying that I do not receive, or I do not have a constituency that handles CDF money but I support it. Why? Because I see what CDF does on the ground for the people. That is the bottom line. Are our people benefitting from this?

Going into the BPS, I see that there is the point of unlocking agricultural productivity among smallholder farmers. The most discouraging thing to our people who go into agriculture is lack of markets. I see that there is a point that we have to increase access to markets. When I saw the Report of the Budget and Appropriations Committee saying that we have not received a report on the results of what happened last year, what happened to the money that we gave it? I can see why. When I look at the key performance indicators, they do not sometimes tally with what is being said. For example, when you say that you want to promote agricultural market access, then you say that your key outputs are agro-processing technologies promoted, agribusiness development centers and market prices published in daily newspapers, which among those indicators is going to show us that our farmers are getting new markets opened for them to access farm produce? So, the Ministries producing these key outputs must look at what outputs they are producing.

I want to look at the issue of markets and particularly the issue of brokers. In Homa Bay County people plant water melons, pineapples and other crops. After harvesting, however, the farmers are unable to sell. Brokers come and buy the produce at cheap prices. They then sell them at higher prices in markets that they know. This is an area that needs to be looked at as we move forward.

Hon. Deputy Speaker, I am glad that the issue of cold storage is going to be looked into. In Homa Bay, for example, fishing is a major economic mainstay. When fishermen have fished in the morning and by 3.00 p.m. they have not sold their fish, then they have to sell it at a throw away price. It is simply because they do not have storage facilities.

I note that it is intended that all secondary schools in the financial year 2015/2016 will have greenhouses programmes and everything will be brought together. That is a good thing. Students who work hard in these programmes must also benefit. So, when you work hard in the greenhouse and you harvest enough produce for sale, the proceeds from the sale of such produce should not benefit the school administration only; rather the children should also be given pocket money from the proceeds of such sales.

The Budget Policy Statement (BPS) largely focuses on youth development at the National Youth Service (NYS). In my view, we should not put all our eggs in one basket because we will spend a lot of money on NYS and focus youth development on the NYS only. What about the many other youths who are out of the NYS? We must look at how to program for the others.

Water is a major issue as has been mentioned. The idea of constructing 3,000 dams should be implemented. We should also ensure that there is water harvesting in all public institutions and homes so that we can access water. Women of Kenya and Homa Bay, where I come from, spend a lot of time searching for water.

With regard to free maternity, I see that more money has been allocated to this course. However, our county governments must pull up their socks as far as health care is concerned. This is because many of our facilities lack maternity equipment. Many mothers have to buy some of the materials needed. What is saddening for me is that the issue of the free sanitary towels programme has not featured anywhere in this programme. It has just fallen off the radar. If there is an area that I would like the Budget and Appropriations Committee to amend then it is this particular area. Bring back the free sanitary towels programme. It might be little money, but it makes a big difference in the lives of those girls who receive the sanitary towels.

Today in the Departmental Committee on Labour and Social Welfare, we received elders led by one Chibule wa Tsuma, who I think was a former Member of Parliament. They were saying that in our social protection programmes in the constituencies’ social committees, they want the elders association to produce someone to sit in that committee on behalf of the elders. They said that they would like elders to also take care of their own interests. I am glad to see that the social protection programmes have been boosted. That is a good thing.

I would also like to thank the Budget and Appropriations Committee for increasing money for the CDF and also for ensuring that the Affirmative Action Fund continues. It is a good thing and it has been done in good faith. We also want to promise that this Fund will not be in vain. We shall definitely see results.

As I conclude, I want to agree with hon. Gichigi, who talked about the additional money being given to the Ethics and Anti-Corruption Commission. We must see results for what we are giving money for.

Date 10th March, 2015

Member of Parliament: Hon. (Ms) Otucho Contribution She Made On: APPROVAL OF THE BUDGET POLICY STATEMENT, 2015

Hon. (Ms.) Otucho: On the issue of public hearings, every year we visit different counties. When we visit the same counties, we do not go to the same constituency. I was surprised when hon. Midiwo misled this House by selectively reading out Article 221 of the Constitution. He only read out the provisions on discussion and review of the Budget Estimates. Article 221(5) says that after reviewing and discussing the Estimates, we must take into consideration the views of the people and incorporate them in the Budget Policy Statement and the Appropriations Bill. How then can we do that without first incorporating such views in the Budget Policy Statement? This is the policy direction; it is the foundation upon which the National Treasury will base the draft Budget Estimates. Public hearings take place in every county. Every time we go to a county, we visit a different constituency. Even the Gotu Bridge in Isiolo is as a result of the decision of the Budget and Appropriations Committee. We can table in this House, a list of projects that we have done so far.

Date 10th March, 2015

Member of Parliament: Hon. (Ms) Muhia

Contribution She Made On: APPROVAL OF THE BUDGET POLICY STATEMENT, 2015

Hon. (Ms.) Muhia: Thank you, hon. Deputy Speaker. I am very happy that time has been on my side because this is the first Budget Policy Statement (BPS) which the women representatives are going to contribute to and they have some positive results. I am very happy for the Budget and Appropriations Committee to have considered the Women Representatives through the affirmative action. In this regard, I wish to point out the issue of the Kshs3 billion. This House has to style up and stand up beyond cheap politics. Every time people think of mischievous reasoning. Even very senior Members who should be examples to us first time Members, every time they think that some money is going to benefit a particular Member. The Members who are claiming that the Kshs3 billion will benefit Committee Members are not seeing the common mwananchi who will benefit from that money. That is why the Women Representatives have lagged behind for the last close to three years without any money because the same hon. Members have been thinking that, that money will benefit the Women Representative individually. I wish to point out that the issue having been explained by one Member from the Budget and Appropriations Committee, it is clear that this money does not belong to the Members of the Budget and Appropriations Committee. It belongs to the issues that shall be raised by the common mwananchi. Members of the Committee are not the ones to initiate programmes. The mwananchi from Nyandarua County will say they are suffering because of lack of water and they need a mega dam and then the Budget and Appropriations Committee shall allocate funds. Members who are arguing should get in touch with the few Members from Budget and Appropriations Committee and they will understand it clearly.

In the interest of time, I wish to point out that on the issue of education I did not see the Higher Education Loans Board (HELB). I was thinking that children did very well this year and I was expecting that HELB could have been in this BPS. I am wondering what the Ministry had in mind and possibly the Committee may deliberate on that later. I am very interested in the figure of Kshs235 billion. I do not know if this is a typographical error in gender based debts. It is Kshs235billion. I am not so sure if that figure may be correct or it is meant to be Kshs235million. If it is Kshs235 billion, then it is very well particularly because of the affirmative action group.

I am very happy to see persons with disability being considered for the first time in this BPS. The Policy indicates there is Kshs297.5 million to register persons with disability. In Parliament, we have a small group which spearheads persons with disability policies. At times we get opportunities to address those issues in the counties but we find a challenge because we cannot identify them as those persons have never been registered.

So this money is going to help register those people and at a glance we shall know that there are 200 people with disabilities in Homa Bay County or 1,000 in Nyandarua County. That way they will get opportunities.

Hon. Deputy Speaker, I am interested in cash transfers. This money was allocated even last year. Together with other Members, through the Liaison Committee, we went round looking for persons who are disadvantaged or vulnerable and it has been a tall order for the Members. Most of the time Members have been giving their Constituencies Development Fund (CDF) or their own money. This money has never had the administration fee component. The Ministry should capture that and possibly that money should be included in this BPS.

As I conclude, I wish to thank this Committee because they have done a very good job considering the time constraint. We were on a long recess, but they have worked round the clock. I am sure that almost everyone is happy. Let us stop the sideshows of trying to put every penny to the Constituencies Development Fund (CDF) even the money that is very obvious to the mwananchi.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) Muhia

Contribution She Made On: THE PERSONS WITH DISABILITIES (AMENDMENT) BILL

New Clause 2A Hon. (Ms.) Muhia: Hon. Chairlady, I beg to move:- THAT, the following new clause be inserted immediately after Clause 2- Access to services. 2A. (1) An institution or body offering services to the citizens shall, to enable persons with disabilities enjoy the services, avail within the institution or body, assistive devices and other equipment, including the services of a qualified interpreter for the deaf and the blind. (2) The institution or body under section 21A shall disseminate to the public information regarding the availability of sign language interpreters for the deaf and the blind within the institution, or certain branches or regions of the institution.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) Muhia Contribution She Made On: THE PERSONS WITH DISABILITIES (AMENDMENT) BILL

Hon. (Ms.) Muhia: Hon. Chairlady, this New Clause 2A intends to ask institutions like Kenyatta National Hospital (KNH) to have a desk with an interpreter so that if a deaf person visited them, they can be assisted. In police stations, they can put a desk aside so that in case a deaf person is arrested, an interpreter is availed. Time and again, those people have suffered because of not being able to communicate well.

Under Section 21A, that institutional body shall disseminate to the public information regarding the availability of sign language interpreters for the deaf and facilities for the blind person within the institution. This will include banks. For instance, we have the Kenya Commercial Bank (KCB) or Equity Bank. They can set aside their Moi Avenue branches where an interpreter can be located. All deaf persons within Nairobi can then go to that branch. If it is Kitale, they can possibly go to Kenyatta or whichever branch that is designated. This information should be availed to them so that they are not stranded in the country not knowing where they can get services. So, the new clauses intend to give information to persons with disabilities, specifically the deaf and the blind, on where they can access services. It has been very difficult particularly in hospitals for doctors or nurses who have no sign language knowledge at all to communicate with deaf persons. I know of one case where one person was mis-diagnosed and treated for the wrong disease. One may say he or she is suffering in the stomach and possibly, it is the appendix. But the doctor cannot understand.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) Nyasuna

Contribution She Made On: THE PERSONS WITH DISABILITIES (AMENDMENT) BILL

Hon. (Ms.) Nyasuna: Hon. Chairlady, first of all, I want to thank hon. Wanjiku Muhia for bringing this Bill. To deal with the issue of implementation, I want to propose that since public institutions are appropriated money by this Parliament, the Mover could move a further amendment to only cover public institutions. We appropriate money for public institutions and we know that people with disabilities have a right to receive services. While we cannot control so much what private institutions do given the fact that they have to deal with their own books and see if they have profit or not and if they can hire those people, we can compel public institutions to be able to provide for people with disabilities. It is in public institutions where our people receive most of the services.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) Nyasuna

Contribution She Made On: THE PERSONS WITH DISABILITIES (AMENDMENT) BILL

Hon. (Ms.) Seneta: Thank you, hon. Chairlady. I want to congratulate the Mover of this Bill, which is very important. It is a constitutional right for the people with disabilities. It is in the Bill of Rights in our Constitution. It is high time we compelled the Ministry of Education, Science and Technology to introduce sign language and Braille reading within the curriculum through an amendment to the Education Act. Every citizen of this country should learn sign language at the primary level. There is no need for us to employ a specialist in this language when all of us, including mothers should have learnt sign language. You may find yourself having a child who has special needs and you do not need to employ a specialist. You need to have understood the Kenyan Sign Language from the word go.

The private sector should also be compelled to employ a specialist to give service to people with disabilities. Just like they employ the rest of the employees, they should always have a slot for a sign language interpreter to serve that group of people.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) Nyasuna

Contribution She Made On: THE PERSONS WITH DISABILITIES (AMENDMENT) BILL

Hon. (Ms.) Muhia: Thank you, hon. Chairlady. As I appreciate the Members who are concerned of the cost, it is clear that when issues of persons with disabilities are brought, we always think of the cost. I was interpreting sign language when I worked in one bank in Kenya. I learnt the language at work. It is not necessarily that it is too much cost. If they can employ the other staff, they can also employ a sign language interpreter.

For instance, the PCEA Church at Milimani has a sign language interpreter during the service. So, even the churches are going in that direction. Considering the Bill of Rights where everyone has equal rights, all institutions should be compelled to offer this service, whether they are in the private sector or the Government.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) Muhia

Contribution She Made On: THE PERSONS WITH DISABILITIES (AMENDMENT) BILL

Hon. (Ms.) Muhia: Hon. Temporary Deputy Speaker, I beg to move that the Persons with Disabilities (Amendment) Bill (National Assembly Bill No. 43 of 2013) be now read a Third Time. I also request hon. Mwaura to second the same.

Before hon. Mwaura stands, I wish to thank hon. Members most sincerely for their contribution. They have shown a lot of concern in different clauses. I want to tell hon. Members that I am committed to repealing the whole Act of persons with disabilities starting with the Education Act. I shall be doing that and asking for their support in future.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) F.I. Ali Contribution She Made On: THE PERSONS WITH DISABILITIES (AMENDMENT) BILL

Hon. (Ms.) F.I. Ali: Thank you, hon. Temporary Deputy Speaker, for allowing me to speak on this Motion. I rise to support this Motion.

I support this ranking because it is a very useful exercise. If we ask students and pupils who are here whether they prefer ranking or not, I think they would support ranking. It has been said that ranking is not good for people from marginalized counties. Where I represent, Wajir County, I strongly feel that ranking will help us and it will help people who are marginalized. When you rank schools and students, we profile properly areas where there is strength and weakness. As I speak, as a Member of Wajir County, I do not know the rank of my county in terms of its performance.

Sometimes one of the ways to demotivate people who perform is to conceal information and deny sharing of information. Ranking is important for parents, pupils, students, communities and regions. Why I am supporting that is because ranking will help institutions which aim to achieve quality performance. I am sure that if we had adhered to the results and the analysis of ranking where the Ministry aimed to reform schools that have poor performance, those schools would have performed better. We should differentiate between what the State has failed to do and the importance of ranking.

I strongly support ranking because it motivates individuals, parents and regions to effectively compete with each other. In this Parliament, every day we see some element of ranking in terms of who speaks more and who does not speak. Some of us who speak less feel challenged to organize ourselves to speak more and to speak with substance. I strongly support.

Hon. Temporary Deputy Speaker, I am really worried by the way the Ministry has not engaged stakeholders on whether to abolish ranking or to sustain ranking in this country. We do not need to downplay why we need to do ranking all over the world or particularly in Kenya. I have received many text messages from my electorate to support ranking. They strongly feel that the abolishment of ranking is to conceal their concerns and failures of the State in addressing the poor performance of the marginalized counties. Sometimes we feel that this decision is to conceal information of the ugly and dire situation of regions, schools and pupils who do not perform well. We have stopped ranking for this examination period, 2014 results, but what has it achieved? The only thing it has achieved is that we are feeling that we do not know which school has performed best in the public domain but the schools know which position they are. They know that maybe Alliance High School was the best. They know Kenya High was number five because all the students who performed the best are from those schools. It is an indirect way of ranking schools. The other thing is that we should demand for reinstatement of ranking. We should also demand from the national Government which has the mandate of education to use the result of ranking to address and reform those concerns that deny certain regions and schools good performance. It should not be to hide under the carpet and say that ranking is bad. Ranking is good. It is useful and it motivates parents and students. Where there is no ranking, then we are all dead. In the past when results were out, we used to see my county, Mandera and Wajir County at the bottom and leaders would converge quickly and ask “what do we do?” Now we do not know. We are not taking any interest because we assume that ranking has resolved certain pressure from leaders.

I support this Motion of reinstating ranking. The Ministry of Education and the Cabinet Secretary (CS) should be held accountable for taking decisions that are not consultative. He has not consulted widely with stakeholders, parents and affected children. Sometimes the policy makers and people who want to reform systems should not be authoritarian to make decisions that affect an entire nation.

MOTION

Date 11th March, 2015

Member of Parliament: Hon. (Ms) Otucho

Contribution She Made On: APPROVAL OF THE BUDGET POLICY STATEMENT, 2015

Hon. (Ms.) Otucho: Thank you, hon. Speaker. The hon. Member has just alleged that public hearing is not a programme. I know there are accountants in this House just like myself. You must make a provision for every expenditure that you intend to undertake. The stage at which we are at the moment is the policy direction. We are simply trying to anchor our intentions in the policy at the policy stage. To say that public budget hearings are not programmes is wrong in the sense that, by the time the Budget estimates are drafted, the Budget and Appropriations Committee will be seized of the public hearings. The projects that we intend to undertake are already known. They will be appearing in the Budget estimates as specific programmes with defined outputs. So, alleging that it is not a programme is wrong in itself.

What I want to say as to the amendments proposed by hon. (Eng.) Gumbo is that he will have to explain or interpret to us the meaning or the import of Article 221(5). Why should we be told that the recommendations of the public should not be incorporated in the budget statements? The Budget and Appropriations Committee must be seen to have done something about the views of the public. Hon. Members, we are forgetting too fast. This House has been called and branded names from pigs to anything. When we begin talking of taking another Kshs3billion and adding it to the CDF, then we are not being realistic and honest with ourselves. Yes, let the money be appropriated by the Ministry to the budget hearing projects. That is my contribution. Thank you.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) F.I. Ali

Contribution She Made On: APPROVAL OF THE BUDGET POLICY STATEMENT, 2015

Hon. (Ms.) F.I. Ali: It is very unfortunate that this Bill has stayed for too long and many events have taken place. Hon. Temporary Deputy Chairman, personally, I opposed this deletion on the grounds that we are all extended families and we live in large families. This deletion might cause a lot of suffering to people who are likely to be abused in the set up of large and extended families. In my context, I think all this deletion will affect anyone who might be violated and abused at the domestic level because of that extended family scenario. I oppose the deletion of all the sections in Clause 4(1)(b), (d), (e), (f), (g) and (h). I want it to be retained.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) F.I. Ali

Contribution She Made On: APPROVAL OF THE BUDGET POLICY STATEMENT, 2015

Hon. (Ms.) F.I. Ali: Thank you, hon. Temporary Deputy Chairman. I would like to oppose deletion of Clause 5(1) (a) because this law--- Many of you have been talking about nuclear families, but many of our communities are in an extended family set up. When you talk about domestic compound or set up, you might think that it is few families. However, where I come from, extended families at the domestic level are bigger and wider.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) F.I. Ali

Contribution She Made On: APPROVAL OF THE BUDGET POLICY STATEMENT, 2015

Hon. (Ms.) F.I. Ali: Yes. We need to understand that when you are an estranged spouse, you are still married; you have not divorced and you still have a relationship. Sometimes, you can have a grace period to reconcile and could be living in the same compound to build the relationship.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) F.I. Ali

Contribution She Made On: APPROVAL OF THE BUDGET POLICY STATEMENT, 2015

Hon. (Ms.) F. I. Ali: Hon. Temporary Deputy Chairman, this proposal is meant to protect people against domestic violence. It is not just on police who can beat your son on the streets. I want to oppose this amendment because at the Committee level, this was highly supported by everybody. It was not part of the deletions proposed by the Chairman.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) F.I. Ali

Contribution She Made On: APPROVAL OF THE BUDGET POLICY STATEMENT, 2015

Hon. (Ms.) F.I. Ali: Hon. Temporary Deputy Chairman, I am opposing this proposal because the provision is very useful for the police to intervene to save the affected persons. This law is made for the long-term. It is not just about when our police are corrupt or not effective. This is for long-term purposes. We need an urgent intervention of the police in case of domestic violence. This section is very relevant for that circumstance.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) Changorok

Contribution She Made On: APPROVAL OF THE BUDGET POLICY STATEMENT, 2015

Hon. (Ms.) Changorok: Hon. Temporary Deputy Chairman, I want to support the deletion as moved. If you want to report a crime and you want the offender to be charged, you take it straight to the police and it is acted upon. I support the deletion as mentioned.

Date 11th March, 2015

Member of Parliament: Hon. (Ms) A.W. Ng’ang’a

Contribution She Made On: APPROVAL OF THE BUDGET POLICY STATEMENT, 2015

Hon. (Ms.) A.W. Ng’ang’a: Hon. Temporary Deputy Chairman, I also support the deletion so that we can avoid conflict between the national Government and the county governments. If we are going to have that Committee, then things are going to be easier.

MESSAGE

Date 12th March, 2015

Member of Parliament: Hon. (Ms) Abdalla

Contribution She Made On: NOMINATION FOR APPOINTMENT AS JSC COMMISSIONERS

Hon. (Ms.) Abdalla: Thank you, hon. Speaker. I beg to support the Motion as amended.

Hon. Speaker, yesterday, I was burning to contribute because as the saying goes, the majority would always have their way as the minority have their say. I was in the minority yesterday afternoon, but since the matter has since been overtaken by events and the Budget and Appropriations Committee has agreed with hon. Gumbo, let me deal with other issues of importance to my Committee and then I will address the very popular issue of transferring the Kshs3 billion to the CDF.

