March 21, 2018 SENATE DEBATES 1 PARLIAMENT OF KENYA THE SENATE THE HANSARD Wednesday, 21st March, 2018 The House met at the Senate Chamber, Parliament Buildings, at 2.30 p.m. [The Deputy Speaker (Sen. (Prof.) Kindiki) in the Chair] PRAYER COMMUNICATION FROM THE CHAIR VISITING OFFICIAL FROM THE GUJARAT STATE LEGISLATURE The Deputy Speaker (Sen. (Prof.) Kindiki): Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon, of Mr. Chetan Pandya, Deputy Secretary, visiting us from the Gujarat State Legislature of India. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to him and, on behalf of the Senate and on my own behalf, wish him a fruitful visit. I thank you. PAPER LAID REPORT ON FINANCIAL STATEMENT OF YATA WATER AND SERVICES COMPANY LIMITED Sen. Dullo: Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the table of the Senate today, Wednesday 21st March, 2018. Report of the Auditor-General on the financial Statements of Yata Water and Services Company Limited for the year ended 30th June, 2016. (Sen. Dullo laid the document on the Table) Disclaimer: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate. March 21, 2018 SENATE DEBATES 2 NOTICE OF MOTION ADOPTION OF REPORT ON SENATE NOMINEES TO SRC Sen. (Eng.) Mahamud: Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion: THAT, pursuant to Article 230 (2) (b) (vii) of the Constitution and Section 7 (1) and (2) of the Salaries and Remuneration Act, the Senate adopts the Report of the Standing Committee on Finance and Budget on the Senate nominees, on behalf of the county governments, to the position of Member of the Salaries and Remuneration Commission, laid on the Table of the House on Tuesday, 20th March, 2018. STATEMENTS The Deputy Speaker (Sen. (Prof.) Kindiki): Hon. Senators, it is now time for Statements. In the past, we have taken a lot of time unduly on Statements. My reading of the Standing Orders is that the purpose of this time is to provide a Statement hour. Therefore, this is ordinarily supposed to be an hour. However, we have ended up taking several hours. I hope that we will make it a Statement hour if not less than that. We will start with the Statement that is being sought by Sen. Kwamboka. COLLAPSE AND CUT-OFF OF A SECTION OF NAROK-MAI MAHIU ROAD Sen. Kwamboka: Mr. Deputy Speaker, Sir, pursuant to Standing Order No. 46(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Roads and Transportation regarding the collapsing and cut-off of a section of the Narok- Mai Mahiu Road due to heavy rains. In the Statement, the Chairperson should:- (1) Explain the short term measures that the Kenya National Highways Authority (KeNHA) has put in place to restore roads when such calamities occur especially on the Narok-Mai Mahiu Road. (2) Explain the long term measures that the KeNHA will put in place including redesigning of major roads as a disaster preparedness measure and not limited to building water barriers to stop flood water from entering our roads. (3) Given the unique terrain of the Maa region, what safety measures did the contractor put in place to ensure that the road does not cave in, considering that this road gets cut off every year during heavy rains. (4) Is KeNHA aware of areas where flood waters have receded hence weakened those roads with an eminent danger of caving in? Thank you. Disclaimer: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate. March 21, 2018 SENATE DEBATES 3 The Deputy Speaker (Sen. (Prof.) Kindiki): I do not see the Chairperson or the Vice Chairperson of the Committee on Roads and Transportation. Can Sen. Lelegwe give us an undertaking? Sen. Lelegwe: Mr. Deputy Speaker, Sir, I am a Member of that Committee. We had a meeting today where we invited the Cabinet Secretary next week on Thursday and KeNHA to shed light on issues of the heavy rains and its effects on our infrastructure. I am now made aware that there is also a Statement before the House. We are going to give a response in the next two weeks. The Deputy Speaker (Sen. (Prof.) Kindiki): Is two weeks okay, Sen. Kwamboka? Sen. Kwamboka: Mr. Deputy Speaker, Sir, yes, it is. The Deputy Speaker (Sen. (Prof.) Kindiki): It is so directed. That is about all the Statements to be sought. Let us move to Statements to be issued. Let us start with the Chairperson of the Standing Committee on Lands, Environment and natural Resources. HUMAN-WILDLIFE CONFLICT AND LIVESTOCK PREDATION IN WAJIR COUNTY