Given the debate of the Ksh3billion, we may have left out some very important issues. Having listened to hon. Jakoyo and hon. Onyonka yesterday, it is important that I raise these issues because it is clear that some of us are stuck in the old Constitution. We are not appreciating and embracing our role in the Budget making process. During the leadership meeting in Mombasa, hon. Noor mentioned that Parliament was cheating itself that we were doing the Budget. I reprimanded hon. Noor by telling him that if he had not succeeded in changing things in the Budget lines that he was in charge of, the fault was his. However, having heard what the Budget Committee has done, about not raising ceilings; I think we are losing the plot and our role of the Budget making process.

Hon. Speaker, in your Communication on Tuesday, you informed us that we needed to monitor the Budget implementation of public institutions. I want to give a very valid example to illustrate why we are not taking our role as seriously as we should and why the Executive does not appreciate that we have Budget making powers, under the Constitution. There is an institution which has not been given money for salaries for the last three Supplementary Estimates. Every time we have Supplementary Budget, they ask us to give money to that institution. When we were reviewing the Budget Policy Statement (BPS), we asked: “Have you allocated to this institution” and they said: “No”. We said: “If you have not allocated money to your own institution, we do not want to be doing your job of adding Supplementary Budget to this institution over and over again.”

So, we, as a Committee, proposed to the Budget and Appropriations Committee to allocate money to that institution, so that they do not have a justification for coming to us for Supplementary Budgets in the future. We are told not to burst the ceilings yet the Ministry will later on come back and ask us to give the particular institution money.

Date 12th March, 2015

Member of Parliament: Hon. (Ms) Abdalla Contribution She Made On: NOMINATION FOR APPOINTMENT AS JSC COMMISSIONERS

Hon. (Ms.) Abdalla: Hon. Speaker, I am sorry. I must be going back to the days when he was a Minister. That is probably why I was confused and I started to answer for him.

Hon. Speaker, I have three serious issues I want to speak to. Therefore, I will not get into the debate of answering hon. Nyenze. We are claiming that we are doing programme-based budgeting. If you left out a recurrent cost in your programme, would you be able to transfer that mistake in three subsequent Budgets, unless you are doing incremental budgeting? That is why I am saying we will ask for the bursting of their ceilings when they leave out things that are important.

On the issue of monitoring the Budget implementation process, it is not even an issue of monitoring the process. We are monitoring the targets they are claiming they want to achieve. For some of us, we have been very diligent at following some of the targets, especially where targets relate to national Government function. Let me give this House an example. It is the role of the national Government function to increase the storage capacity in the water sector. In the Budget Policy Statement, the Ministry of Environment, Water and Natural Resources had said that they were going to add 2.4 billion cubic meters of water storage capacity in 15 years. However, in their Medium Term Framework (MTF) paper, they have indicated that they are going to add 50 million cubic meters of water. The Budget Policy Statement that was presented shows that the money allocated to the Ministry for water storage is for only two million cubic metres.

Hon. Speaker, currently, the next source of money for water storage is what comes from devolution. That will cover 16million cubic metres. The rains are starting next week yet the money has not been released. Therefore, the Budget of the 2014/2015 Financial Year will do only 4 per cent of the annual targets that the Ministry has given us. Let us look at what the Ministries tell us during the Supplementary Budget and the targets that they give us. They do not match. Therefore, we raise the needs to make them match with their targets – which end up raising their ceilings. If we do our Budget oversight role properly, we should note that some of the Ministries’ budgetary proposals are theoretical. They know that Members of Parliament are too busy to look at their targets and care about the sources of the monies for implementation of the proposed activities. That is why we end up saying that they need to burst their ceilings.

I am saying this in relation to some of the things that they have cited. For us as a House to come and say that we are only adding to oversight institutions and not to the institutions that we are overseeing, then the many hours that we are spending looking at these budgets and the reports from the Auditor- General are a waste of time.

Another issue is the timeliness of this review process. One of the major oversights that we have been following as a Committee has been on duty waiver for a radar at the Meteorological Department. This is one of the Anglo-Leasing projects that have now been cleared and this radar has been sitting at Kenya Ports Authority (KPA) for the last five years. All we asked in the last budget process is for the Treasury to ask Kenya Revenue Authority (KRA) to waive this so that the radar can be used. Chairs do not have time to sit and wait for the Permanent Secretary (PS) Treasury to come and give his explanation.

The Constitution of Kenya was passed in 2010. That is when we were told that everybody must pay tax including Government institutions. However, this radar arrived in 2006. So, the constitutional excuse being given by the PS is retroactive to this matter. Therefore, if we had time and the period the document was tabled to when it was reviewed, we would be able to deal with the matter. Today they are going to say that they will not give a duty waiver on a matter that came before the new Constitution. That is the law of retroactivity.

The Treasury people are not sitting here. We are just talking to ourselves and unless we do what hon. Wamunyinyi has done to the Salaries and Remuneration Commission (SRC), we will just be a talk shop the way we were before the Constitution was promulgated. Those are the issues in relation to my Committee.

Let me talk about the issues that touch on the minority including the nominated colleagues. I am a minority on this devolved fund issues. We must accept that whether we bribe the Senate and the Women Representatives, it will not change the constitutionality of Constituencies Development Fund (CDF). Let us look at this thing in a more broad way. The problem of CDF is a structural problem. We need to sit down and stop having this thing that anytime somebody says something that you do not agree with, you start clicking and complaining. It is important---

Date 12th March, 2015

Member of Parliament: Hon. (Ms) Abdalla

Contribution She Made On: NOMINATION FOR APPOINTMENT AS JSC COMMISSIONERS

Hon. (Ms.) Ombaka: Thank you very much, hon. Speaker, for this opportunity. First, let me take this opportunity to appreciate the fact that an Affirmative Action Fund has been included in this BPS. It is a Fund that has never been there. The 47 Women Representatives have suffered greatly because they have had nothing to implement on the ground. Now this has come and we feel great. We feel, however, that a lot of improvement can be done. We have been allocated Kshs2.1 billion which, if you calculate very well, means that every constituency that we represent will get at least Kshs7 million. I feel that Kshs7 million is far too little to manage a constituency and that a little increment would have been realistic in this context.

That is why this morning I tried my best to influence the Committee to give us an additional Kshs1 billion so that if it is spread across the county every constituency would have Kshs10 million. I thought this could be taken from anywhere. There is so much money that is spread around from which we can get Kshs1 billion. It is not too late because amendments can be made. However, my observation is that we should continue to allocate funds to areas that we feel have not performed very well in the past. There are some monies for completion of Jua Kali sheds under the Economic Stimulus Programme (ESP). We have allocated Kshs225 million for that.

One of the activities that we will be undertaking is putting up sheds in market places. This would be a kind of duplication and we may need to lift this money and push it to the Women Fund. This is a realistic thing for the women to do when it comes to putting up sheds in markets. Therefore, the Kshs225 million, in my view, would be better placed under the affirmative action to boost the work that they are going to do in terms of putting up sheds in markets places.

Generally, in my view, the Budget has not addressed the issue of poverty in a practical manner. That is why the Affirmative Fund is more practical because among the things that the Women Representatives are going to undertake is to establish cottage industries. If you look at the village set up, many little industries keep coming up but the Government has never allocated money to improve them. Pottery and bead making are some of the areas that will fall under the cottage industry, which requires a little bit more money and training so that the youth and the women who are involved in them could have better skills to uplift their work to generate funds.

Another thing that has never been addressed in the Budget is issues that deal with health. In a context such as alcohol and drug abuse, this has been left behind. Now, women are going to handle alcohol and drug abuse and gender-based violence. They will also establish centres where counseling and rehabilitation can take place. They will also put up centres where victims of violence can have shelter and be looked after while they wait for their cases.

Part of the work of this Fund will be to promote sports and cultural activities. There is a Ministry of Sports, Culture and the Arts, but nobody sees what they do with the money that they have. The role of women in this context will address those areas where a big gap has been left by the various Ministries. There is so much need to improve these areas. There is need to reconsider the Fund that is given to women. The Kshs7 million per constituency is insufficient. Some of us run six constituencies, for example, and that will mean Kshs7 million per constituency. It is far too much a drop in the ocean. I would wish that money is re-allocated. I insist that Kshs1billion can be found to be added to the Kshs2.1 billion that has been given to the women, so that every constituency receives Kshs10 million for every Woman Representative. So, those who have two constituencies would just receive Kshs20 million, those who have six, like I do, would receive Kshs60 million and those who have 17, like my sister hon. Shebesh, would have a little more to manage.

I appreciate the work that has been done so far. But with those kinds of amendments to think about women when you are budgeting is important. It is important to be gender sensitive when you are coming up with a Budget like this. So, we need to seal the gaps that are there. The more we do that, the more realistic the situation will be. The work of the Senators, to monitor and evaluate the work on the ground, is going to be more realistic because they will be come with indicators to show the progress. I believe the Government wants to do the best they can. They want to change lives. If you want to change lives, you must put more money in the hands of women. The 47 Women Representative will give you the results that you want.

Date 12th March, 2015

Member of Parliament: Hon. (Ms) A. W. Ng’ang’a

Contribution She Made On: NOMINATION FOR APPOINTMENT AS JSC COMMISSIONERS

Hon. (Ms.) A.W. Ng’ang’a: On a point of order, hon. Temporary Deputy Speaker. Having looked at the time and the fact that the Mover has to reply, is it in order for me to request that the Mover be called upon to reply before time is out? We only have ten minutes to go. The Mover is here and ready to reply. He needs to be given time. Is it okay if I request that the Mover be called upon to reply? He needs to be given ample time to reply.

MOTIONS

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Gathogo

Contribution She Made On: RE-INTRODUCTION OF EXAMINATION RANKING SYSTEM OF SCHOOLS

Hon. (Ms.) Gathogo: Ahsante sana, Naibu Spika wa Muda. Kwanza, nashukuru kwa sababu, mimi ni mama wa kwanza kuongea katika Bunge leo. Nimesimama kuunga mkono hii Hoja. Kuna mambo mengi ambayo yamezungumuzwa. Kabla ya hayo, ningependa kusema ya kwamba, nimetumwa na watu wa Kaunti ya Ruiru. Wanasema tuendelee kuombea Bunge letu la Kumi na Moja ndiyo tusiweze kuchafuliwa na mambo yanayopita ya kamati. Mimi ni mmoja wa wahubiri ambao bado hawajateuliwa. Ningependa kuchukua jukumu la kuombea Bunge hili. Tuendelee kuomba kwa sababu uchafu ukiingia katika hii nyumba, hata ikiwa huna uchafu, utakushika. Nasema hivyo kwa sababu mimi ni mhubiri.

Tukikosa kujua ni shule gani zinafanya vyema shule zitarudi nyuma. Walimu nao watakosa kufanya kazi kwa bidii kwa sababu watajiambia kwamba hata shule ikifanya vibaya kwenye mitihani hakuna mtu atajua. Kuna shule ambazo hazina madarasa na mambo mengi ya kufaulisha shule. Tunayo hazina ya CDF. Sisi hapa tunaruhusiwa kusaidia shule kwa kutumia pesa za CDF. Kwa hivyo wale ambao wana shule ambazo hazina vifaa katika maeneo yao wanaweza kutumia pesa ya CDF. Kuna shule ambazo zinafanya vizuri lakini siyo lazima kila mtu aende kusomea huko. Muhimu ni kwamba tujue ni mbinu gani shule hizo zinatumia kupita mitihani. Tukikosa kufanya hivyo hali ya masomo itarudi chini. Wale wanaotia bidii watasikia vibaya kwa sababu ni vizuri kujulikana kuwa umefanya vizuri. Siku ile ulishinda uchaguzi, kama hungeambiwa wewe ndiwe mshindi ungesikiaje, Naibu Spika Wa Muda? Kwa hivyo, kwa heshima, ningeomba tuendelee kuorodhesha shule ili tujue ni shule gani zimeenda chini. Tusiseme eti shule fulani imeenda chini bali tujue palipo shida. Kuna shule tulisikia imefanya mtihani vibaya. Lakini shule hiyo ilipoangazwa kwenye runinga, tuliona zile shida ambazo watoto wanapitia. Wanafunzi wengine huenda kuchota maji na kwa hivyo hurudi shuleni wakiwa wamechoka. Inabidi tuwapatie maji ndiposa waache kwenda mtoni na wawe na muda wa kusoma. Nina hakika tukifanya hivyo watapita mtihani. Kwa hivyo, naunga mkono Hoja hii. Mimi ni mhubiri ijapokuwa sijateuliwa. Tuendelee kuombea hili Bunge.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Kajuju Contribution She Made On: RE-INTRODUCTION OF EXAMINATION RANKING SYSTEM OF SCHOOLS

Hon. (Ms.) Kajuju: Thank you, hon. Temporary Deputy Speaker. Let me begin by thanking my colleague and MP for Gatundu North, hon. Njenga, for finding it fit to present this Motion to this House for debate.

I believe that this is the right time for this House to address the issues that have been raised in this Motion by my brother, hon. Njenga. If we need to restore this country to its lost glory in as far as the youth and our men are concerned, then this is a Motion that not only addresses the root cause of the problem but also looks at the issues that can be sorted out, so that our youth can engage in economic activities. Looking at what has been expounded by the Mover--- He has talked of expected consumers’ rights. By ‘consumer’ I mean any person who partakes of any commodity that is supposed to be partaken. Every consumer has rights that are established and incorporated in the Constitution. Those rights must be respected by the persons who produce goods that are consumed by other persons. The goods that are supposed to be consumed must be of a reasonable quality. The consumers of the goods must have information that is necessary for making a decision as to what kind of goods they are consuming at any one particular moment.

This then would give them the benefit to determine whether it is healthy or unhealthy or whether it is safe for them to partake.

Hon. Temporary Deputy Speaker, this Article 46 also refers to every public or private entity that produces any kind of drinks. Therefore, when any industrialist produces any type of commodity that is supposed to be consumed by a human being, they have to take care of it from the moment it is produced to the time when it is consumed. But then we have not seen legislation that has been able to respond to the issue of containers or bottles that have been used and disposed as far as alcohol is concerned. That is why this Motion seeks to ask the question: What do we do with many bottles that are being disposed of day in, day out in our country in every village, market, town and city that our youth and people are living in?

Hon. Temporary Deputy Speaker, we encourage local investors and industries but every industry, as established by law, must have corporate responsibility. This responsibility does not stop at the point at which they put the goods in the market. We are saying that corporate responsibility must extend to the environment. It must extend to how the disposables by consumers are utilized. I have seen in most of the towns that we visit that there are street children who pick these bottles, put glue in them and you find them sniffing glue from these bottles. These are the bottles that at one point in time had some alcoholic drink in them. So, we are asking ourselves: Are we taking care of our youth? Are we taking care of the environment? How are we dealing with waste management? Therefore, this Motion comes in to respond to that question.

We have been saying that we speak to our youth as they are the leaders of tomorrow. Our youth cannot be the leaders of tomorrow if we are destroying them today. Therefore, we are looking at how we will assist the youth, so that they do not get tempted to use commodities that at the end of the day will not only mess up with their health, but will mess up with their lives.

There has been an outcry about the boy-child. Women have been accused that day in, day out they talk about the girl-child and no one talks about the boy- child. We are saying, if you want us to talk about the boy-child allow us then to address the problems that the boy-child is experiencing in villages, rural areas and urban centres; this is the way to deal with it. Let us require industries to manage their waste.

In my practice as a lawyer, I have seen very many petitions for divorce. Most of the issues that have been raised in those petitions as the grounds for divorce are that petitioners have accused respondents of neglecting their families. Why do they neglect their families? It is because most of them partake of traditional brews that are not good. We know that there are traditional brews that are okay. Our elders and ancestors partook of them. Muratina is one of them and we have never heard of a situation that someone has died of liver cirrhosis because of partaking Muratina, which is a traditional brew that is commonly accepted in our towns and homes. But when we partake of other drinks that are not known in law, that do not enter the market through the right procedure, that is where the problem lies. You see families breaking up because when they partake of these drinks using some containers that have been thrown somewhere, they recycle them, and that is where the problem lies. For us to protect our families, let us start by passing this Motion.

Hon. Temporary Deputy Speaker, we have also seen cases where children have killed their parents. What was the reason? A boy went and drank, lost his sense and ended up being brutal to the mother, sister or other people within the family setup. This is the only way we are going to curtail the violence that we have seen in our families.

My brother, hon. Kigo, has spoken about NACADA. We, as Parliament, allocate a lot of money to NACADA as an institution that is established to ensure that our youth do not end up rotting anywhere because of partaking of these kinds of illicit brews. They should go a step further and conduct mentorship programmes. When our children are at home during holidays, let NACADA organize mentorship programmess to speak to our youth and tell them the way to go in as far as partaking of any illicit drink is concerned. Let us have sensitisation from the family level where parents, children and everybody else are sensitized to stop partaking of such illicit brews. This is going to help us in ensuring that the rise in crime that we have seen in our country is curtailed to some proportion.

So, I beg hon. Members who are present in this House today. This is a very important Motion that we should support and ensure that it passes. The implementation Committee then must go a step further to ensure that it is implemented because we are not just passing Motions in this House, so that they go and gather dust somewhere else. Let it work on it. I beg you to ensure that this Motion is passed and thank you my brother, hon. Njenga, for bringing this Motion.

I therefore, second the Motion as presented.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Mathenge Contribution She Made On: RE-INTRODUCTION OF EXAMINATION RANKING SYSTEM OF SCHOOLS

Hon. (Ms.) Mathenge: Thank you very much, hon. Temporary Deputy Speaker. I want to appreciate the students from Nyeri County, who are here today.

It is very worrying that 2.2 million Kenyans are addicted to alcohol and drug abuse. We should be concerned because this is a very big percentage of our population that is at stake. We do not even know what their future is. If you come from a county like Nyeri, you will know that we have had very many incidents of persons who abuse drugs and have caused a lot of havoc in their families.

I support this Motion. Organisations which manufacture these alcoholic drinks must be held responsible for the disposal of containers. Containers should not be thrown everywhere, where young children can access them. Perhaps, those concerned should go to Japan and learn from them. In Japan, every bottle that is sold, be it of water or anything else, is either reused or recycled. After recycling, some of them are used for construction of houses or roads instead of tarmac.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Mathenge

Contribution She Made On: RE-INTRODUCTION OF EXAMINATION RANKING SYSTEM OF SCHOOLS

Hon. (Ms.) Mathenge: Thank you very much, hon. Temporary Deputy Speaker. When we were young, we used to have 4K Clubs. During holidays, children went to farming institutions to learn life skills and a lot of other skills. They were also taught to avoid harmful things like alcohol. Alcohol manufacturers should join NACADA and the county governments to contribute to the fight against drug abuse.

They should ensure that our children do not just have sports, but also learn other skills. These clubs were very useful. If you go to Wambugu Farm, you will find some children going there during holidays to learn farming skills, especially in farming areas.

Even if we say that alcoholic drinks should only be sold to persons who are over 18 years old, when one goes to the counter to buy alcoholic drinks, even if he or she looks young, nobody asks him or her for an identity card. In Europe, if you look young when you are 30 years old, you will have to produce an identity card. We must make it compulsory for anybody buying alcohol to produce an identity card before they can get it.

Those of us who take alcohol are in the habit of sending our children to kiosks to buy Tusker baridi for us in the evening. They are lazy to go to the kiosk. This habit makes children to feel that taking alcohol is not a big deal.

As we dispose of containers, let us ensure that we make proper use of them. Once we ensure that corporations control the disposal of the containers, we can create employment in the areas where alcohol is sold and also make our environment clean.

I do not think I have to use my 10 minutes because most of the other points have already been addressed. Bw. Kabando wa Kabando wants me to donate to him the balance of my time.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) B.N Nyaga

Contribution She Made On: RE-INTRODUCTION OF EXAMINATION RANKING SYSTEM OF SCHOOLS

Hon. (Ms.) B. N. Nyaga: Thank you, hon. Temporary Deputy Speaker. I stand to support the Motion.

When we walk around towns, we see many containers which are hazardous to the community. Manufacturers of alcoholic drinks should collect their containers, recycle them or discard them properly.

In European countries, you will never see a container dropped anywhere. In our towns like Nairobi and others, containers are dropped carelessly by consumers. Manufacturers are not bothered about the proper way of discarding containers. It is the responsibility of the manufacturers to dispose of containers. They are supposed to know where containers should be taken after use. Containers can be reused or recycled.

I support the Motion, which is very important. I thank hon. Kigo for bringing it.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Munene

Contribution She Made On: RE-INTRODUCTION OF EXAMINATION RANKING SYSTEM OF SCHOOLS

Hon. (Ms.) Munene: Thank you, hon, Temporary Deputy Speaker, for giving me this opportunity to support the Motion, as amended.

The reason why I support this Motion is this: We are saying that the Government should do this and that. As parents, we want to take care of our boys and girls. When a six-year old boy sees you making beer at home, or when you take your children to a bar to buy them chips and chicken and you drink beer with your wife, you cannot tell those children that it is not good to drink beer. Some people buy beer which is sold in plastic papers and take it home. They then drink it and throw the empty sachets outside. Children would want to try what their parents are drinking. When they test, they think it is something good because their parents take it. Even if we tell our Government to help us, we also need to help ourselves.

As parents, we need to have discipline. When we were young, our fathers used to go out to drink and when they came home drunk, they did not want their children to see them. The Government is me, you and the people who are out there. We want to discipline our children because, sometimes, we leave them thinking that, because they have been to secondary school, they are grown-ups. We give them pocket money. When they come back home, instead of giving them something to do, we leave them to do whatever they want to do. However, we should show them somewhere to go and become busy – like camps, churches or where boys can play football and hockey. That is the way we can help this nation.

We are losing our young boys and girls to alcoholism. Girls meet boys when they are drunk. A child is going to be brought home by a child of 12 or 13 years, who will have become a mother. How is that girl going to help herself? It is you who is going to suffer. I remember the late Wangari Maathai saying that those plastic papers are not good for our country. We are throwing them anywhere and there is nobody who is responsible. Boys and people who are out there collect those papers and they give them to bars where they are used to package the drinks which they drink. We need to help this nation. We want to work as one team, as parents and as a Government to help this country. If we are not going to help our country, we are going to lose the men.

Nowadays, girls do better than boys in school. Boys feel that they have been abandoned since we talk more of the girl-child. We also want to help those boys. I also want to tell male parents to help their sons. Previously, we used to see men sitting down with their young boys talking to them and explaining to them how to behave when they reach certain ages. Our mothers also used to tell girls how to behave when they get to different stages. However, we now do not have time for our children because we are so busy looking for school fees and what they will eat. As God said, let us help our children. We do not want to be punished like priest Ezekiel who was punished by God because of the behaviour of his children. So, let us help this nation. This House is the one which can help. We can make the laws but we have to know how to guide our children. I appeal to hon. Mututho, the Chairman of NACADA. He was so active before. We want him to go round the country and talk to young people. He should not be going to a particular county but everywhere. Let those people meet boys and girls during holiday and tell them how alcohol is bad and how they can ruin their lives by taking alcohol. When you are drunk, you cannot do anything else. We have heard women complaining everywhere because of alcohol. What are we going to do? We should have a law about alcohol. People who are supposed to arrest offenders are also drinking. You can see them lying somewhere because they are drunk and yet, they are the ones who are supposed to arrest the people who make illicit alcoholic beverages. We want to make sure that there is no corruption in this country, so that our people can be helped. Chiefs and assistant chiefs must do their job.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Muia

Contribution She Made On: RE-INTRODUCTION OF EXAMINATION RANKING SYSTEM OF SCHOOLS

Hon. (Ms.) Muia: I am just looking at the number of the young people who are involved in alcohol. I am sure if proper research is done, we will get more than this. As we discuss and debate alcohol abuse, I would request parents---

On several occasions, we have seen parents going out on a drinking spree with very young kids. They go and drink and, sometimes, it is like a demonstration. It is going to become very difficult for such parents to turn round and tell their children: “Drinking is not good for you.” We must demonstrate that as parents. In some countries, parents are not allowed to go out with kids who are under 18 years. Here in Kenya, it is like we discuss and debate laws, but we are unable to implement them. As we continue, I think we must come up with a law. If any parent is found in a drinking place with kids who are underage, he or she should be arrested and charged in a court of law.

I want to point out something about NACADA. For the last one year, I have not seen or witnessed the NACADA group doing anything. Remember that last year there were several deaths resulting from poisonous alcoholic drinks. Nothing has been done. You only see them making statements in the media and it stops there.

One of the Members talked about some of the posters that are put up to advertise alcohol. Surely, when are we going to see a poster written by NACADA saying that any distributor or bar owner selling alcohol to persons under 18 years will be arrested and put in, including the students? We cannot keep on shouting and those people will never implement anything. We want to see NACADA working. We want to see action. We want to see them working as they said they would do. With those few words, thank you very much, hon. Temporary Deputy Speaker.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Ombaka

Contribution She Made On: RE-INTRODUCTION OF EXAMINATION RANKING SYSTEM OF SCHOOLS

Hon. (Ms.) Ombaka: Thank you very much, hon. Temporary Deputy Speaker, for giving me this opportunity. This is a very good topic. When we are talking about this Motion, we are talking about environmental cleanliness. That is what is lacking among Kenyans. However, more importantly, is the idea of arranging recreational activities during school holidays. This is very important because it prevents children from getting involved in alcohol and doing other illicit things. When I was growing up, holidays were very important. We were members of---

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Ombaka

Contribution She Made On: RE-INTRODUCTION OF EXAMINATION RANKING SYSTEM OF SCHOOLS

Hon. (Ms.) Kajuju: Thank you, hon. Speaker. I stand to second the Motion as moved by the Committee Chair. Hon. Speaker, this is just a Procedural Motion. The importance of the Judicial Service Commission (JSC) cannot be downplayed. It is important that we look at the nominees that have been sent to the Committee. The JSC is the body that nominates, vets and disciplines judges and magistrates. The JSC is a very important arm of the Government and, therefore, we have to follow the procedure that has been established. Most importantly, the composition of the JSC must meet the values set out in Article 10 of the Constitution. Therefore, in order for the Committee to be able to come up with a proper report, it is important that we have sufficient time. Extending the time does not cause prejudice to any of the persons. Therefore, we are going to confirm that once approved by the Committee, the nominees will meet the requirements expected of them as per the law.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Kajuju

Contribution She Made On: APPROVAL OF APPOINTMENT OF MAJ-GEN L.K. TUMBO AS AMBASSADOR TO SOMALIA

Hon. (Ms.) Kajuju: Thank you, hon. Speaker. I stand to support this Motion as presented by the Committee on Defence and Foreign Relations. I had a look at the duties of a commissioner or an ambassador which are well enumerated in the Report. One of the duties that is close to my heart is the promotion of sub-regional, regional and international integration and co-operation. So, as the Chairperson of the Committee on Regional Integration, this is something that is very close to us. It gives us the mandate then to look at issues of integration within East Africa and beyond. One of the reasons the Regional Integration Committee was formed by the Tenth Parliament was to ensure that they deepen and widen the integration process. This is what we are doing within the East African Community. However, we know that our neighbouring countries have expressed interest and given notice of application to be enjoined as part of the EAC. South Sudan and Somalia are the countries I am talking about.

When the President nominated Ambassador Lucas Tumbo to be an ambassador in Somalia, he was only practicing what he believes that one time one day, we are going to be an Eastern African Community that includes not only the five partner States, but South Sudan and the Federal Republic of Somalia. If Somalia is going to be part of us, then we are going to be a better community because we shall join our neighbours within the community. So far, within the East African Community, we have been able to pass various protocols that deal with the customs union, the common market and the monetary protocol. Now, we are looking at the direction of the political federation. When the day that we are going to be one East African people comes, I pray and believe that the Federal Republic of Somalia will be walking with us in that distance.

Our President, His Excellency Uhuru Kenyatta, has preached the issue of having a common bond as East Africans. That includes our neighbours. As I speak, the Committee on Regional Integration is looking at the Peace and Security Pact and the Protocol which is supposed to look at issues that concern the East African Community in as far as peace is concerned. We cannot speak about peace within the East African Community if we do not look at our neighbors. What kind of peace are we going to enjoy if our neighbours are not enjoying the peace that we experience within our Community? This is a step in the right direction. I commend His Excellency the President for doing this for us, not only for Kenya, but for the East African Community.

When we talk about a common market within the East African Community, we are praying that we open more markets within the East African Community. We know that there are a lot of goods, services and trade that can be exchanged between the two countries of Kenya and the Federal Republic of Somalia. Speaking as the Women Representative for Meru County, we produce miraa. The major consumer of miraa is the Federal Republic of Somalia. I will be the first person to ask the Leader of the Minority Party, because he appears to know Amb. Tumbo, to ensure that there is a relationship between Meru and Ambassador Tumbo, so that when he goes to Somalia, he can ensure that more money is exchanged through the export of miraa to that country. I strongly support the appointment of Major-General (Rtd.) Tumbo to that position.

The other plus for Major-General Tumbo is that he has the expertise in peacekeeping within the United Nations, East Africa and Africa. He has been to Namibia, Eritrea and Ethiopia. This is the best character that can address the issues that regard peace and security within East Africa and, most importantly, our relationship as a country with the Republic of Somalia.

With regard to the refugees status, which has been spoken about by some of my colleagues, we have experienced situations within Kenya in as far as refugees are concerned such as the inflow of refugees into Kenya from Somalia and from other countries. If we want to address the issue of refugees, then we need to have experienced people who have dealt with situations that are similar to what Kenya is experiencing. This is the best candidate for the job. He is not old. He is only 58 years old. That means that he has the energy to run around. He has the capacity and knowledge of having been a General to deliver the service that we, as a country desire, so that integration can be deepened, widened and tightened and Kenya and Somalia will be better countries.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Ghati

Contribution She Made On: APPROVAL OF APPOINTMENT OF MAJ-GEN L.K. TUMBO AS AMBASSADOR TO SOMALIA

Hon. (Ms.) Ghati: Thank you very much for giving me this opportunity to contribute. I want to state that I support the Major-General. I am a Member of the Departmental Committee on Defence and Foreign Relations before which that gentleman appeared. I found him to have quite a lot of experience having worked from 1980 and rising up the ranks until 2012. However, I had a problem with a retired Major-General. Just like my colleagues have said, I do not understand why we have to recycle people who have already retired and bring them back to service. I raised that issue in the meeting. However, having looked at his vast practical experience, which he gained in several countries when he was representing Kenya, I felt that he is a good guy and he will represent Kenya well in Somalia.

Somalia poses a very great challenge to our own security in this country. Therefore, this job needs somebody who has experience in handling issues to do with security and peace. Somalia is our strategic partner. I have had an opportunity to work in Somalia before I joined this Parliament. I was working for UNICEF Somalia. I can tell you that the issues that face Somalia and the issues that trickle back into our country remain very challenging and immense. Therefore, I believe that this Major-General will be in a position to handle issues of insecurity, especially the issue of radicalization of our youth.

When we were interviewing the gentleman, I found him to have quite enough knowledge in how he intends to help in the rebuilding and reconstruction of Somalia. He explained how he is going to forge and force co-operation between Kenya and Somalia. I once worked in Kakuma Refugee Camp and Hagdera. The largest percentages of refugees who infiltrate our country come from Somalia. Therefore, this gentleman exhibited a lot of confidence on how he is going to tackle the issue of refugees in this country.

With regard to his education, you will realize that he is a man who is on mission to improve himself and, therefore, be an asset to this country. He is currently finishing up his masters degree as you can see in his resume. He has done a lot of work on getting his bachelor’s degree and diplomas in diplomacy and international relations which are what is essential for someone who is looking for an international assignment. However, I look forward to a time when I will see somebody from my community being nominated for such a position. I come from the Kuria Community. I can tell this House that ever since we started seeing people being appointed and nominated, the Kuria Community has always remained behind and yet, we are very few. We are just a handful and even if the President decided tomorrow that he is appointing one person as an ambassador, that person will be able to feed the entire community. I look forward to the day when the President will look at the smaller communities of this country. Those communities have also taken their children to school and they have people who possess the right qualifications. I look forward for a day when we will do deliberate discrimination in this country. The President needs to do deliberate discrimination and say: “This time round, we are looking at communities that have traditionally been sidelined in development.” He needs to focus more on the communities that have not been enjoying the national cake and decide to choose a representative or an ambassador from those communities. The Kuria Community has never known an ambassador, who comes from there, let alone a deputy ambassador, cabinet secretary or principal secretary. The community has been left out in all the appointments, including those to parastatals. We want to see a country where smaller communities are also represented.

I, therefore, wish to support the appointment of Major General (Rtd) Tumbo, but with those reservations and I know that the President will listen to some of the issues that we are raising.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Ghati

Contribution She Made On: APPROVAL OF APPOINTMENT OF MAJ-GEN L.K. TUMBO AS AMBASSADOR TO SOMALIA

Hon. (Ms.) Fathia: Thank you, hon. Temporary Deputy Speaker, for giving me this opportunity. I stand before the House to support this Motion.

I have looked at the Report on Major General Lucas Tumbo and I find him relevant for this job. His experience shows that he is well versed with this job. As per his CV, I can see he went for diploma and degree courses up to PhD level, all meant to upgrade his knowledge in conflict resolution and diplomacy. He will be an asset to Somalia. I support this Motion because Somalia has suffered for the past 25 years. He is the right person, if he will put all his efforts there. I hope that he has not asked for this job, and that he will serve the people. Somalis have been known for being entrepreneurial. The nominee is known for industrialisation at some point in time. I think there will be some value addition. I am so much interested in this Motion because, we, from Mandera County, border Somalia. If peace is found there, it will be good for the people of Mandera and Kenya generally. I will not say much.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Ombaka

Contribution She Made On: APPROVAL OF APPOINTMENT OF MAJ-GEN L.K. TUMBO AS AMBASSADOR TO SOMALIA

Hon. (Ms.) Ombaka: Thank you very much, hon. Temporary Deputy Speaker. I support the Motion because the person we are talking about has a vast experience and is a person with a distinguished career path. He has been nominated for appointment to serve in a war-torn country. Considering his background, this is a place for him. He is retired and old. Ideally, he should be at home. However, the fact that he is retired does not mean that he is tired and, therefore, cannot be engaged in any Governmental task. I believe that he is going to play a critical role as a person who knows the job well. As a place that is infested with conflict, we need resolutions and dialogue. The two countries should work together as a team. He is the one who is vested with that responsibility.

Hon. Temporary Deputy Speaker, let me conclude by urging that, as Parliament, we need to take stock of the people we have vetted for the President to appoint. There is a lot of unfairness. We are not balancing the people we vet. The President is given one or two names. I recall that when we were vetting Commissioners in the Departmental Committee on Education, Research and Technology, we had a list of those who appeared for the interview. They were ranked according to their performance in the interview. It was so disheartening that in terms of gender, we had to balance and get somebody who was number 21 in the list, to be appointed. The person who was number 3 had to be sacrificed. The one who was listed as number 3 was a professor from Siaya, who should have been a Commissioner in the Teachers Service Commission (TSC).

I expected that, having lost such a chance because of gender balance, which is okay to me; the person who was dropped then would be considered in the next appointment. That is my feeling. We lose men when we consider gender balance. Some of them are highly educated and important and we should not lose them. The Siaya case is one of the cases that I lament about because that is where I come from. When people from that area lose appointment chances, then what am I representing here? I must fight for them. I believe that in the next appointment, the President should consider people from Siaya, whether they are women or men. This is the third time Siaya County has lost an appointment opportunity. In this case, there was no person from Siaya County. So, I cannot cry. However, in future, people from marginalised areas should be considered for appointment, especially those from counties where no high profile appointment has been made since President Uhuru took over the reign of this country. The President should do that in the next appointment.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Gure

Contribution She Made On: APPROVAL OF APPOINTMENT OF MAJ-GEN L.K. TUMBO AS AMBASSADOR TO SOMALIA

Hon. (Ms.) Gure: Thank you, hon. Temporary Deputy Speaker, for giving me this opportunity. I rise to support the Motion. The nominee who has been brought by the Departmental Committee on Defence and Foreign Relations has vast experience and good academic qualifications. He is a good fit and match for this position. I want the nominee to focus on national security. Insecurity and terrorism in Kenya is mostly from Somalia. We want an ambassador who has strength and can deal with all those issues and stresses coming from that part of Somalia. Since we have committed ourselves and placed an ambassador in Somalia, we want that ambassador to be somebody who can negotiate between Somalia and Kenya and tie a relationship between Kenya and Somalia to eradicate terrorism.

We want the office of the ambassador to be a patron on this issue of insecurity from Somalia. We have economic ties with Somalia. We trade; they come to our country to buy goods and we also get goods from there. We want the ambassador to be a patron on those issues. We do not want to have a problem when he goes to that office. We have cultural ties. Those people in Somalia are Somalis; we speak the same language and we have the same religion. We want the ambassador to work with us, leaders from this country who speak the same language with those people.

My last point is, as Kenyans, we host the largest number of refugees in Kenya. In Dadaab Constituency where Mheshimiwa M.D. Duale and I represent, we have large numbers of refugees. We hope the ambassador will be somebody who understands. We have the largest refugee camps in the country, in Dadaab. We are asking him to visit Dadaab and see where the refugee camps are and see how those people live. He should negotiate with the Government of Somalia to come to Dadaab and take their people back because we want security and peace in this country.

Speaking as somebody who represents Garissa County, we have suffered a lot and we do not want to suffer more. We want the ambassador to speak to people in Somalia, the Minister for Foreign Affairs there to get their people back and have a stable place for them. It should not be a place that is worse than where we have right now. I am sure they live comfortably in Dadaab but we want them to build schools, hospitals and all the basic facilities they need and take their people back.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) F.I. Ali

Contribution She Made On: APPROVAL OF APPOINTMENT OF MAJ-GEN L.K. TUMBO AS AMBASSADOR TO SOMALIA

Hon. (Ms.) F. I. Ali: Thank you, hon. Temporary Deputy Speaker. I want to even spend less than five minutes. First and foremost, I want to thank you. I support the Report on the nomination of Major General (Rtd) Lucas K. Tumbo to be the ambassador to the Federal Republic of Somalia. I come from Wajir which borders Somalia on a long stretch. A lot of traders from Somalia and some living in Wajir engage in business in Somalia and Kenya. When the Chairman of the Defence and Foreign Relations Committee presented the Report, I was really impressed by the credentials of the appointee. It was a well thought-out nomination. Somalia is a very unstable country. It has been at war for the last 22 years. The choice of a Kenyan with military experience and very senior in the military set-up is the most appropriate. This was a well thought-out appointment. I want to share with this House that we met one time with Parliamentarians from Somalia and they said that Kenya is their mother country. They said that Kenya has been supporting Somalia to form a stable government and to be a stable country, but they were shocked and disturbed as to why Kenya was not deploying an ambassador to be stationed in Mogadishu, the Capital City of Somalia. From the Report, the Chairman of the Defence and Foreign Relations Committee has alluded that this appointee, when approved, and I am confident that he will be approved, will be stationed in Mogadishu, Somalia, to engage constructively on the interests of Kenya and Somalia. I have no doubt that after we appoint him, he will be in Somalia as early as yesterday.

The Members of Parliament were also worried that Somalia is fighting and chasing away the Al Shabaab and they are coming to Kenya. They are looking for ways to collaborate with the Kenyan Government, so that the Al Shabaab becomes an element of the past. We should not harbour them in Somalia because of lack of strategic intervention. I want to confirm that Somalia will greatly appreciate. They had shared their frustration for lack of representation in Mogadishu. The appointment of Major General (Rtd) Lucas Tumbo is timely and appropriate. They will appreciate the caliber of the appointee that we are deploying to Somalia as a strategic partner in this region. They have a lot of trust and confidence in the Government of Kenya and they are willing to support further.

I want to assure Major General (Rtd) Tumbo that he will enjoy Somalia. It is very peaceful sometimes. He will enjoy the weather and will make friends there. He needs to build relationships with the border towns of Kenya and the counties that border Somalia. You have seen what happened in Mandera. We need a very strategic intervention so that our ambassador can build permanent solutions to restore security in our borders.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) B.N. Nyaga Contribution She Made On: APPROVAL OF APPOINTMENT OF MAJ-GEN L.K. TUMBO AS AMBASSADOR TO SOMALIA

Hon. (Ms.) B.N. Nyaga: Thank you, hon. Temporary Deputy Speaker for giving me this opportunity to support the appointment of Major General (Rtd) Tumbo. I am a member of this Committee and I want to inform my colleague, hon. Member for Ndaragwa that we checked the certificates and everything is well. Major General (Rtd) Tumbo is well qualified. He has a lot of experience. When we listened to him we made up our mind that he is the right candidate for this position. He has what is required to be a diplomatic representative of this country. He was quick to say that he is very much aware of the relationship between Kenya and Somalia and that it is something he is going to check so that we redeem our relationship with our neighbour, Somalia.