Sen. Boy: Mr. Deputy Speaker, Sir, the Chairperson is not around but we need some time to issue the Statement. The Deputy Speaker (Sen. (Prof.) Kindiki): Is the Statement ready? Sen. Boy: Mr. Deputy Speaker, Sir, the Statement is not ready but hopefully, it will be ready by next week. The Deputy Speaker (Sen. (Prof.) Kindiki): Thank you. Resume your seat, Sen. Boy. Sen. (Dr.) Ali, that was your request. Are you comfortable with two weeks? Sen. (Dr.) Ali: Mr. Deputy Speaker, Sir, I am not comfortable but I accept because I have no alternative. The Deputy Speaker (Sen. (Prof.) Kindiki): So ordered. (Statement deferred) Next Statement IRREGULAR REGISTRATION AND PROVISION OF FACILITIES IN PRIMARY AND SECONDARY SCHOOLS The Deputy Speaker (Sen. (Prof.) Kindiki): Let us get a response from the Chairperson of the Committee on Education. Sen. (Dr.) Lang’at: Mr. Deputy Speaker, Sir, I have received a response from the Ministry on the other Statements but I have been following up on this one but they told me that it will be ready on Tuesday. The Deputy Speaker (Sen. (Prof.) Kindiki): Thank you Sen. (Dr.) Lang’at. Sen. (Dr.) Milgo, is Tuesday next week alright? Disclaimer: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate. March 21, 2018 SENATE DEBATES 4 Sen. (Dr.) Milgo: Mr. Deputy Speaker, Sir, Tuesday is alright. However, part of that Statement was requesting for the distribution of books and you will realize that there is a timeline in terms of syllabus coverage. I am sure that the Chairperson will expedite on this so that the Statement is brought on Tuesday. The Deputy Speaker (Sen. (Prof.) Kindiki): It is ordered that the Statement be strictly brought on Tuesday. Sen. (Dr.) Lang’at: Mr. Deputy Speaker, Sir, I have a response on the publication and distribution of books and it will come later. The Deputy Speaker (Sen. (Prof.) Kindiki): Alright Chairman. The Statement should be ready on Tuesday, nevertheless. (Statement deferred) The next Statement is Statement no. (c). Where is the Chairperson or the Vice Chairperson of the Committee on Health? DISAPPEARANCE OF PATIENT LEMELOI SHONKO FROM COPTIC HOSPITAL Sen. (Dr.) Ali: Mr. Deputy Speaker, Sir, the Statement is not yet ready. We are going for induction this weekend. Hopefully, by Tuesday next week we shall have the Statement. The Deputy Speaker (Sen. (Prof.) Kindiki): Sen. Mpaayei is not in the House but it is ordered that the Statement should be ready on Tuesday next week. (Statement deferred) The next Statement is Statement no. (d). Where is the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations? RAID BY ARMED BANDITS IN SUYIAN AREA, SAMBURU NORTH CONSTITUENCY Sen. Sakaja: Mr. Deputy Speaker, Sir, I have the response. The Deputy Speaker (Sen. (Prof.) Kindiki): Have you shared the response with Sen. Lelegwe. Sen. Sakaja: Mr. Deputy Speaker, Sir, the Chairperson of the Committee shared it, if I am not wrong. The Deputy Speaker (Sen. (Prof.) Kindiki): Very well. Have you looked at the response, Sen. Lelegwe? Sen. Lelegwe: Mr. Deputy Speaker, Sir, yes, I have. The Deputy Speaker (Sen. (Prof.) Kindiki): Sen. Sakaja, I direct that you summarize your answer if the Senator who requested the Statement has seen it. The full document will be tabled in the House. Disclaimer: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate. March 21, 2018 SENATE DEBATES 5 Sen. Sakaja: Mr. Deputy Speaker, Sir, when we discussed it the first time in the House, I immediately invited the Senator of Samburu to a meeting with the Inspector General of Police and we started working on it immediately. However, some of the things that have been done there are not satisfactory to the Senator but the response is here. The Government is aware that there was a raid in Suyian area of Elbarta ward, Samburu North Constituency. They have listed the number of livestock stolen during the raid and the people who were fatally injured as Ldapon Lesiamito and Lmeretuni Lepoora, both of them Samburu males. There is also a list of another three who were injured and the assertion that the raid was a revenge mission by Turkana raiders following three recent incidence where Lokorach Nakholori aged 45 years and Karing Chuma aged 14 years were killed by Samburu morans and 45 camels stolen. The National Government and the county government are offering relief assistance to the residents through the National Cereals and Produce Board (NCPB).