Date 18th March, 2015

Member of Parliament: Hon. (Ms) Mbugua

Contribution She Made On: APPROVAL OF APPOINTMENT OF MAJ-GEN L.K. TUMBO AS AMBASSADOR TO SOMALIA

Hon. (Ms.) Mbugua: Thank you very much, hon. Speaker, for giving me this chance to air my views. I rise to support the appointment of Major General (Rtd) Tumbo. We need somebody who is committed. This person is committed. We need somebody who is experienced. We say that: “Experience is the best teacher.” He is experienced. We need somebody with a good standing because once he is there, he is going to show a good picture of our country. He will also leave a good legacy in that country. He is also qualified. I want to hit the nail on the head and say that he is qualified. Although the Major is retired, he is not tired. Therefore, I support the appointment. I believe, like my other colleagues, that once he goes there he is going to do a good job.

COMMUNICATION FROM THE CHAIR

Date 19th March, 2015 Member of Parliament: Hon. (Ms) Kajuju

Contribution She Made On: DEMISE OF HON. GRACE OGOT

Hon. (Ms.) Kajuju: Thank you, hon. Speaker. I also register my condolences to the family of the late Grace Ogot and the people of Gem. I appreciate that lady who set the path for the women of Kenya because she was a first. She did what she could for us to follow her vision.

I also pass my condolences to the family of the late Justice Kasanga Mulwa. Justice Kasanga Mulwa served in Meru County as a judge. He was a renowned judge. It is from Meru that he was sent to the EACJ. He was an able leader who led by example. May their souls rest in eternal peace!

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Ombaka

Contribution She Made On: DEMISE OF HON. GRACE OGOT

Hon. (Ms.) Ombaka: Thank you, hon. Speaker, for giving me this opportunity. I want to take this opportunity to pay glowing tribute to Mama Grace Ogot whom we dearly called Nyar Asembo. She came from Rarieda Constituency and was married in Gem Constituency. She was my representative in Parliament in the 1980s. She passed over power to my brother-in-law, the late Oki Ooko Ombaka. She left Gem a very well managed constituency. She cared for the children of Siaya as well as widows. She came up with a women group that was called Mabati Women Group whose aim was to build houses for women using iron sheets so that they could harvest water and would, therefore, not need to go to the river. She left a lot of development programmes in Gem. I want to take this chance to condole with the family. I hope that all of us here will appreciate the power of women, if they are given a chance.

Date 19th March, 2015 Member of Parliament: Hon. (Ms) Tuya

Contribution She Made On: DEMISE OF HON. GRACE OGOT

Hon. (Ms.) Tuya: Thank you, hon. Speaker. I wish to add my voice and join my colleagues in sending my sincere condolences to the families of hon. Grace Ogot and hon. Justice Kasanga Mulwa. On hon. Grace Ogot, she has been a trendsetter in honouring, respecting, promoting and guarding the rights of women of this country. Given that he was also a former Member of this House, I wish to urge my colleagues that the best way we can honour hon. Grace Ogot is by passionately and in a concerted effort support the two-thirds gender threshold as enshrined in our Constitution. It will take this nation forward.

On hon. Justice Kasanga Mulwa, besides being a serious and very renowned legal mind in this country, he was also a trendsetter in the promotion of quality education in this country. I am a beneficiary by extension. May the souls of those great Kenyans rest in peace.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Ghati

Contribution She Made On: DEMISE OF HON. GRACE OGOT

Hon. (Ms.) Ghati: Thank you. On behalf of the people of Migori County and on my own behalf, allow me to send my condolences to the people of Makueni and Siaya on the passing on of hon. Kasanga Mulwa and hon. Grace Ogot. As a young girl growing up through high school and university, I read a number of her books. Although I never met her physically, I read the great books that she authored. She was a great author. As a woman of this country, I know Mama Grace Ogot has been in the frontline in championing women and girls’ rights. That is exactly what we do. As my colleague, the hon. Member for Narok has said, the only way to honour that lady is to ensure that the gains that we are making as a country - and especially the women - are not going to get lost; but those that we are all going to embrace in this House and move forward. In this House, we have discussed about honouring people who have gone before us. I want to ask this House to consider honouring people like the late hon. Grace Ogot and the late hon. Justice Kasanga Mulwa by erecting monuments, constructing and naming roads after them. That is the only way we are going to ensure that they are remembered. I wish to send my condolences to the people of Siaya and Makueni constituencies.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) R.K. Nyamai

Contribution She Made On: DEMISE OF HON. GRACE OGOT

Hon. (Ms.) R. K. Nyamai: Thank you, hon. Speaker for giving me this opportunity to join my colleagues in sending condolences to the people of Gem Constituency. I remember the late Grace Ogot through the stories which I read as a young girl and the efforts that she made towards empowering women in this country. I would like to remember her for being a literacy icon in this country and as a politician who was able to juggle between family, politics and also to remain as a professional; which is a challenge to all of us here. We need to ensure that we make contribution towards our political professionalism.

The late exposed Kenya to the world and showed the ability of Africans to be able to compete at world level. I would like to send my condolences to the people of Makueni Constituency. I remember the late hon. Kasanga Mulwa last year at the height of nominations, when hon. Munuve Mati called and told me that he was just about to lose his well earned certificate. I would like to say that, that is a person that we need to learn so much from, especially those of us who are leading political parties. It is important to be fair and honest and follow his footsteps.

PETITION

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Mbalu

Contribution She Made On: DISPUTED OWNERSHIP OF TISYA PRIMARY SCHOOL LAND

Hon. (Ms.) Mbalu: Hon. Speaker, I have a Petition that has been approved by your Office on the dispute of ownership of Tisya Primary School land, Plot No.280, Makueni/Masongaleni Settlement Scheme.

I, the undersigned, on behalf of the residents of Masongaleni Ward of Kibwezi Constituency, draw the attention of the House to the following:-

i. THAT, Tisya Primary School, located in Masongaleni Ward in Kibwezi Constituency, is built in Makueni/Masongaleni Settlement Scheme; ii. THAT, the school has been in existence on the said parcel of land since 1996; iii. THAT, the first KCPE examination was done in 2003 and the school was officially registered with the Government as a public school in 2009; iv. THAT, in a letter dated 23rd November, 2012 to the school, one Phillip Mutiso Makau, through M/s Wambua, Kituku & Company Advocates, has claimed ownership of the piece of land on which the school stands; v. THAT, the said Phillip Mutiso Makau holds a title deed to the said parcel of land, which was issued way after the land was set aside for public utility after the school was built and operationalised; vi. THAT, Phillip Mutiso Makau has gone ahead to cultivate the entire parcel of land occupied by the school - including toilets - and put it under cultivation furrows and he persistently roams around the school threatening pupils and teachers, thus resulting to parents withdrawing their children from the said school, posing a threat to the closure of the school; vii. THAT, the school has dug a well, which is the only source of water to over 1,000 families living in the area; viii. THAT, losing such property to a private developer would severely prejudice the local community as it will impede access to education and clean water and would, generally, affect the livelihoods of the said community; ix. THAT, in a letter dated 24th July, 2009, addressed to the Ministry of Education by the Ministry of Lands, Urban Development and Housing, the District Land Adjudication and Settlement Officer in Kibwezi acknowledged that the school was built on the disputed plot and stated that the plot was owned by one Ainsworth Matheka Kioko, an unknown person in the school; and, x. THAT, issues in respect to which this Petition is made are not pending before any court of law or any constitutional or legal body. Therefore, your humble petitioners pray that the National Assembly, through the Departmental Committee on Lands, intervenes to establish the bona fide owner of the said land.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Kajuju

Contribution She Made On: Papers Laid

Hon. (Ms.) Kajuju: Hon. Speaker. I beg to lay the following Paper on the Table of the House, Today, Thursday, 19th March, 2015:- The Reports of the Select Committee on Regional Integration on: The Nordic East African Community Trade and Investment Conference, Gavle, Sweden from 27th -28th May, 2014; and, The Benchmarking Visit to Canada from 11th - 15th June, 2014

COMMITTEE OF THE WHOLE HOUSE

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Muhia

Contribution She Made On: THE PROTECTION AGAINST DOMESTIC VIOLENCE BILL

Hon. (Ms.) Muhia: Hon. Temporary Deputy Chairman, I want to have a contrary opinion by leaving the issue to the court to subject the victim, be it in camera or otherwise. I feel we should expressively state in the law that the judgement should be made while only the concerned parties are present. I do not see why we should let the court to decide, as it is traditional. Not all judges may be reading from the same page. Today, a judge can be in a good mood and decide to do it in camera. So, should we not put it in black and white? I propose that it does not need to be amended.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Kajuju

Contribution She Made On: THE PROTECTION AGAINST DOMESTIC VIOLENCE BILL

Hon. (Ms.) Kajuju: I state that this clause should not be deleted since we are legislating on domestic violence. It is a special case that has been there. We have to consider some situations as special interest groups. In passing legislation, what we need to look at is whether there is any prejudice being caused by that particular provision or whether there is any conflict. I do not think the Chairperson has been able to tell us if there would be any conflict with any other laws if this clause is retained. Therefore, I do not agree that we delete it.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Mbalu

Contribution She Made On: THE PROTECTION AGAINST DOMESTIC VIOLENCE BILL

Hon. (Ms.) Mbalu: Thank you, hon. Temporary Deputy Chairman. I support my colleague in objecting the deletion of this clause. It does not do any harm to put this clause there. In any case, for a fair determination of a case, and here we are talking about domestic violence--- In any proceedings of the court, evidence is paramount so I do not support the deletion.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Muia

Contribution She Made On: THE PROTECTION AGAINST DOMESTIC VIOLENCE BILL

Hon. (Ms.) Muia: Thank you, hon. Temporary Deputy Chairman for giving me this opportunity just to say something. I am just coming from my constituency. I really wanted to be here so that I say something on this Bill. I do not support because the courts can ask for any evidence. Women are just held somewhere at the corner. If it were something favouring men, this Motion would have gone through very early. But, as long as it is pinning down women, I do not accept it. If you want this to take place, please, make amendments then it will be accepted. Therefore, we decline because the courts will decide whether to ask for any evidence or not.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Kajuju

Contribution She Made On: THE PROTECTION AGAINST DOMESTIC VIOLENCE BILL

Hon. (Ms.) Kajuju: Thank you, hon. Temporary Deputy Speaker. Let me pass my congratulations to the Chairman of the Departmental Committee on Justice and Legal Affairs because it is under his chairmanship that we have been able to rise to the occasion and ensure that domestic violence is recognised within an African setup. I have experienced situations where persons have experienced domestic violence in a family and when they report such a situation, they are sent away and told that it is not a matter for the police or it is not a matter that is supposed to be investigated. This Bill gives every law-enforcing officer the capacity and the locus standi to intervene and arrest a situation that would otherwise mess up a family. I appreciate the Eleventh Parliament and the Departmental Committee on Justice and Legal Affairs for going through this Bill and passing it in the manner it is. I appreciate and thank you all. We have done it as the Eleventh Parliament.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) A.W. Ng’ang’a

Contribution She Made On: THE PROTECTION AGAINST DOMESTIC VIOLENCE BILL

Hon. (Ms.) A.W. Ng’ang’a: Thank you very much, hon. Temporary Deputy Speaker. I take this opportunity to thank the Chairperson and all the Members who contributed to this Bill. I have never sat down in Parliament like I have done when this Bill was being discussed. I have been here throughout because I really wanted to contribute though today I did not catch the Speaker’s eye.

Family is a very important institution. We should respect and guard it. This Bill is talking about family, domestic violence and how to protect the family. It is the family that nurtures the children when they are growing up to become important people in the society. It is also the same family that protects both men and women.

This Bill has talked about protection of everybody. Just like the way we respect other institutions, it is high time for everybody to know that the family should be respected. Every person, even at the family level, has a voice and an opinion. Their opinion should be respected and not that when you have divergent opinion you start fighting. Now there are procedures and rules that both sides should engage in. It protects both men and women. We have heard of how men are usually molested every now and then. I congratulate the Members and the Chair. It is a wonderful Bill. I am proud that we have it now.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Musyoka

Contribution She Made On: THE PROTECTION AGAINST DOMESTIC VIOLENCE BILL

Hon. (Ms.) Musyoka: Thank you. I want to thank the Chair and all the Members who have put so much effort into this Bill. This is one of the most important Bills. To see it going through is a great day for Kenyan families. The first institution that God made was the family and being so important and having violence in families, we have done something worthwhile for Kenyans. I cannot wait to see its implementation and to see Kenyans being protected by law. The first thing that we should do is to strengthen the structures that already exist. We need to have desks in police stations and hospitals where people can report these cases without being harassed. We are going to champion such activities. I am sure that with this Bill we have so much power to protect the rights of the victims. With this, coupled with the Victims Protection Bill, we are good to go.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Ombaka

Contribution She Made On: THE PROTECTION AGAINST DOMESTIC VIOLENCE BILL

Hon. (Ms.) Ombaka: Thank you, hon. Temporary Deputy Speaker. I am proud because this is a historic day. We have come up with a Bill that is going to protect the family. When a family is protected, the nation is protected. It is a Bill which protects women, men, children, old men and old women as well as people living with disability. It is an encompassing Bill. Therefore, it is the right Bill. We are proud of it. We now wait to see its implementation. I am proud to hear from my eminent Chair of the Committee on Justice and Legal Affairs saying that funds have been allocated for its implementation. We are, therefore, moving right ahead to start implementing it. I am very proud to be a Member of the Eleventh Parliament which will be associated with this wonderful Bill whose purpose is protection of the entire country.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) R.K. Nyamai

Contribution She Made On: THE PROTECTION AGAINST DOMESTIC VIOLENCE BILL

Hon. (Ms.) R. K. Nyamai: Thank you very much, hon. Temporary Deputy Speaker, for giving me this opportunity. I would like to join my colleagues in congratulating the Parliamentary Committee on Justice and Legal Affairs, and indeed all Members of Parliament who have worked through this important piece of legislation, which is going to protect Kenyans. The enactment of such law is actually long overdue. We should be happy. I am happy to be a Member of the Eleventh Parliament, which has seen this process come to pass. I look forward to seeing its implementation.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Muhia

Contribution She Made On: THE PROTECTION AGAINST DOMESTIC VIOLENCE BILL

Hon. (Ms.) Muhia: Thank you, hon. Temporary Deputy Speaker. I am most excited because the day this Bill started its journey I was in Ol Kalou Constituency rescuing a girl who had been subjected to gender-based violence. She had been raped and had real problems. I am happy because the Justice and Legal Affairs Committee has given justice to Kenyan people today. I am also happy because of the women caucus at that corner. They have walked through this journey with us. In fact, they have brought us together, done a lot of research and they have been encouraging us.

Finally, I wish to see the President sign this Bill very fast but we should also remember that Bills are passed and never implemented. I encourage Members to sensitize the public and do civic education so that they are aware of the new law. Tomorrow I want to see newspapers in black and bold writings that 11th Parliament did pass this Bill as they do with other issues.

Date 19th March, 2015

Member of Parliament: Hon. (Ms) Mitaru

Contribution She Made On: THE PROTECTION AGAINST DOMESTIC VIOLENCE BILL

Hon. (Ms.) Mitaru: Thank you, hon. Temporary Deputy Speaker for giving this chance. I had to leave the House this afternoon briefly to go and support a 100-year old woman who had gone through this kind of system and had been imprisoned for a couple of weeks or months. I want to congratulate the Departmental Committee on Justice and Legal Affairs Committee for coming up with this system.

Hon. Temporary Deputy Speaker, I support because every time there is fighting in the family, women and children suffer most. As a woman, I have realised that there is even no age category. Today we have just helped to remove a 100-year old woman from prison because of this kind of issue. They will be protected. I am very proud. I feel blessed and I pray that our people at the rural level will be taught so that everybody will understand the rights of every child, woman and man so that we can build a good nation. Any nation in the world depends on how we respect and care for each other and how much we take care of the laws that protect the needy, particularly the disabled and those who are voiceless and hopeless. I feel very proud.

COMMUNICATION FROM THE CHAIR

Date 24th March, 2015

Member of Parliament: Hon. (Ms) S.W. Chege

Contribution She Made On: FOURTH RETREAT OF NATIONAL ASSEMBLY LEADERSHIP Hon. (Ms.) S.W. Chege: Thank you, hon. Speaker. Hon. Kajuju extended her courtesy to me and allowed me to use her card, but she also needs to take me through the process of signing in.

Hon. Speaker, I beg to lay the following Paper on the Table of the House:- Report of the Departmental Committee on Education, Research and Technology on the vetting of nominees for the positions of members of the Teachers Service Commission.

Date 24th March, 2015

Member of Parliament: Hon. (Ms) S.W. Chege

Contribution She Made On: ADOPTION OF REPORT ON TSC NOMINEES Hon. (Ms.) S.W. Chege: Thank you, hon. Speaker. I beg to give notice of the following Motion:- THAT, pursuant to Section 8 of the Teachers Service Commission Act and provisions of Standing Order No. 45, this House adopts the Report of the Departmental Committee on Education, Research and Technology and approves the appointment of the following as members to the Teachers Service Commission: 1. Mr. Mbarak Said Twahir – Member 2. Mr. Kinoti Imanyara – Member 3. Mr. Tache Bonsa Gollo – Member 4. Mrs. Beatrice Marembo Adu – Member 5. Mr. Albert Fred Ekirapa – Member

BILLS

Date 24th March, 2015

Member of Parliament: Hon. (Ms) Odhiambo-Mabona

Contribution She Made On: THE PUBLIC PROCUREMENT AND ASSET DISPOSAL BILL

Hon. (Ms.) Odhiambo-Mabona: Hon. Temporary Deputy Speaker, I will try to do as directed. Let me first thank you for giving me the opportunity to contribute to this Bill.

From the outset, I want to say that I support this very good Bill. The main aim of this Bill is to enhance the core principles of governance, which include transparency, accountability, prudent utilization of public resources, public participation and inclusion of disadvantaged groups in the economy, with the ultimate aim being poverty alleviation. It comes at a good time, especially when we are dealing with the issue of devolved government; which is a new creature under our new Constitution, and the Constituencies Development Fund (CDF), which is also seen as a devolved fund. Hon. Temporary Deputy Speaker, as you know there have been a lot of misconceptions, especially in relation to CDF funds. That is why I am really happy that this Bill has come at this time. I have heard and seen the public discussing this issue of CDF. I see people saying that for the first time Members of Parliament will not have any money to dip their hands into. A lot of people do not realise that there is a CDF national board and a committee at the local level. There is also a whole Act that regulates how CDF is managed. Part of that process includes procurement, which is governed by this Bill. I know that we will have sufficient time to ventilate the issue of CDF but I want to say that other than the fact that we need to tighten some issues, the CDF is one of those funds which have been extremely helpful indeed. Even though the CDF kitty has much less funds than the funds given to the county governments, it definitely has more benefits to the public. In fact, if CDF was to be removed we would not have support for our primary and secondary schools. Therefore, I see this Bill as having come at a very timely point in time, at which we can also allay the fears that people have that MPs can just wake up one morning and say “do this and that”. There are very clear laws that govern how tenders are awarded. The other reason why this Bill is timely is because of the issue of devolution, as I have indicated. Our governors receive a lot of money. One of the things I have noticed, which is a very common characteristic of a lot of the counties, is that most of the people who are employed are people who have never worked in government before. They may be qualified but because they do not know how Government works, we have a lot of challenges in many counties. I know a lot of people have complained about the Transition Authority but I know it also did not have sufficient capability to deal with the transitional issues in relation to the counties. I want to urge both the county governments and the national Government that they need to take these issues seriously because some of us would have absolutely and completely supported the scrapping of CDF and have it transferred to the county governments, if we had faith in them. However, we have not reached the level where we have faith in the county governments, especially on issues of procurement. We have county governments which are very good on paper. They can even write for you and tell you that they went through such and such process but when you go to the ground to find out whether those goods or services that were said to have been supplied are there, you find that they are non-existent. You wonder where this money goes. So, that is why I am very happy that this Bill seeks to tie the loose ends by providing that, as part of procurement, you can actually go to the ground and assess whether the work has been done. Part of it is verification of purchase of goods and services. That is one of the reasons as to why I support this Bill. I want to pick on some salient issues in this Bill. I want to note my concern that even as we are debating this Bill, I do not see the Chairman of the relevant Committee. As much as I know that they may be able to read the HANSARD, I know that sometimes because of lack of time, they may not be able to get everything that hon. Members said. I want to encourage the House leadership to encourage---

Date 24th March, 2015

Member of Parliament: Hon. (Ms) Odhiambo-Mabona

Contribution She Made On: THE PUBLIC PROCUREMENT AND ASSET DISPOSAL BILL

Hon. (Ms.) Odhiambo-Mabona: Thank you, hon. Temporary Deputy Speaker. I want to thank you for noting that you are taking it up with the Liaison Committee. One of the things that is of concern to me is that in the past, I have known in the House that whenever we have put contributions and suggestions of Members by way of procedure, when we raise concerns, we do not have to bring individual amendments. However, because I have seen that the chairs of committees do not take that role seriously, we are forced to bring individual amendments, as I am going to be forced to bring mine. I hope once you take it up with the Liaison Committee, it will be sorted out. I will be proposing amendments on Clause 2, on the definition of ‘contract administration’. This is because from a legislative perspective, if you provide terminologies such as this one among others, it is actually subject to abuse because somebody else who will be reading the law, be it the Cabinet Secretary or someone else, will bring up all manner of terms into that definition. Another place where I want to propose an amendment is still in Clause 2 on the definition of ‘disadvantaged groups’. This is because it does not define what ‘disadvantaged groups’ are yet we know from the spirit from Government policy that disadvantaged groups include women, the youth and persons with disabilities. So, even if you want to leave it open-ended, it is good to leave it open-ended while you have already recognised the groups you want to include. Another thing that I hope the Committee will take up, as an issue of concern, is the issue of tender box which is defined to include virtual box. Even though we know that Information and Communication Technology (ICT) is a very progressive thing and that the country is going digital, my concern is how to secure a virtual tender. It means that you only have a few Kenyans who are ICT knowledgeable. Therefore, it means that you are giving them some sort of monopoly over the tendering process, which then goes counter to governance principles. I will not talk to the issue of Cabinet Secretary and the powers they are given on appointments of regulatory board members and other appointive positions, which members have spoken to at length. Personally, I have proposed amendments to that area because it is not a good governance practise. One of the things I am proposing consistently is to make the process open, transparent and competitive where appointments are concerned. That is in tandem with even previous laws we have passed. An example is Clause 10. In order to save time, I will not go into the details. The other issue that I would like to speak to is one that hon. Ogari spoke to last week. I respect the fact that he is a professional. I am not a professional in this area and a lot of times I stay in this House to be persuaded especially by the professionals in this area. He did not persuade me especially on the issue of benchmarking, and more so on prices. Those of us who are managing CDF know that we have average costs, for instance, in terms of development of classrooms, depending on topography and transportation costs. However, the cost of a classroom can never go beyond Kshs1 million yet we know that in county government tendering, constructing a classroom can cost up to Kshs14 million. That is why it is important to provide for benchmarking and standardising costs for different goods and services. Of course, I know that we must be doing that in respect of professions that have set those standards including law. However, for the general ones especially for supply of goods, I think it is important that we standardise them. Another issue of concern to me, and which I want to appreciate in this Bill, is that it provides for the issue of blacklisting agencies and persons that have not complied with the law in the past. I do not want to pre-empt debate because I know that the Committee on Agriculture, Livestock and Cooperatives is dealing with the report from Mumias Sugar Company (MSC). The kind of rot that we have seen and the kind of things that people have done in public institutions in the past is amazing. In Mumias Sugar Company you find that we had companies that were blacklisted yet they were still being contracted to do work for it. Mumias Sugar Company still goes ahead and gives them more money and tenders even after they are blacklisted and have failed to deliver. I am glad that this is now being made a criminal offence. I would also want us to be consistent in language so that we use the same language as the one used in the Constitution. I have just noticed that in Clause 23 we talk about regional balance yet the Constitution talks about regional and ethnic balance. I was one of the members in the Parliamentary Select Committee on Constitution and this is one of those things that we discussed at length and Members were a bit hesitant at using the word “ethnicity”. We said that we will always marginalise small communities if we do not use it. I am half Luo and half Suba. I am happy because I am partly a majority and partly a minority. If we said we want to balance for instance appointments in Homa Bay County, we can actually give an appointment in Mbita to a Luo and we would have satisfied the regional balancing but we would not have done ethnic balancing. Because of that, we provided regional and ethnic balancing in the Constitution so that we do not have main tribes always taking every slot against the minority tribes. Therefore, I am also proposing amendments that bring in the issue of ethnic balancing.

Date 24th March, 2015

Member of Parliament: Hon. (Ms) Odhiambo-Mabona

Contribution She Made On: THE PUBLIC PROCUREMENT AND ASSET DISPOSAL BILL Hon. (Ms.) Odhiambo-Mabona: Hon. Temporary Deputy Speaker, the balancing does not have to take into account all tribes at once. It is a debate we have had at length in the National Cohesion and Integration Act. In the Constitutional Implementation Oversight Committee (CIOC) where I was the Vice Chairperson in the last Parliament, we agreed that in constitutional appointments or those of other bodies, you look at them as a whole. I will give you an example of the Kurias. If you look at them as a whole, and supposing we said we are taking into account regional balancing and positions are given consistently to one tribe in Migori, we would have taken regional balancing into account when you look at the commissions or committees as a whole. It is something that cannot be satisfied at once but one which we must be conscious of all the time as a country in order to take into account minority interests. That is one way of redressing the minority issues. I am the one, as Vice Chair of the Legal Committee, who moved major amendments to the National Cohesion and Integration Act. Indeed, one of my concerns with that Act is that the Commission is not doing its work. If you go to counties like Homa Bay where I come from, three quarters of the people employed in the county are Luos. We were not trying to balkanise the country when we were bringing devolution. The counties must do something to integrate other tribes. It is not just Homa Bay. The same applies to Nairobi as it applies to Mombasa and other counties. I want to encourage the Chairman of the Commission to do an audit of the counties to see whether they are complying with the National Cohesion and Integration Act, which I do not think they are doing. Though I have a lot, I do not want to take much more time. We had agreed that I would let go of the time. I want to finalise by saying that I would want to urge that part of the work the regulatory authority is doing should include mandatory report of compliance to this law by each county government to Parliament and county assemblies. That means county governments, in compliance with the law on Public Procurement and Asset Disposal, are going to tell us how they have included the minorities, women, youth and persons with disabilities. Right now it is not obligatory in the Act that they must give a report specifically relating to each county. What is provided for is that they can bring some sort of an overall report on policy issues and implementation. I would want the report to be more specific. In order to zero in on counties, we must hold them accountable the same way we are holding constituencies accountable.

Date 24th March, 2015

Member of Parliament: (Ms)Keraa

Contribution She Made On: THE PUBLIC PROCUREMENT AND ASSET DISPOSAL BILL

Hon. (Ms.) Keraa: Thank you, hon. Temporary Deputy Speaker, for giving me the opportunity to contribute to this very good Bill. The enactment of this law is intended to give effect to Article 227 of the Constitution. It seeks to provide a procedure for efficient public procurement and assets disposal by public entities and for connected purposes. Article 227 talks about procurement of public goods and services. Please, allow me to read it out.

Date 24th March, 2015

Member of Parliament: (Ms)Keraa

Contribution She Made On: THE PUBLIC PROCUREMENT AND ASSET DISPOSAL BILL

Hon. (Ms) Keraa: Hon. Temporary Deputy Speaker, Article 227(2) provides for categories of preference in the allocation of contracts, the protection or advancement of persons; categories of persons or groups previously advantaged by unfair competition or discrimination, sanctions against dishonesty, contractors who have not performed according to professionally regulated procedures, contractors who have breached contractual agreements and registration or have been guilty of corrupt practices or serious violation of fair employment, laws and practices. Hon. Temporary Deputy Speaker, the Kenya Constitution requires prudent use of taxpayers’ funds so as to ensure there is value for money to achieve in all public spending decisions. Accountability in public procurement system in Kenya in the past decade has undergone significant changes, from a system without regulations in 1960s to a system regulated by the Treasury circulars in 1970s, 1980s and 1990s. Finally, there was the introduction of the Public Procurement and Asset Disposal Act of 2005 and 2006 setting new standards for procurement procedures in Kenya. Therefore, I want to support this Bill; it is a good Bill.

Date 24th March, 2015

Member of Parliament: (Ms)Kedogo

Contribution She Made On: THE PUBLIC PROCUREMENT AND ASSET DISPOSAL BILL

Hon. (Ms.) Kedogo: Yes. Thank you, hon. Temporary Deputy Speaker. I note that this Bill has a constitutional deadline of 26th May, 2015 as per Article 261 of the Constitution. That is why I support it but with amendments. As we know, this Bill is important because public procurement plays an important social, economic and political function. Socially, public procurement can be used to uplift previously marginalized groups by giving them preferential access to tenders especially women, youth and even persons with disabilities. If we have an example of India, the Government of India encourages each village to produce a single product which it can sell to the Government. This has been addressed by Part XII of the Bill especially when, as Kenyans, instead of importing we would like to be supported so that we can export. Even in counties, that is what should be happening where the marginalized like women, people with disabilities and the youth should be given the tenders to come up with products which they can sell to the county governments or sell in Kenya. Politically, public procurement can be a major issue because it can be used to marginalize or uplift specific regions. Sometimes you find that if I did not vote for you, then you will not give me tenders. But if there is this board and if it will be in place, it will curb that. With the amendments to clause 15, I would wish that the Director-General of Procurement be appointed by the Cabinet Secretary the way it is but with approval of the National Assembly because some people may take advantage of just picking any person. With Clause 10, I wish that there would be members of professional bodies in that Board so that they know what they are doing or discussing. Sometimes, somebody may be appointed who does not even know what is supposed to be done in the process of procurement. Those are the amendments that I would come up with. On Clause 33, this Bill is part of the reforms and specifically includes new areas. The new areas are the county treasury where they will co-ordinate administration and do monitoring and evaluation according to those points that are there. Thank you, hon. Temporary Deputy Speaker. Let me give my two minutes to hon. (Ms.) Rachel.

Date 24th March, 2015

Member of Parliament: (Ms) Amolo

Contribution She Made On: THE PUBLIC PROCUREMENT AND ASSET DISPOSAL BILL Hon. (Ms.) Amolo: Thank you, Temporary Deputy Speaker. I stand to support this Bill. It is a rich Bill. I will just touch on a few issues. This Bill will really help the suppliers and the contractors in this country especially once we come up with the regulations of how to regulate this Bill through the Public Procurement Regulatory Authority because everything will be streamlined. It will also help us to know what is supposed to be disposed. It will also come up with a way of how to investigate and a board that will be listening to those who have complaints from the tenderers and the contractors.

When we look at Clause 143, where it says that we will be required to sign a performance security and it will be 5 or 10 percent of the contract value, I feel this will be another issue that will not allow some other suppliers and contractors to be able to win contracts. For instance, if a contract is about Kshs30 million, it will be very hard for some people to get the Kshs3 million to put down as their security. I will come up with amendments on that.

When it comes to foreign contractors, I was looking at it that maybe before we give a contract to a foreigner, he or she will need to partner with a local contractor or supplier so that Kenyans can also benefit from this.

With those short remarks, I say thank you, hon. Temporary Deputy Speaker. I support this Bill.

MOTION

Date 25th March, 2015

Member of Parliament: (Ms) Korere

Contribution She Made On: COMPENSATION OF MAU MAU VICTIMS BY THE BRITISH GOVERNMENT

Hon. (Ms.) Korere: Ninashukuru mhe. Naibu Spika wa Muda. Ningependa pia kumshukuru Mbunge aliyeweka Hoja hii mbele yetu na kwa busara kubwa ambayo ametumia. Itafahamika kwamba dhuluma waliofanya hao wabeberu kwa nchi hii ni nyingi sana. Tukisema Mau Mau, itafahamika kwamba kila kabila la Kenya lilikuwa na Mau Mau yao na inategemea kila kabila liliita Mau Mau yake nini. Waliyoyafanya hao wabeberu katika nchi hii na kuwadhulumu watu wa Kenya yalikuwa mabaya na mengi sana. Kwa mfano, waliwafunga mashujaa wetu, mmoja wao akiwa ni hayati mwanzilishi wa taifa hili Mzee Jomo Kenyatta. Itafahamika kwamba tukiongea juu ya mashujaa na dhuluma ambazo walifanya wabeberu, na tunataka fidia ilipwe ili kufidia wale ambao walipata madhara kutokana na wabeberu na mambo waliyofanya. Itakumbukwa kwamba wanawake wa nchi hii walifanya mambo mengi kupigania uhuru wa Kenya. Lakini mara nyingi, wanawake wamesahauliwa katika kufidia mashujaa. Itafahamika kwamba wanawake wengi waliwachwa na mzigo wa kulea familia, na baadaye kufanywa wajane, baada ya mabwana zao kuuawa. Pia, wanawake wengi ambao mabwana zao waliwekwa vizuizini walinajisiwa na maafisa weupe na kubebeshwa watoto weupe ambao leo hii hawana baba; sijui wanaitwa wa nani. Itafahamika kwamba baadhi ya taabu tulizonazo leo katika Kenya ni zile ambazo tumeridhi kutokana na ukoloni wa wabeberu, mojawapo ikiwa ni shida ya ardhi. Tukiongea juu ya shida ya ardhi, itafahamika kwamba hadi tunapoongea siku ya leo--- Ukitembea katika eneo la Laikipia, utapata kwamba 90 per cent ya ardhi bado inamilikiwa na watoto wajukuu wa waliokuwa wakoloni. Wenyeji wameachwa wakipigania vijipande vidogo sana vya ardhi. Kwa hivyo ni muhimu tutilie mkazo iwapo tunataka haki itendeke. Inatubidi tufahamu yale ambayo yaliaachwa na hawa wabeberu. Zile taabu ambazo tulirithi na tungali tunaishi nazo ziangaliwe. Mashujaa wote wafidiwe bila kujali wametoka sehemu gani. Bi. Naibu Spika wa Muda, baadhi ya wale ambao walikuwa askari wa kikoloni, yaani British Army, walifanya mazoezi katika sehemu tofauti tofauti za nchi hii. Baada ya kutoka katika sehemu hizo,waliacha mabomu ambayo mpaka leo yanaendelea kuwaua wenyeji na kuathiri mifugo. Walifanya mambo mengi ambayo ni ya kuvunja moyo sana.

Date 25th March, 2015

Member of Parliament: (Ms) Korere

Contribution She Made On: COMPENSATION OF MAU MAU VICTIMS BY THE BRITISH GOVERNMENT

Hon. (Ms.) Gathogo: Asante sana, Mhe. Naibu Spika wa Muda kwa kunipa nafasi hii ili niongee kuhusu Hoja hii ambayo ni muhimu sana ambayo ni ya kuwatetea wananchi.

Tunapoongea kuhusu mambo ya wazee ambao walipigania Uhuru wetu, inaonyesha kuwa kuna mambo ambayo yanafanyika katika nchi hii yetu ya Kenya. Kuna watu muhimu sana lakini mara kwa mara, wanasahaulika. Nimetoka katika Kaunti ya Kiambu lakini sina uhakika kwamba watu wote ambao walipigania Uhuru walipata fidia. Kwa sababu hapa hatugombani, ni ukweli kuwa kuna watu wengi ambao walipigania Uhuru, lakini ni wangapi ambao walipeleka kesi kortini na wakasaidika na ile fidia kidogo ambayo ilitolewa? Kwa hivyo, tunafaa kuungana kama Wakenya bila kusema ni kabila fulani ama nyingine ambayo ilipata hiyo fidia kidogo ambayo ilipatikana.

La muhimu zaidi ni kuwa hatutaki kuwasahau hawa watu. Juzi, nilihudhuria mazishi ya cucu Mumbi, lakini ukiangalia hawa watu wamesahaulika. Hata kama ulipata hiyo pesa ama haukupata, la muhimu ni kuwa Serikali inawakumbuka hawa watu hata wakati wako nyumbani kwao.

Ningeomba sisi wote kama Wabunge ambao tunawakilisha Kenya nzima tushikane pamoja ili tujue ni nani amewachwa nje na ni nani amesaidika. Tukikaa hapa, hatuwezi kujua ni akina nani wamewachwa. Kuna watu wengi katika Kenya ambao wakisikia kuwa kuna mahali ambapo kunapatikana pesa, wanajiita jina la Mau Mau na majina mengine kutoka kwa kabila tofauti. Tunafaa kuangalia ili tujue ni nani alipigania Uhuru na ni nani alikuwa katika mstari wa mbele. Tunafaa kuwa wavumilivu na tusichukulie kuwa Gitu Kahengeri aliwapeleka Wakikuyu ng’ambo ama mwingine alipeka watu kutoka kabila fulani. Tunafaa kushikana ndio kila mtu aweze kusaidika kwa sababu wote walitupigania.

Watoto ambao wako nyuma yetu hawajajua jina “Mau Mau” lina maana gani. Nikijua tulipiganiwa na tukashida, sitaki watoto wangu wajue maana ya “Mau Mau.” Ninataka kuwaonyesha kuwa tuko katika nyakati zingine. Ni vizuri watoto wetu wasome kuhusu zile nyakati za zamani ili waweze kujua ile kazi ngumu ambayo ilifanywa katika taifa letu la Kenya. Ninaunga mkono na ninamshukuru sana Mbunge aliyeleta Hoja hii katika Bunge.

Date 25th March, 2015

Member of Parliament: (Ms) Korere

Contribution She Made On: COMPENSATION OF MAU MAU VICTIMS BY THE BRITISH GOVERNMENT

Hon. (Ms.) Chidzuga: Shukrani sana, Mhe. Naibu Spika wa Muda kwa kunipa nafasi hii ili niweze kuchangia Hoja hii ambayo imeletwa na Mheshimiwa mwenzetu.

Ninampongeza mheshimiwa kwa kuwa hii ni Hoja muhimu kwa maisha ya Mkenya. Ningependa kumpongeza kwa kuwa ametambua kwamba ni wachache wametambulika katika kufidiwa na wakoloni. Kwa kweli, upiganiaji wa Uhuru haukuwa katika sehemu moja ya Kenya hii; ulikuwa katika kila pembe za nchi hii. Kwa sababu ya hali ya umaskini uliowakabidhi watu wetu katika maeneo mengine, mpaka sasa, hawajaweza kwenda kortini ili kutetea haki zao. Ni wajibu wa Serikali kusimama kidete kuwatetea Wakenya.

Ninamshukuru mheshimiwa kwa kuwa ameweza kuyataja maeneo husika lakini kwa uchache, ningependa pia kuwataja mashujaa kutoka sehemu ya Kwale maana kunao walioweza kujitokeza na kupigania uhuru wa nchi hii; kwa mfano, Mzee Bilashaka, Mzee Mwamgunga, Mzee Mbembe, Mzee Bambaulo na nyanya yangu, ambaye alikuwa mpishi wa wapiganaji wa Mau Mau. Mababu zangu pia walikuwa wapishi wa wapiganaji wa Mau Mau. Kuna Mzee Munyambu Mbaa Kivanguli, kutoka Ukambani, ambako ndiko kwenye usuli wangu kwa upande wa babangu. Kuna Mzee Mwamgogo, Mzee Jerumani na Mama Mekatilili, ambaye alitoka sehemu za Ugiriama. Hao ni miongoni mwa wale ambao waliweza kututetea. Wako wengine wengi ambao hatuwajui.

Ni wajibu wetu sisi kama Waheshimiwa kwenda mashinani na kuleta rekodi kamili kwa maana kila mmoja wetu anamjua ni nani aliyeweza kusimama kidete katika sehemu yake ya uwakilishi na kutetea haki za Wakenya. Baadaye, tunapaswa kuwa na kamati maalumu ambayo itaisukuma Serikali yetu ili iweze kuwatetea watu wetu ili waweze kupata haki yao. Hata kama watu hao wameshakufa, wameacha watoto na wajukuu. Hatutakwenda tukamfukue mtu ndiyo aje aseme kwamba aliteswa, lakini tunawajua wale ambao waliteseka. Kwa hivyo, ni wajibu wetu, kama Waheshimiwa, kuchukua rekodi na kusimama imara kuwatetea hao ndugu zetu. Kutambuliwa tu kama mashujaa, haijatosha. Baadhi yao hawatambuliwi kamwe kama mashujaa. Wapeni kitu familia zao ishikilie, na ishukuru Mwenyezi Mungu kwamba kutoka na kizazi chao, wameweza kunufaika katika familia yao.

Hoja aliyotuletea Bungeni mheshimiwa huyo siyo kana kwamba aliumia peke yake, lakini Mwenyezi Mungu amemuwezesha na kumpa moyo ili aweze kuileta Hoja hii Bungeni. Sisi, kama Waheshimiwa, tunaiunga mkono. Kwa niaba ya watu wa Kwale, ninampongeza na kumshukuru. Tuendelee kushikana mpaka Mkenya apate haki yake. Haki bado haijatendeka kwa wale ambao walipigania uhuru wa nchi yetu. Kuongezea, kuna maovu yaliyotendwa baada ya wakoloni kuondoka. Tunataka hayo maovu pia yafuatiliwe, haswa upande unaohusika na masuala ya ardhi. Suala la ardhi limeumiza watu. Mpaka sasa tunaishi kama maskwota licha ya kwamba tunasema tuko katika Kenya huru. Kwa hivyo, tunaiomba Wizara inayohusuka na masuala ya ardhi, pamoja na Tume, wajikakamue zaidi. Pesa tulipitisha tukawapatia. Tunachotaka ni kuona kwamba ardhi yetu imeregeshwa, na ardhi yenye utata ishuhulikiwe ili mwenye ardhi apewe ardhi yake bila kucheleweshwa.

Ahsante sana, tunaishukuru Serikali yetu na kumshukuru sana mheshimiwa mwenzetu kwa kuileta Hoja hii Bungeni. Kwa hayo machache, ninaiunga mkono Hoja hii.

Date 25th March, 2015

Member of Parliament: (Ms) Korere

Contribution She Made On: COMPENSATION OF MAU MAU VICTIMS BY THE BRITISH GOVERNMENT

Hon. (Ms.) R.N. Wanyonyi: Thank you, hon. Temporary Deputy Speaker, for giving me the opportunity to contribute to this Motion. I thank hon. Wangamati for coming up with this particular Motion. To me, it evokes a lot of emotions. There are names of certain places in my county of Bungoma that I later came to learn that had a lot to do with the liberation struggle of this country. We have places like Mabanga, which in the local language means “a place where blood was shed”. If you inquire why it was given that name, you will learn that our people died in the struggle for freedom.

People were killed by the British Army whenever they resisted colonization. Places like Chetambe and Lumboka are known for the independence struggle of this country. Those were places where the African people who resisted the British colonial rule were killed. Up to now, the people living in those places are stigmatised because of the manner in which their people were killed. There are certain phrases that were used at that time, for example the “war of diarrhoea” which in the Luhya language means “the war of kumunyalasia”, which means war where resistance of people armed with crude weapons could not march the British defences, who were armed with guns. People were killed in such a manner that they could not withstand. As we talk of how to compensate the victims of the struggle for independence, we need to understand that the atrocities happened across the country. It would, therefore, be unfair to compensate different people in piecemeal. It is important that we sit down, as a Government, and assess the magnitude of the matter across the country. We should go back in history and look at the reports of our population census that we carry out every 10 years. There must have been a census taken in 1949 and 1959. We could use the 1949 census report as a benchmark for compensation. The people who were around then are the ones who should be compensated by the British Government for the atrocities they suffered as they struggled to liberate this country. We need to come up with a benchmark of that kind.

I agree with hon. Members who suggested that we come up with a committee that will assess the situation with a view to compensating all Kenyans who were affected, and not just those who had the advantage of accessing the court in London. Such an approach will help to resolve the problem once and for all.

If I may go to the issue of Dini ya Musambwa, I would like to thank hon. Wangamati for mentioning it. It must go on record that when we talk of the very first African religion, it is Dini ya Musambwa.

Its founder, Mzee Elijah Masinde wa Nameme is one of those people who resisted the British. He is one person whose whole life was actually torn into war with the British. Left and right, he struggled so much. As we are talking, those are some of the heroes that are very much unsung to the dismay and shame of some of us who stand here and cannot remember how they struggled to have the freedom that we are enjoying now. In fact, as we talk, the late Mzee Elijah Masinde wa Nameme, in my view, is one person we should have an institute or even a whole university built in his honour in the Western Kenya region. That will be in memory of the struggle for the freedom we are enjoying right now.

As I finish, I want to thank hon. Patrick Wangamati for bringing up this Motion and I urge Members that we support and pass it. Let us dance and embrace our heroes and be Kenyans who can make those who struggled proud and be remembered.

With those few remarks, hon. Temporary Deputy Speaker, I support this Motion. Thank you.

Date 25th March, 2015 Member of Parliament: (Ms) Leshoomo

Contribution She Made On: COMPENSATION OF MAU MAU VICTIMS BY THE BRITISH GOVERNMENT

Hon. (Ms.) Leshoomo: Ahsante Mhe. Naibu Spika wa Muda kwa kunipa nafasi hii hata mimi nimshukuru Mhe. Wangamati kwa kuleta Hoja hii. Nafikiri tunazungumzia mambo ya wazungu wakoloni. Nafikiri kila mahali katika Kenya ilipata shida kwa sababu watu waliteswa. Mahali nimetoka kama Samburu, Wakenya wote wanajua wakati Jomo Kenyatta aliletwa huko kufungwa. Watu wanajua yale mateso Wasamburu walipata wakati huo. Ni mateso hata babu zetu wakituambia leo, tunatoa machozi hata kama hutukuona.

Maajabu yalifanyika. Haikujulikana vile wananchi walifanyiwa wakati huo. Haswa ukienda Samburu, kuna mzee mmoja kwetu anaitwa Leaduma. Ukitaka kumpiga mwanamke au mtoto unamwambia: “Nitakupeleka mahali Leaduma alipelekwa.” Lakini hatujui Leaduma alipelekwa wapi. Kwa hivyo, wale wenzetu waliopigania Uhuru wa Kenya, nafikiri ni Wakenya wote. Hakuna pembe haikuteswa ama kuwa na waliopigania Uhuru na kuteswa. Tuna mzee mmoja, marehemu, alikuwa anaitwa Lekalja. Ndiye alimlisha marehemu Jomo Kenyatta katika Samburu. Wakati alikuwa anaenda kupeleka maziwa ama nyama yake, ile taabu alipata ilikuwa ni ya maajabu sana. Hadi sasa, familia ya Lekalja ama familia ya Leaduma tunavyosikia bado wanafuata historia ya baba zao walivyofanyiwa.

Wakenya wengi au wazee waliopigania Uhuru wamekufa na familia zao bado wanafuatilia historia za familia zao. Serikali yetu ingeangalia hizo familia na kuona vile zitasaidiwa. Ama wakoloni – sisi tunawaita makaburu – wasaidie hizo familia. Ukiangalia mambo ya ardhi, kutoka kwetu hadi Laikipia, hao mabeberu bado wameisimamia. Bado hayo mashamba ni yao. Hata sasa tukitaka nyasi, hatupati. Ile taabu tunayo sasa ni kuwa wamechukua ardhi yote katika Laikipia. Hata nyasi hatupati. Bado wanawatesa watu wetu wakienda kutafuta nyasi. Bado wanawatesa watu wetu hata wakienda kutafuta maji kwa sababu wamechukua ardhi yote. Kwa hivyo, haya mambo ya Mau Mau yalikuwa ya Wakenya wote. Wote walipigania Uhuru wetu.

Kwa hivyo, Serikali ingeangalia wale mabeberu wamebaki hapa - hata kama wanasema wao ni Wakenya - bado wanawaona Wakenya ni kama wako katika ukoloni. Hii ni kwa sababu tunaona watoto wetu wakipigwa wakipatikana wakifuga ng’ombe katika mashamba ya wazungu. Bado unapigwa, unateswa na unapigwa risasi. Hakuna kitu hatufanyiwi wa wale walibaki. Kwa hivyo, ningetaka kusema warudishwe kwao. Bado tuna uchungu sana. Yangu ni kusema tu tunaunga mkono na tunamshukuru Mhe. Wangamati kwa kuleta Hoja hii. Napendekeza kamati iundwe kutoka Bunge ili izunguke na kuyachukua majina ya familia ya wale waliopigania Uhuru. Pia, wale waliopigana katika Vita vya Pili vya Dunia, wangewekwa pamoja kwa sababu hawajulikani. Wakati wa Mashujaa Day, ingefaa wale wamebaki wapewe nafasi ili wapate kujulikana hasa na watoto wa kisasa kwamba ndiyo walipigania Uhuru wetu.

Date 25th March, 2015

Member of Parliament: (Ms) Ghati

Contribution She Made On: COMPENSATION OF MAU MAU VICTIMS BY THE BRITISH GOVERNMENT

Hon. (Ms.) Ghati: Thank you very much hon. Temporary Deputy Speaker for giving me this opportunity. It allows us to pay tribute to those people who went before us. They sacrificed their lives, families, comfort and health so that this country is safe and independent. I remember when I was growing up, hearing of names like Dedan Kimathi, Mekatilili and all other people who fought for the independence that we are enjoying today. It pains me that, at this time and moment in life, we find that there are people who are languishing in poverty. We should not be a country that is using the Judiciary and the courts to give justice and rights to those people. Hon. Temporary Deputy Speaker, the United Kingdom Government has agreed to compensate a section of people who fought for independence in this country. However, this country was not liberated by people from just one place or region. The people who participated in this struggle came from across the country. So, it just is not fair that a small section of freedom fighters get compensated and in other regions we do not have people being compensated. We are a country that forgets very fast. We should be in the front line to even commemorate and remember our freedom fighters. We could remember them through naming our institutions of higher learning and our roads after them. We forget that our archives are not very up to date. Even our children, as they grow up, do not even understand that there are people who came before us and sacrificed their lives fighting for the freedom that we are enjoying as a nation. Therefore, I join the rest of my colleagues in thanking hon. Wangamati for this very important Motion. It is timely. It is very unfortunate that even at this time, there are people who retire from public service having spent their entire lives offering services to this country and yet, they languish in poverty. There are people who retire from the military and they have to use the courts to get their dues or pensions. We should not go that direction. We should give people their dues when they retire so that they can stop using Parliament or the Judiciary to get what is rightfully theirs.

With those few remarks, hon. Temporary Deputy Speaker, I wish to support the Motion fully. Thank you.

Date 25th March, 2015

Member of Parliament: (Ms) S.W. Chege

Contribution She Made On: COMPENSATION OF MAU MAU VICTIMS BY THE BRITISH GOVERNMENT

Hon. (Ms.) S.W. Chege: Thank you, hon. Temporary Deputy Speaker for giving me this opportunity. I want to thank hon. Wangamati for giving me the opportunity.

I support the Motion. When we talk about the face of Kenya, we should appreciate that all communities are the face of Kenya. So, it is of importance that we embrace national cohesion. Secondly, when we speak about Murang’a, there is a famous lady called Nyanjiru, and you know I am Wanjiru, who challenged men to wear skirts and was shot at the Central Police Station.

Hon. Temporary Deputy Speaker, therefore, when speaking about the MAU MAU struggle and compensation, I would urge that this House--- This is a very good Motion but its implementation is difficult. We need to come up with a formula by which the Government can identify all the freedom fighters. We know General Ihura and General Kago. We have many other people whose names are in the public domain. Despite the fact that only a small group of freedom fighters went to court and got compensated, I would urge this House to come up with a Bill, so that all the MAU MAU freedom fighters can be well compensated.

Date 25th March, 2015 Member of Parliament: (Ms) Ombaka

Contribution She Made On: DISPOSAL AND RECYCLING OF ALCOHOLIC CONTAINERS

Hon. (Ms.) Ombaka: Thank you for this opportunity. I am happy to contribute to this Motion. When we talk about disposal and recycling of alcoholic containers, we are talking about waste management. We suffer a lot from lack of understanding of the importance of keeping our city clean. We tend to see in our cities and urban centers, heaps of garbage with bottles of beer, plastic containers, tetra packs and tins that are containers of alcohol. They are just thrown around in a casual manner, and nobody takes seriously the manner in which they are thrown away. Waste management is a problem . In Kisumu, just next to a shopping mall, there is a huge heap of garbage that is rotting and has bottles of beer, tetra packs and tins. It is huge and is an eyesore. Children play there and some of them even take the contents that are left in those containers. It is extremely dangerous. They also get cuts from the tins and broken bottles that are disposed of carelessly on top of that heap. They run around it, they play and fall on it and get cut and it is extremely dangerous to their health.

Secondly, some of those tins have water in them. Some have alcohol and sometimes during the rainy season, mosquitoes breed inside. Malaria is spread like that. We do not clear garbage that is heaped next to where we reside. In very many estates you find that there is huge waste thrown around and nobody bothers to collect it. The question is: What are the counties doing? Waste management is a key component of environmental cleanliness but nobody does this. Long time when I was growing up in this city, I used to see a lorry picking garbage from door to door. The city was kept clean. However, today we do not see them. What has happened? We have lost the sense of environmental cleanliness, which should be part and parcel of what we teach our children in school, or even at home. This is no longer taken seriously and the fear is that we are going to have more diseases, especially malaria and tetanus because children who play on garbage get cuts and tetanus. That is a problem. It is a health hazard; the health of our children is in danger.

I would like to take this opportunity to also say that in schools we have subjects which teach environmental health. That is how to keep clean, how to keep the house clean through learning domestic science and so on. It is high time we launched a campaign on environmental cleanliness. We have always reserved one day in a year when we have environmental day.

This is the day that should be dedicated to sensitisation of the entire community about environmental health, how to protect our cities or villages and keep them clean. Market places do not have to be in urban centres only. They can be in villages too. The environment must be kept clean. People take beer and throw empty bottles all over. This is not limited to alcohol containers. People also litter the environment with banana, sugarcane and orange peels. This is part and parcel of what makes the environment very dirty; it makes our living conditions unbearable. I believe that this is a very good Motion, which we need to take seriously. In some cases, garbage trucks drop litter on their way to the dumpsite. That is the height of carelessness. Somebody should be picking up such litter as it drops off, or the trucks should be properly covered, so that garbage does not fall on the ground. I do not have much to contribute to this Motion, but it is a good opportunity for us to discuss how to keep our cities and counties clean. Money should be put aside for environmental education and garbage collection, as well as ensuring that dumpsites are not located within our town centres. Dumpsites should be located far away from our towns. The garbage dumped should be burnt or recycled. People should pick up whatever is necessary for recycling and use it.

Date 25th March, 2015

Member of Parliament: (Ms) Otucho

Contribution She Made On: THE DIVISION OF REVENUE BILL

Hon. (Ms.) Otucho: Hon. Speaker, on behalf of the Members of the Budget and Appropriations Committee, following the introduction of the Division of Revenue Bill 2015, I hereby present to the House the Committees Report on the Bill as required in our Standing Orders.

The Bill provides for the division of nationally raised revenues between the two levels of Government as well as demarcating specific resources to be provided to the counties as conditional grants and the Equalisation Fund.

Hon. Speaker the Bill is accompanied by an explanatory memorandum as required by Article 218(2). The memorandum sets out an explanation of revenue allocation as proposed by the Bill along with evaluation of the Bill in relation to the criteria mentioned in Article 203 of the Constitution and a summary of any significant deviation from the Commission on Revenue Allocation recommendations.

The Committee has done this pursuant to Article 95 of the Constitution which provides that the National Assembly has the responsibility of playing part in the determination of the allocation of national revenue between the levels of Government. Specifically, Article 95(4) provides the mandate by which this House examines the Division of Revenue Bill by stipulating that:-

“The National Assembly –

a) determines the allocation of national revenue between the levels of government, as provided in Part 4 of Chapter Twelve; b) appropriates funds for expenditure by the national government and other national State organs; and c) exercises oversight over national revenue and its expenditure.”

Hon. Speaker, it is therefore important to note that this financial year, both Houses of Parliament were involved in the processing of the Budget Policy Statement (BPS) which is the precursor of the Division of Revenue Bill that we shall be looking at today. In this regard, Sections 191 and 25(2) of the Public Finance Management Act, 2012, provide for legislative proposal on the division of revenue to be submitted to Parliament along with the BPS by 15th February every year. It is, therefore, important that the Executive endeavors to submit these documents much earlier to give both Houses sufficient time to process them.

Hon. Speaker, the Budget and Appropriations Committee, as constituted now, has 51 Members. The Committee has held two meetings to look into the Division of Revenue Bill. We are grateful to the Members of Parliament who participated in the process for their due diligence and insightful input in making sure that Parliament fulfills its role provided under Article 95 of the Constitution.

I would like to remind Members that ideally, the enactment of the Division of Revenue Bill should swiftly follow the approval of the Report on the BPS. This is in order to allow for the preparation of the subsequent documents in the budget process which take cue from the enactment of the Bill. I, therefore, urge this House to consider and approve this Bill in sufficient time to allow for preparation of the submission of Estimates by 30th of April this year.

The Committee is grateful to the Office of the Speaker, the Clerk of the National Assembly and the Parliamentary Budget Office for their continuous and relentless support received and discharged by their mandate. It is, therefore, my pleasant undertaking, on behalf of the Budget and Appropriations Committee, to table this Report to this House.

Hon. Speaker, the Committee took note of the resolutions on revenue sharing contained in the BPS Report as approved by this House on 17th March, 2015. In considering the BPS, this House observed several challenges experienced in the first two years of budget under devolution that hampered smooth Budget implementation at both county and national levels and resulted in suboptimal service delivery to citizens from the devolved units. Among these challenges are: Disputes on budgetary ceilings with national institutions, for example, the Commission on Revenue Allocation (CRA) and the Controller of Budget, County Finance Bills and submission of budget documents in formats that were not approved by law as well as the absence of the Medium-Term Planning in the budget cycle.

Additionally, the Committee observed that there have been weak methods used in the projection of revenue by counties. This resulted in unrealised revenues.Targets were not met by most counties. Therefore, it is important that national Treasury undertakes capacity building for counties to ensure that skills for preparation of financial Bills are available to devolved units.

On the Division of Revenue Bill, in reference to the revenue sharing basis of the 2015/2016, the Bill begins by adding the following items to the 2014/2015 equitable portion of revenue availed to the counties: One is the allocation of personal emoluments for staff transferred to county governments from the State Department of Livestock Development amounting to Kshs466 million.

Secondly, there is an allocation of Ksh935 million for village polytechnics previously under the Ministry of Education, Research and Technology. Another item reflected under the Division of Revenue Bill is allocation of Kshs545 million for functions transferred to county governments, vide Transition Authority Gazette Notice of March, 2014. This results in a new baseline figure of Ksh229.6 billion for the Financial Year 2015/2016. The resultant revenue figure of Kshs229.6 billion is then grown by a rate of revenue growth of 10.41 per cent. That amounts to Kshs23.9 billion before an additional allocation of Kshs4.5 billion to provide for salaries and allowances awarded to State and other public officers of the county governments by the Salaries and Remuneration Commission (SRC) in the 2014/2015 Financial Year. This figure arrives at a total sharable revenue figure of Kshs258,008 billion.

The Division of Revenue Bill further provides conditional grants to counties as follows:-It was also observed that some counties are still charging for maternal healthcare because they have never received these allocations. Going forward, those are areas of concern. We need to ensure that the money reaches all the counties.

The Kshs4.5 billion is for leasing medical equipment. As a Committee, we noted that there is need for further consultation and a clear policy towards these engagements. It has come out clearly that most of the governors were not in agreement with the policy. Therefore, before we factor such figures in the Budget, it is important to have a clear policy and an agreement at all levels of the Government, so that by the time we budget, we know that money is going to be forwarded to the various counties for the intended purposes.

The other item is the allocation for the Level 5 hospitals. There is an allocation for compensation for foregone user fees for health of Kshs900 million. There is also an allocation from the Road Maintenance Fuel Levy of 15 per cent amounting to Kshs3.3 billion. We then have the conditional allocations, which are loans and grants of Kshs10.6 billion.

Adding this to the equitable share, the total allocation to counties in the Division of Revenue Bill amounts to Kshs283.741 billion. This is an equivalent of 37 per cent based on the 2012/2013 revenue numbers. The Committee took into account the salaries allocated to State officers by the Salaries and Remuneration Commission at devolved level of Government with the inclusion of Kshs4.5 billion. The Committee, however, observed that this amount would not support the proposed principle of containing the wages at 35 per cent. It is important that all the Government agencies work in synergy to ensure that there are coherent policies in remuneration of public service workers. We should not continue to increase the wage bill, but maintain it at sustainable levels. The Committee further included the Fuel Levy Fund loans and grants in the computations. These resources have been provided in the Bill as conditional allocations pursuant to Article 202(2). These are national Government resources, which are additional resources to county governments. This comes from the national Government share to the county government.

Looking at the vertical allocation, the Committee made the following observations: These are some of the activities that were undertaken by the Committee prior to formulating of the Division of Revenue Bill. The National Assembly organised public hearings in October 2014. The public views and recommendations are to be used to inform the 2015/2016 Budget. The Constitution recognises the public as a key stakeholder in the Budget making process to enhance openness and transparency and to ensure that the Budget is responsive to the public needs. The issue of public hearings was substantially discussed and we are seized of it. In that regard, the hearings were held in 14 counties around the country, namely, Turkana, Muranga, Baringo, Kajiado, Kiambu, Nandi, Busia, Kirinyaga, Siaya, Elgeyo/Marakwet, Vihiga, Mandera, Kericho and Migori. Those are the counties that we visited as a Committee and we obtained views from the public.

The focus of the hearings was to use the information when reviewing key policy and budgetary documents including the Budget Review and Outlook Paper submitted to Parliament by 30th September. This is as well as the Budget Policy Statement, which was submitted by 15th February together with the Division of Revenue Bill. Through this process, the Committee received invaluable input from the public which has been instrumental in arriving at the vertical allocation of resources as proposed in the Division of Revenue Bill, 2015.

Having considered the Bill and in order to provide guidelines to the relevant spending units in budgeting for the respective functions, the Committee recommended that:-

1. Parliament processes the Division of Revenue Bill in an expedient manner to give firm direction to both levels of the Government on the share of the national revenue due to them respectively to use when finalising their budgets for the Financial Year 2015/2016. 2. The County Allocation of Revenue Bill be introduced in a timely manner to give counties direction on their respective share of nationally raised revenue for use when preparing their respective Estimates of Expenditure for the Financial Year 2015/2016. It is important that we conclude the process in time to give county assemblies time to develop their budgets. By so doing, we shall ensure that people get services in good time and counties do their disbursements in time. Once this process is delayed, then the entire Budget process is delayed.

Date 25th March, 2015

Member of Parliament: (Ms) Nyasuna

Contribution She Made On: THE DIVISION OF REVENUE BILL

Hon. (Ms.) Nyasuna: Thank you, hon. Speaker, for giving me this opportunity to support the Division of Revenue Bill of 2015. Reflecting back two years ago, we might be facing our challenges as a Parliament, but one of the key indicators that we have grown as a Parliament is the manner in which we are debating this Bill this year in comparison to how we have done it over the years. There is consensus. Now we have only come in to move it forward. I want to thank your leadership, the leadership of the Senate, the Budget and Appropriations Committee and all stakeholders for ensuring that consensus has been built on most of the issues in the Division of Revenue Bill.

Date 25th March, 2015

Member of Parliament: (Ms) Nyasuna

Contribution She Made On: THE DIVISION OF REVENUE BILL

Hon. (Ms.) Nyasuna: Thank you, hon. Speaker. The concerns are noted and in my contribution, I will also consider that other Members would like to contribute as we conclude this Division of Revenue Bill.

In the last couple of weeks, we have debated the Budget Policy Statement (BPS) which has largely informed the Division of Revenue Bill. The points that we raised during the BPS still hold. So, we are just adding onto what was already raised. Increasing money going to the counties is a welcome move. We hope that we can even raise this further to 45 per cent, not just of the audited accounts, but of the Budget. We hope that we can have as much money as possible going to the counties. However, we also expect equal responsibility from the counties in terms of how they manage not just this share from the nationally raised revenue, but also monies that they raise from the counties themselves.

There is a concern that has been severally raised by the public and the Senate; that the revenues being declared by counties now have reduced in comparison to what they were when they were just county councils. Therefore, even as we support to have more revenue allocated to counties, we are looking not just at the county governments but also the national Government that we can deal with issues of corruption. It is good to commend the Budget Office because they have produced a very good publication called: “The Rise of the African Tiger” It looks at us as an African Tiger rising but that being the case and the projections that they make, they raise issues of ensuring efficiency in public spending and enhancing our investment levels. These are issues that will make us rise. However, the issues of corruption that have been raised must be dealt with. I do not want to get there but as oversight bodies, Parliament, the Ethics and Anti- Corruption Commission (EACC) and all other oversight bodies must ensure that we are putting our resources to the best public use.

Let me spend a few minutes and talk about a major part of this Division of Revenue Bill particularly that which has been sent to counties as conditional grants in the area of healthcare. As a health management professional, and I am sure that health management professionals across this country are worried because we are staring at a crisis in the face, we are sitting on a time bomb as far as our healthcare system in this country is concerned. Healthcare is about access, costs and quality. Right now, we are facing no access, prohibitive costs and poor quality.

Let me speak on a final point in consideration of other Members. On the issue of leasing of equipment, we have seen in the last couple of weeks the kind of crisis that we had at the Kenyatta National Hospital (KNH) with regard to the cancer treatment equipment that broke down. The situation is dire. Everybody has to come from all over the country to access the radiotherapy machines at KNH. If you go now, you will be told that the next appointment available is in December 2016. You cannot live for that long waiting for 2016. If we are going to lease equipment, let us have a proper policy and a maintenance contract. Let us have a policy which will ensure that money is not going to people’s pockets from the leasing of equipment. People will be pocketing money based on the deaths of people who cannot access equipment. Let us have this equipment in two hospitals per county and ensure that our healthcare system is working.

Finally, let me make a proposal to the Departmental Committee on Health of this House. You can take leadership. Can we have a major conference on healthcare in this country? Otherwise, we will be facing a time bomb and a collapsed healthcare system. Can you lead with the Cabinet Secretary for Health and bring all stakeholders on board? This is so that we can have a major healthcare conference so that we talk about healthcare and where we are going with the healthcare policy, financing, access to medication and quality in this country.

Date 25th March, 2015

Member of Parliament: (Ms) Odhiambo-Mabona

Contribution She Made On: THE DIVISION OF REVENUE BILL

Hon. (Ms.) Odhiambo-Mabona: Thank you. I beg to support. Because hon. Members have spoken a lot, I just want to add my voice to the concern that the fiscal capacity and efficiency of the county governments is wanting and there is no data on it.

Hon. Members have indicated that we are concerned even as we are increasing the monies to the counties and especially the conditional grants on the healthcare system which is a plus especially for women and children. My concern is that the way our counties are running is worrisome. Those of us who are representing constituencies, we know that the healthcare system is not about to collapse. It has collapsed. There is no medicine in hospitals. Virtually nothing works in the devolved systems. I would encourage that even as we are devolving more funds - and I am hoping that in future we can devolve more funds - we can provide a heavier and more efficient monitoring and evaluation mechanism for governors.

Borrowing from what happened in Nigeria, it is time that the national Government became more serious and took serious action against governors that are misusing county funds. Indeed, we will take the Government seriously only when we start seeing governors jailed for misusing public funds. If you look at the funds that are being given through Constituencies Development Fund (CDF) and the amount of work which Members of Parliament are able to do with the CDF--- I was looking at it the other day. In Mbita Constituency, the allocation that I am getting is about Kshs103 million. If I were to equate it with what the Homa Bay County Government is getting, it is almost six times what I am getting in my constituency and yet, you cannot see evidence of what the Homa Bay County Government is doing that is comparable with the amount of work that we are doing as Members of Parliament.

Therefore, I will only take this Government seriously when we see it striking the whip on corrupt governors. Many of us have fought for many years for this devolved system of governance, and there are people who want to waste it. Look at the example that hon. Wamalwa gave - that you find what we are using in CDF as Kshs 600,000, county governments are spending almost five times as much.

Finally, I want to put a challenge to the Budget and Appropriations Committee on the issue of public participation which is a constitutional provision. My understanding of the issue of public participation is that it was not only meant to take the views of the members of the public but rather that in communities that are visited, the policy of the Government is to ensure some of the issues that are put before the Budget and Appropriations Committee find their way into the Budget. I would want to know from the Committee what happened to the views that were given to it in Mbita. The Committee promised Mbita people three items which they asking me to date. I am going to arrange, as they have requested, that we bring a Petition before the Budget and Appropriations Committee so that I know whether those funds were diverted to another constituency, or whether the members of the Committee misused those funds for their own means. That is because the Chairman promised through the Budget and Appropriations Committee that those funds were going to Mbita. I beg to support.

Date 25th March, 2015

Member of Parliament: (Ms) Kanyua

Contribution She Made On: THE DIVISION OF REVENUE BILL

Hon. (Ms.) Kanyua: Thank you, hon. Speaker. Allow me to start by regretting that yesterday this House debated a Motion that was not helpful to Kenyans. The House was happy to spend three hours on the Censure Motion but when it comes to the Division of Revenue Bill, there are concerns that we have to move faster. It is time this House put as much time as is required on matters that are important to Kenyans. There is no matter that is as important as devolution to Kenyans right now.

As we discuss the Division of Revenue Bill today, we celebrate, as the National Assembly, the increased allocation to the county governments. With Kshs283 billion, we are sure that our counties will do the work that they need to do. A time has also come for this House to consider a ratio of sharing the money in the county governments. The county governments were created for two reasons: development and service delivery. There should be a 50 to 50 ratio in county allocations, with 50 per cent of the funds going to development and the other 50 per cent going to service delivery and, therefore, serving recurrent expenditure. It is regrettable that in the first year we gave the counties Kshs210 billion. In the second year, we gave them Kshs226 billion. We are now giving them Kshs283 billion yet there is not much to show for the funds going to the counties. The answer is obvious. All the counties are spending most of their money on recurrent expenditure. That must stop because recurrent expenditure has never developed countries.

Hon. Speaker, recurrent expenditure will not develop our counties. Our counties will develop on the amount of money that they put to development. If they use the larger part of the Kshs283 billion on development, they will see change. At the very minimum, we would require that they follow the Public Finance Management Act and use the 70 to 30 ratio, which is what the national Government is using. Seventy per cent recurrent and 30 per cent development for counties is not good enough. What will be good enough for the counties is a 50 to 50 ratio. As we go to election of governors, it will be important for us to look for governors who are going to spend a lot of their money on development and less money on recurrent.

Employment at the county-level has reached a crisis level. We now have a staff at the county level on almost every imaginable job. That is not acceptable. Although jobs are important, it is more important to spend money on agriculture, healthcare, education, county roads and water.

Hon. Speaker, allow me, as a Jubilee coalition Member, to celebrate the steps that my coalition and Government has made in terms of devolution. It is extremely admirable for the Jubilee Administration to have put 37 per cent of the funding in the county government. That shows our commitment, belief and continued support for the new Constitution and the devolved governments. If the devolved governments could take up the challenge that they have been given by the national Government, we would see the strides that the country needs to make in terms of development. It is regrettable that even with the disbursement of all these monies, we may not see as much development as we want to see. That is the challenge that this House has. Today, we pass the Division of Revenue Bill. We give the allocation that will go to the counties but this National Assembly must continue to pass laws that guide devolution in our counties.

Hon. Speaker, as you know, the Health Bill is still pending. We cannot continue financing healthcare without the necessary legal framework. What we have are monies going to counties without sufficient legal framework and rules to guide the counties on how to spend them. A time has come for this House to stop entertaining the sort of Motions like the one on censure of the Speaker and every other matter that does not make sense, so that we can dedicate more time to passing the health Bill, which makes a lot more sense for our country.

On the question of the formula, I come from a county that has continued to receive lower levels of allocations. The first generation formula has served the country for two years. It is now time to allocate funding to the counties on the basis of the new formula. The second generation formula has taken lessons from the first generation formula. In particular, I celebrate the introduction of the Human Resource (HR) component of the second generation formula. The county governments have inherited former national Government personnel who were located at the former district headquarters. The Nyeri County Government is an example of one of those counties that have inherited staff that were working for the national Government within former Central Province. Those counties need to be cushioned with a HR component, which the second generation formula of revenue allocation has.

Hon. Speaker, even as we pass the Division of Revenue Bill, we should ask the Senate to hurry up the consideration of the second generation formula and bring the same to the National Assembly for consideration, so that the second generation formula can be applied in allocating resources to the counties.

Aware of what we have said previously, and aware that the Bill has to be disposed of today, I would like to request that in year three of devolution, with the funding that we have given to the counties, and with the conditional allocations that the counties are going to get; that this House considers giving the counties even more conditional allocations. In the United States of America, where they have a federal government system, they give a lot more of their funding in conditional terms. Money for education is given as conditional allocation for, say early childhood education. We are in a country where we have abandoned early childhood education. The reason as to why our education system is suffering is because we have stopped paying attention to the stages of children development, the nursery school level. If you want education to go well, attention must be paid to the nursery school level. Following devolution, early childhood education was left to governors to do as they wish. That is not acceptable. In the next allocation, we have to consider giving a conditional allocation to the county governments specifically for early childhood education and polytechnics, which are also very important in terms of skills development amongst our youth.

Hon. Temporary Deputy Speaker, again, I celebrate the funding that has been earmarked for maternal healthcare. I agree with the First Lady as we continue to congratulate her on her Beyond-Zero initiative, which is focussed on ensuring that no mother loses her life as she gives life. The First Lady was able to share her programme with the world at the United Nations Commission on the Status of Women (CSW). Kenya was celebrated as a country that was making steps towards realising the Millennium Development Goals (MDGs). We are asking the country to continue with its efforts towards realising the MDGs regime that is intended to shape the new development goals for the world. With those remarks I beg to support the Bill.

Date 25th March, 2015

Member of Parliament: (Ms) Mbarire

Contribution She Made On: THE DIVISION OF REVENUE BILL

Hon. (Ms.) Mbarire: Thank you, hon. Speaker. I will not waste my one minute. I will go straight to add my voice to that of my colleagues. We have a serious health crisis in this country. We have a challenge as a House. I hear that the Departmental Committee on Health has a Report, but I think we need to give adequate time to debate the issue of health in this country as a House. The reason I am saying that is this: In my constituency, a hospital that has been open 365 days a year has been shut down for about two weeks now because it lacks food and medicine. The hospital had not paid its staff for close to four months. In all the health centers, the complaint is the same. There are no drugs in those health centers.

Date 25th March, 2015

Member of Parliament: (Ms) Otucho

Contribution She Made On: THE DIVISION OF REVENUE BILL

Hon. (Ms.) Otucho: Thank you, hon. Speaker. I take this opportunity to acknowledge all the Members who have contributed to this Bill. They have given invaluable input into the Bill, which will not only enrich it, but also benefit the policy makers. I believe they are listening to us. A number of issues have been raised and it is needless to repeat them. Concerns have been raised with respect to some functions being performed by the county governments and, in particular, the issue of health. This is one of the sectors that have many challenges. Therefore, it begs the question whether allocations to the health sector are sufficient or whether the county governments have capacity to manage those institutions. In my constituency, I have more than four dispensaries that have never been operationalised. The other day, I got a call that a body was being buried which had decomposed. That means that there are no facilities in hospitals. This is a problem that is cross-cutting. It is an area that we need to relook into going forward in future Budgets. I call upon oversight bodies, namely, the Budget and Appropriations Committee, the Public Accounts Committee, the Public Investments Committee, the Controller of Budget, the Auditor-General and the Ethics and Anti-Corruption Commission. Some of them are the biggest beneficiaries of this Budget. We shall be looking at that when we will be examining the Estimates of the National Government. We want to see the presence of the Controller of Budget in the counties. She should be aiding them in developing their budgets and supporting them in prioritising the needs of the people in those counties. They should also be ensuring that there are timely cash transfers to the counties to ensure there is implementation of the projects that have been budgeted for.

The Auditor-General has also been capacitated enough and the office needs to enhance the oversight mandate. We also want to see timely reports to this House. Members are concerned with issues of efficiency, transparency, effectiveness, appropriation and administration of those funds. We want to tell the governors that Kenyans want timely delivery. They want to see services closer to them. Hon. Speaker, we have given them money. In the last financial year, the Budget and Appropriations Committee suffered the wrath of the people because information on the criteria and rationale of how the money was divided was distorted. We were at a loss even in trying to defend ourselves in some of the fora. I am impressed that this financial year, the allocation to the counties has been enhanced from Kshs226 billion to Kshs258 billion – an increase of Kshs43.3 billion or 17 per cent. We want governors to perform. We want to see tangible projects on the ground. We want people to feel them. Therefore, this calls for action from the Ethics and Anti-Corruption Commission (EACC). They need to rein in on thieves of public funds and corrupt individuals. We want to see people being jailed, irrespective of their status or position. If that is done, Kenyans will begin to have value for money. I conclude by once more appreciating the Budget and Appropriations Committee for the good work. I also appreciate all hon. Members who have contributed. This is just a follow-up of the Budget Policy Statement. Every Departmental Committee had an opportunity to look at all these issues and make a submission to the Budget and Appropriations Committee. With those remarks, I beg to reply.

Date 25th March, 2015

Member of Parliament: (Ms) Otucho

Contribution She Made On: THE DIVISION OF REVENUE BILL

Hon. (Ms.) Otucho: Thank you, hon. Temporary Deputy Chairman. I just wanted to comment with respect to the point of order by hon. Makali Mulu. We noticed that, and I want to believe it must have been a typing error, because the Government policy is to lease equipment. However, I would also have wished that counties were allowed to purchase some of the equipment but, looking at the allocation, Kshs4.5 million per year is not sufficient to purchase equipment. Hospital equipment is very expensive. I think that amount must have been meant for leasing. It must have been a typing error.

Date 25th March, 2015

Member of Parliament: (Ms) R.K Nyamai Contribution She Made On: THE DIVISION OF REVENUE BILL

Hon. (Ms.) R.K. Nyamai: Thank you very much, hon. Temporary Deputy Chairman. I would like to give a comment on the matter that was raised by hon. Makali and also make a contribution by providing information. Yes, the Government has made a decision to lease out medical equipment.

First, we do not have the funds to purchase medical equipment for the 94 hospitals that have been mentioned. The Departmental Committee on Health has been following this matter. We invited the Cabinet Secretary (CS) to share with us how this is going to be implemented and, as an oversight Committee, what we would like to request the House is to let this budget line be supported by all of us. This is because our hospitals require medical equipment and as it is now, they are going to be leased because the Government cannot afford to purchase.

In terms of oversight, I would like to assure this House that the Departmental Committee on Health will offer the necessary oversight that is needed. That is the information that I wanted to give and that we cannot change from the word “leasing” to “purchasing” at this level. Thank you very much, hon. Temporary Deputy Chairman.

Date 25th March, 2015

Member of Parliament: (Ms) Nyasuna

Contribution She Made On: THE DIVISION OF REVENUE BILL

Hon. (Ms.) Nyasuna: Thank you, hon. Temporary Deputy Chairman for giving me this chance. I want to propose an amendment if this is allowable. Considering that the Division of Revenue Bill which is under Article114 of the Constitution is not a money Bill in my opinion, and the amendment is not fundamentally changing anything in any way--- The amendment proposed was a small addition on page 170 of the Bill where it says conditional grants from the Road Maintenance Fuel Levy, a Fund of Kshs3.3 billion which is being moved to counties. I want to add “this money be distributed equally among constituencies.” That is because the Division of Revenue Bill is talking about equity. The equitability at this point ends just at the county level. But this small statement would ensure that the equity goes down beyond the county right to constituencies as well so that very little is left to their discretion at that point.

Date 25th March, 2015

Member of Parliament: (Ms) Otucho

Contribution She Made On: THE DIVISION OF REVENUE BILL

Hon. (Ms.) Otucho: Hon. Deputy Speaker, I want to comment with respect to that issue. It is an issue that, as the Budget and Appropriations Committee, we have consulted over. We were advised that our responsibility should end at the point of dividing or sharing out, this revenue. Attempting to decide for the county governments how to spend and what priorities they should have, having in mind that these counties---

Date 25th March, 2015

Member of Parliament: (Ms) Otucho

Contribution She Made On: THE DIVISION OF REVENUE BILL

Hon. (Ms.) Otucho: Hon. Deputy Speaker, allow me to say what I wanted to say. The money has to go to hospitals. It is conditionally for hospitals. It is up to the county assemblies, as they do their budgets, to ensure that this money goes to hospitals. We should see whether this money was appropriated to hospitals. It cannot be used on any other function besides hospitals. We cannot begin to decide for them how much to put to which hospital. They need to decide on their priorities. That is what we were advised and that should be the right thing to do.

Date 25th March, 2015

Member of Parliament: (Ms) Nyasuna Contribution She Made On: THE PUBLIC AUDIT BILL

Hon. (Ms.) Nyasuna: Hon. Temporary Deputy Chairman, I want to make a contribution. I agreed a lot with my brother, hon. (Eng) Gumbo, before the Chair clarified. If it is a matter of assigning auditors to conduct external audit every so often, then the presence in a particular county does not necessarily change the fact. What my brother, hon. Gumbo, wanted was to ensure that the audit needs at the county level are met. There is big need for auditing services in the counties. When you have presence in an area, even people who have information will want to reach you, so that they can give it to you. So, I am a bit divided here. I am actually not helping.

POINT OF ORDER

Date 25th March, 2015

Member of Parliament: (Ms) Nyasuna

Contribution She Made On:

Hon. (Ms.) Odhiambo-Mabona: Thank you, hon. Speaker for indulging me. I arise under Standing Order No. 22 on President’s Address; Standing Order No.91 on Responsibility for Statement of fact; Standing Order No. 1 that gives you general discretion and Standing Order No. 216 on Departmental Committees.

I want to state at the outset that I sit in the Departmental Committee on Agriculture, Livestock and Cooperatives. Even though the issues that I am raising have been canvassed in the Departmental Committee on Agriculture, Livestock and Cooperatives, for technical and legal reasons, I stand as the Member of Parliament for Mbita and not representing the Committee. I want to indicate that I stand especially under Standing Order No. 91 and if you indulge me, I will just read it quickly:-

“(1) A Member shall be responsible for the accuracy of any facts which the Member alleges to be true and may be required to substantiate any such facts instantly.

(2) If a Member has sufficient reason to convince the Speaker that the Member is unable to substantiate the allegations instantly, the Speaker shall require that such Member substantiates the allegations not later than the next sitting day, failure to which the Member shall be deemed to be in disorderly within the meaning of Standing Order No. 107 (Grossly disorderly conduct) unless the Member withdraws the allegations and gives a suitable apology, if the Speaker so requires.”

It came to my knowledge that some Members of the Committee on Agriculture, Livestock and Cooperatives made allegations about money that was supposedly given out. It is in public domain that there are allegations of about Kshs60 million or Kshs4 million that was allegedly given to an individual or to the Committee as a whole. The Committee had a meeting and most of the Members were displeased before the President gave his Speech. At the meeting of the Committee on Agriculture, Livestock and Cooperatives, the Members who made the allegations were asked to substantiate and they indicated that for various reasons they were not happy with the Report. One of them made an allegation upon which the other two Members then hinged on to claim that Members of the Committee on Agriculture, Livestock and Cooperatives were given money. They have since apologised to the Committee and withdrawn the allegations. We even called a Press conference, but unfortunately it was not covered because it was overtaken by the excitement of the President’s Speech.

Hon. Speaker, I call on you to make a ruling. In circumstances such as that where Members, upon which we presume the Ethics and Anti-Corruption Commission relied on, have since withdrawn and apologised to the Committee, what then happens? What should be done? I would want to raise it also in relation to Standing Order No.216 in relation to Departmental Committees. It is long and I will not read it, but it articulates the role of Departmental Committees and the Committee on Agriculture, Livestock and Cooperatives is one such Departmental Committee. I would want you to rule on the issue of individual responsibility as against corporate responsibility.

I want to rely on Articles 10, 19, 47, 49, 50, 73 and 75 of the Constitution of Kenya. I want to read that together with the Leadership and Integrity Act. I will only sample some of them. Article 10, which has been canvassed before, is on values. If you look at the values, it is express on individual terms. Article 19 on the Bill of Rights is also in individual terms. All of them are on individual terms. I want to just look at Articles 73 and 75. I have explained the others because of lack of time and I do not want to go deep into them. Article 73 is on responsibilities of leadership.

“73. (1) Authority assigned to a State Officer-

(a) is a public trust to be exercised in a manner that-

(i) is consistent with the purposes and objects of this Constitution;

(iv) promotes public confidence in the integrity of the office.”

It does not talk about a Committee or State officers, but individuals. Part (2) states:-

“The guiding principles of leadership and integrity include-

(d) accountability to the public for decisions and actions; and,

(e) discipline and commitment in service to the people”.

Article 75 talks about the conduct of State Officers. It states:-

“75. (1) A state Officer shall behave, whether in public and official life, in private life, or in association with other persons in a manner that avoids---”

It indicates what should be avoided. If you look at the Schedule, parliamentarians are State officers. If you look at the Report, it does not indicate individual names. It speaks of the Committee. That is why some of the newspapers were happily fishing to find out who is in the Committee on Agriculture, Livestock and Cooperatives. We even have Members of that Committee who have been mentioned as not attending Committee meetings. They were indicated in the same vein as having received bribes when on the other hand, they are about to be expelled for not attending meetings. I just want to give you an example of how ridiculous it is.

My concern is that we would like to have a ruling from the Speaker. Let me not speak for the Committee, but for myself. I said that for technical and legal reasons, even though it has been canvassed in the Committee, I will speak as hon. Millie Odhiambo. I am, as I am sure the rest of the Committee Members are, committed to the issue of fighting corruption. I want to be held personally accountable as hon. Millie Odhiambo, Member of Parliament for Mbita. If there is an allegation against hon. Millie Odhiambo on any corrupt practice, I want to be named as hon. Millie Odhiambo-Mabona; Member of Parliament for Mbita. I do not want to be covered under a vague terminology of the “Committee on Agriculture, Livestock and Cooperatives.”

I want to reiterate that it was canvassed as a Committee, but for technical and legal reasons, I am speaking as hon. Millie. It is the view of majority of the Members of the Committee that they want to be held personally responsible and accountable. Therefore, I request that you give a ruling whether constitutionally, I can be held accountable for the crimes of another person or whether based on the Articles that I have read, I can only be held personally accountable on issues of ethics and integrity. Is there any corporate responsibility or it is individual responsibility?

Date 25th March, 2015

Member of Parliament: (Ms) R.N. Wanyonyi

Contribution She Made On:

Hon. (Ms.) R.N. Wanyonyi: Thank you, hon. Speaker. I stand to support the Presidential Speech.

Just to mention, in the history of this country since Independence, we have had so many injustices that have taken place but at no point have we heard a person of the calibre of the president apologising to the nation. By apologising for such injustices, on behalf of previous presidents and governments, the President set a pace which ought to change this nation. As a nation, we need to heal from past injustices. Once an apology is given, if forgiveness is given, it brings healing. The President has set the pace for the healing of this nation. I congratulate him for that.

On devolution, especially the budget for the devolved governments, he noted that it is continuously increasing, initially having been Kshs190 million and Kshs226 million in the current financial year, with a projection Kshs258 million in the next financial year. In itself, that is a clear indication that the President is committed to devolution – something we must be thankful about and for which I commend the President.

One thing that is lacking in the President’s Speech is the fact that he did not address the issue of gender equality despite the fact that this principle is enshrined in the Constitution. We needed that principle to have been highlighted. The two-thirds gender rule in terms of employment in State corporations and other Government Departments ought to have been brought out clearly. We are looking forward to seeing the two-thirds gender rule applying. We should not forget that Kenyans are waiting to see this august House complying with that constitutional requirement.

The President has touched on a number of things. In the health sector, we are now seeing improvement even of dispensaries at the county level; facilities have improved. He has set the pace for the transformation and development of this country. With those remarks, I beg to support the Speech of His Excellency the President.

Date 25th March, 2015

Member of Parliament: (Ms) R.N. Wanyonyi

Contribution She Made On:

Hon. (Ms.) Odhiambo-Mabona: Thank you, hon. Speaker for giving me this opportunity. I wish to record my thanks for the Exposition of Public Policy contained in the Presidential Address on 26th March, 2015. However, I do so with a bit of reservations. I am one of the people who were first, unlike the seconder of the Motion, to give the President a standing ovation. I did not hesitate to do so because this country is about to sink under the weight of corruption. We need action against corruption.

Therefore, I was convinced that the President was minded in dealing with the issue of corruption. Having looked at the Report, the President has not slayed the dragon’s head neither has he touched the eggs. If we want to deal with corruption, we must slay the dragon’s head and the eggs. The President has poked the dragon with a needle and has left it intact with the eggs. I want to encourage the President that he must deal seriously with the issue of corruption. Right now, some of the names that have been brought to this House today have questions on them. We are talking about clearing the names before one is appointed. We are already asking some people to step aside yet we are approving people in this House who have questionable history.

The other issue that I would like to raise is the issue of politicization. In law, when you are prosecuting a matter, justice must not just be done, but must be seen to be done. Looking at the list, I want to be convinced that it has not been politicised and then the President will have my support. A glance at that list does not convince me as hon. Millie Odhiambo. I will be bringing amendments on some of the issues that have been canvassed especially the issue of stepping aside by elected leaders. There is no legislative framework. Therefore, when you tell an elected leader to step aside, there is no provision for that. When I was told my name is on the list from the Committee on Agriculture Livestock and Co-operatives, I was willing to step aside, but I did not know from where to where. There is no law for me to step aside.

I want to thank hon. Laboso for speaking to issues of performance of the Government. It is good to give credit where it is due. I want to give credit on the First Lady’s initiative on maternal health care. In the same vein, I do not see the same commitment on issues of international conventions such as the Convention on Elimination of all Forms of Discrimination against Women. Many of us women here have just come from the United Nations where we were looking at the progress with the Commission on the Status of Women. From the way some of our male colleagues are talking on the issues of women’s protection, there is no seriousness in dealing with the issue of protection of women’s rights. That is why there were many points of order when the Leader of the Minority Party was making reference to the fact that married women cannot sit if you are an elected leader. There is no elected leader who is a married woman for purposes of election. When I am elected, I am a leader; period. The married and unmarried do not apply here. I am just a leader.

The other issue I would want the President to put a lot of energy on is the issue of the elderly and the cash transfer programme. Too little is going to the grassroots. The people of Mbita asked me to enquire when this programme will be expanded to cover all the elderly people. Our elderly people are very few.

I can see my time is running out, but the President apologised for the past injustices, which was a good thing. These past injustices are not only limited to certain areas. They cover the Wagalla Massacre, but also the Internally Displaced Persons (IDPs) especially the integrated IDPs. In the past, when people have been compensated, integrated IDPs have not been treated fairly. The money that will be given should cover the integrated IDPs.

Date 25th March, 2015

Member of Parliament: (Ms) R.N. Wanyonyi Contribution She Made On:

Hon: (Ms.) Nyasuna: Thank you, hon. Speaker. I would like to record my thanks with serious reservation. Over the last couple of days, public debate has been dominated by the list or the Report of the Ethics and Anti-Corruption Commission (EACC) that was tabled by the President. There is probably more public debate than any debate that we can make on the Floor of this House. From my own perspective and I am sure it is also that of several hon. Members of this House and citizens of this country, we support the fight against the cancer of corruption.

If we look at the amounts of money that are lost from our annual budget through corruption, we all must be obliged to support the fight against it. When I got hold of this Report this morning and I looked through it, I was disappointed. This is because in the court of public opinion there are people who we know are being investigated and should have been in this Report. One of them is Isaack Hassan of the Independent Electoral and Boundaries Commission (IEBC). We know that Isaack Hassan should be part of this Report and part of the people---

Date 25th March, 2015

Member of Parliament: (Ms) R.N. Wanyonyi

Contribution She Made On:

Hon. (Ms.) Nyasuna: I am much obliged, hon. Speaker. I am so guided. Coming to the serious matter of the EACC, we know that there has been tabled a petition on the Floor of this House by a member of the public against EACC. So, you wonder how the same EACC is going to be able to bring before us a credible report of people who have been named here as being investigated. That is a Report that we cannot trust. This is a serious matter. There are several matters that are missing including the matter of land that has been grabbed. We know we have recently been looking at school land that has been grabbed.

We were hoping that these kinds of issues were going to be seriously raised within this Report, hon. Deputy Speaker. We have not seen them in this Report. The history of stepping aside in this country is telling. There are people who have stepped aside but several days, months or years later, they have been reinstated without any action being taken against them. We must then seriously look at whether the people who have stepped aside now are under serious investigation. This is why I am raising the issue of EACC. I still strongly feel that this House should expeditiously deal with the matter of the EACC so that we have an EACC that is not facing a credibility crisis.

The very serious issues that have been raised including that of integrity should be looked at. I do not want it to go without saying that the issues that were raised by the Leader of the Minority Party conferring unto himself powers to regulate when women can walk, stay out, stay in and alluding to the fact that because they stay out long then there is entitlement for rape I want to go on record that, that is not the way to go. We all must remain as decent citizens of this country taking care of ourselves. I thank you for giving me this opportunity.

Date 25th March, 2015

Member of Parliament: (Ms) R.N. Wanyonyi

Contribution She Made On:

Hon. (Ms.) Kanyua: Thank you, Deputy Speaker. I wish to take this opportunity to register my thanks for the Speech of the President and to congratulate him for being bold. It is when the ship is captained in times of turbulence that you can tell you have a good captain. This country has a lot of turbulence; turbulence in terms of tribalism and turbulence especially because of corruption. You just need to look at how turbulent the country has become since the Report was tabled. For the President to have captained this ship so far, we will say a lot of thanks to him and ask him to remain bold as the rest of the processes are taken care of.

I wish to support the Report on several reasons, one of the major ones being the economic growth. I think that if we sustain the 6 per cent which is still way below the double digit that we require, we will be in a good step. The essence of the Report or the Speech that the President gave us had a lot of indicators on the growth of the economy which are really admirable. As we look at those indicators, we have to worry about corruption. We have to worry about our rate of corruption in terms of a country, but support the economic growth and urge that as the economy grows, the people of our country can feel that economy growing. It is still sad that 34 percent of Kenyans are living below the poverty line. So, even if the economy is growing at 6 percent, the woman who was poor last year is still poor this year and that is not acceptable.

I support the Report, especially with regard to Government programmes. A lot has been said about electricity. Recently, when we met the Commissioners of the Interim Electoral and Boundary Commission (IEBC), they proposed to the Committee the idea of using dry cells in the 2017 elections. The members of the Committee almost got off their seats. We have to use electricity across many other processes, including in the electoral process. So, having all the primary schools with electricity will not only enable our children study well, but also enable our electoral processes perform a lot better than they have in the past.

When you look at the question of roads, again, I support the infrastructure development that is going on. I regret very much that the Cabinet Secretary in charge of roads has been named in the Report. It is extremely regrettable because the things that he has been able to do on roads, ports, airports, the (LAPSSET) and so on are all very commendable. On the apology and the Kshs10billion fund, it is very commendable for a country to issue an apology for things that have happened in the past.

Hon. Deputy Speaker, I spent a lot of time with victims before I joined this House. As somebody who spent time with victims, I cannot express my gratitude more in terms of what the fund will mean. There are many people who lost their lives during postelection violence; many of them were bread-winners. Those families have to be taken care of. There are many people who got diseases and were affected by different elements. The compensation to the post-election violence victims will come in very handy. I come from Nyeri County and so, I am a bit worried whether the Mau Mau could be captured. We continue to harbour families that cry and suffer pain over what happened during the fight for Independence by Mau Mau. As we look at the regulations and the Bills, we need to question how far back we can go. The country has carried enough pain. The Kshs10billion will be helpful. Of course, you can never restore life, but the country can cut a clean cake. What I am asking colleagues here is this: Let us not look at the rear view mirror all our lives. We need to look at the economy that is growing. Lastly, hon. Deputy Speaker is the big question of corruption. I support what the President has done in the list. It is a completely imperfect process. However, we had to start from somewhere. Everybody in this country has been telling the President to take action. He has taken action. It may not be the action we expected, but he has taken action. What we can do, as a House, is to support that process. We need to make sure that from now on, we have a sieving process. It is painful when you are not corrupt to be told that you are corrupt. It is also painful for those of us who are in this House who are not corrupt to carry the tag of corrupt leaders when only a few of us are corrupt.

I end with the story of the stampede by wildebeests. A time comes when a species must save itself. We have to swim the Mara River. Some of us will survive and others will not survive. However, that is what it means to save our country.

Date 25th March, 2015

Member of Parliament: (Ms) R.N. Wanyonyi

Contribution She Made On:

Hon. (Ms.) Ghati: Thank you very much, hon. Deputy Speaker for your indulgence. I also want to join my colleagues to thank the President. For the first time, the President gave a good Speech. It is a diversion from the previous Speech that he gave last year. I support the President’s efforts especially when it comes to corruption. As my colleagues have said, corruption is eating this country. When I look at the Report, the list of shame from EACC, I am not a happy person because my County, Migori, is listed here. It is not good to see the allegations of misappropriations of funds to a tune of Kshs600million. There is something wrong somewhere. There is nothing honourable about corruption, whether it is by a governor, a senator or a member of parliament. There is nothing honourable about being mentioned in a Report like this; that has been made public for Members to see. Kshs600million coming out of my County is not a laughing matter. It is rather serious. So, I want more investigations because I can see here that my Governor is under investigation for the alleged Kshs600million misappropriation. I would be keen to know where these allegations are coming from and what has been happening to that tune of Kshs600million. The people of Migori need services. If my Governor is found to have misappropriated those funds--- My people are not rich. Action should be taken against all corrupt leaders.

The President gave an apology to this country about past injustices. It is good. However, just giving promises without action is null and void. We know, as a country and as a people, that the President owns a lot of land in this country. He has parcels of land in Mombasa and almost everywhere. Things like the post-election violence and land-grabbing are injustices that were meted to Kenyans. As an action point, I would have expected the President to say that he owns land in Mombasa and he is ready to give some of it to the landless and IDPs in Mombasa. That is the action that I expected the President to take.

On the issue of inclusivity, which the President clearly talked about, he said that he wants to promote social justice and inclusivity in his regime. We have seen reports in this country where appointments to parastatals, cabinet secretaries and principal secretaries go to just two or three communities. We are a country of 42 tribes. I expected the President to say: “From this point henceforth, I am going to make deliberate discrimination to ensure that communities that are historically disadvantaged get appointments.” Opportunities are opening up in parastatals. That is what the President should say. We need action and not just speeches.

However, the cash transfer issue that the President talked about touches on me. I come from a county where the money from the cash transfer program for older persons, persons living with disabilities and vulnerable children is not trickling down to the people. I do not know where that money goes to. He talked about 500,000 households that are benefiting from the cash transfer program. In my county, the people with disabilities or older persons are not benefiting. When they benefit, it is not regular. That money is not coming every month or two months as it is supposed to. As much as it is a laudable effort by the President to say that the cash transfer program is reaching 500,00 households, the older persons need to get that money.

Lastly, we have seen escalating incidences of sexual and gender-based violence in this country. We have seen our children being defiled. Even in this House, our integrity is being put to test on rape allegations.

Date 25th March, 2015 Member of Parliament: (Ms) R.N. Wanyonyi

Contribution She Made On:

Hon. (Ms.) Fathia: Thank you, hon. Deputy Speaker. I support this Motion on the Speech that the President read on Thursday last week. I applaud the President for the Speech and the commitment he gave to the country. As per the Jubilee Government, I can feel that there is change in terms of improvement in some sectors like health, where maternity services are now free for the poor women who want to deliver. In the education sector, schools have become free and examination fees have been scrapped. That is an improvement. In the Information, Communications and Technology (ICT) sector, I congratulate the Jubilee Government for monitoring digital migration so that, at least, Kenyans can watch and learn a lot from many channels. In the electricity sector, there is change but much is yet to be realised.

On the cash transfers, I can confirm that in my county, the old and vulnerable people receive the money. It really makes an impact. In terms of the growing economy, it is true that Kenya is admired and it has become the preferred destination for investments. However, I want to remind the Jubilee Government that it has a challenge in terms of security. It has to deal with the terror attacks. It is not easy. The security officers must be proactive. They must stop being corrupt. They must think as patriotic Kenyans so that they are able to work as hard as Ethiopians. In Ethiopia, which is our neighbour, you will not hear anything like terror attacks. However, in Kenya there are terror attacks because every officer thinks of himself first.

In terms of dealing with corruption, the President has a lot to do with his Government. At every level, whether county or national, corruption is just too much and it has to be fought. Corruption has dragged Kenya behind and even killed the economy. He has to fight corruption by action. That is the reality if he hopes to take Kenya ahead.

On the Report which has been tabled today, I, being one of the members of Public Accounts Committee (PAC), want to register my displeasure with the Report and say that I am not corrupt. The Report says that Kshs1.5 million was shared amongst the Committee members. That is a big lie. That means that there are many other things here which are not correct. I was not corrupted. I do not think I can be corrupted based on my values, religion and integrity. Let the EACC be real. Let them not be the people who are sent to give State House information just to please the Government or the President. If it is true, let them give a factual report, but not to tarnish peoples’ names. It really matters to have integrity. Our faces and names are very important. We are not the kind of people who would face charges for corruption.

The President says his Government is inclusive. He has to mean it by doing what Kenyans can see. We have many people who have been put in charge of various parastatals. Kenyans know the names from the 42 tribes. They can differentiate Mwangi, Odhiambo and Mohamed from people of Changamwe, Eastern and Western. So, if he wants to make a change, it has to be real.

Lastly, my county has been suffering from terror attacks. I want to tell the President to push his security officers to fight Al-Shabaab. It is not an easy game. He has to mean it.