november 2011 hansard questions - kewopa

NOVEMBER 2011 HANSARD

QUESTIONS

Date: 1st November 2011

Member of Parliament: Hon. Millie Odhiambo-Mabona

Contribution she made on: Non-payment of hardship allowance to teachers

in Suba District

� She noted that issues raised in respect of Suba affect Mbita because they formed

one district before they were split into two.

� She noted that the policy the Minister for Education was adopting was unconstitutional and discriminatory and requested him to comply with the

Constitution so that he can treat people the same way.

� She added that Suba and Mbita were excluded in the Map of arid and semi arid

areas and yet they are semi arid.


Member of Parliament: Hon. Martha Karua

Contribution she made on: Issuance of Identity cards

� She noted that it takes the Ministry of Immigration 17 days to produce an

identity card in Nairobi and yet the same Ministry was issuing a passport in one

day.

� She asked the Minister to explain why it takes close to three weeks instead of one day to get an identity card.

� She asked him to explain how he was going to accelerate the issuance of identity

cards to the millions of youths who are not yet registered and who will need to

exercise their right to vote.

Date: 2nd November 2011

Member of Parliament: Hon. Dr. Joyce Laboso

Contribution she made on: Status of informal sector inclusion fund.

a) She asked the Assistant Minister for Finance if the special funds that the Government had come up with like Women Enterprise Development Fund, Youth

Enterprise Development Fund and the Informal Sector Fund were reaching the

people they were intended to.

� She noted that the bank channels give people so many conditions yet the

Government intended to avoid all the conditions by making it a special fund.

b) She sought to know what measures the Government had taken to ensure that

the money benefits the informal sector people for their small-scale businesses.

Date: 3rd November 2011


Contribution she made on: Enforcement of section 53 of Employment Act

She asked the Minister for Labour:-

a) When he would make regulations under Section 53 of the Employment Act on

activities that are deemed harmful to the health, safety and morals of a child

aged 13-16 years.

b) What is considered “light work” that a child can undertake under the law.


Member of Parliament: Hon. Beth Mugo

Contribution she made on: Upgrading of Makuyu Health Centre

She replied that:-

a) Her Ministry would liaise with the Ministry of Medical Services to which the Question was initially directed, because on elevation, the facility would leave her

Ministry’s jurisdiction and move to the Ministry of Medical Services.

b) If elevation of the health centre was approved, an Accident and Emergency Unit

would have to be constructed to comply with its new status of a Level IV facility.

c) The Government had allocated funds for the supply of ambulances to the model

Health Centres built under the Economic Stimulus Programme (ESP) in the

financial years 2010/2011, 2011/2012. However, the process is yet to be

finalized. Once the process is through, ambulances will be supplied on priority

basis.

� She informed the Members that at the time, the Office of the Deputy Prime

Minister and Ministry of Finance had to reduce from all Ministries certain amounts

of money because of the drought situation for the money to go to the

emergency. Therefore, they were allocated Kshs200 million only, with which they

were buying 43 ambulances from CMC dealers.

� She added that as soon as those ambulances are bought, the Ministry will have

15 of them delivered on 15th November and the balance will be delivered by 31st

December. They will be distributed according to the very difficult districts – the

ones with very long distances, particularly those in North Eastern Province.

� She added that in the division of health facilities between the Ministries under community health are Level I, dispensaries, and Level III, health centres. In

these facilities, preventive activities take place. These are activities like

immunization, child care, maternal health and all other things that have to be

done in health centres.

� She added that the Ministry of Medical Services begins with Level IV, which means facilities with beds where patients are admitted. Levels V are provincial

hospitals and Level VI is national hospitals.

� She added that when the status of a facility changes; the budget changes because the facilities change. Therefore, until there is money budgeted for that

particular facility to elevate it to that level, it would be impossible for her to give

a timeline, hence she was consulting the two Directors of Public Health and

Medical Services as to how to smoothly move from one level to the other.

� She added that she acquired from the World Bank 90 utility vehicles and five

heavy duty ambulances; both were tendered for last year, but because of the fall

in value of the shilling, the dealer refused to release them hence have to be

tendered . When these vehicles come, again, they will be given on priority basis

to the big and hardship constituencies; and slowly by slowly, be able to cover all

the constituencies.

� She confirmed that all North Eastern model health centres were completed.

Date: 8th November 2011


Contribution she made on: Eviction of Kyang’ombe/ Masai villages

� She noted that the Minister of State for Provincial Administration and Internal

Security gave an undertaking that there would not be further demolitions yet

there were demolitions at Njiru over the weekend and prominent among those

standing over the demolitions were uniformed Administration Policemen.

� She requested the House to employ all means to know exactly where the

demolitions came from so that, if the Minister of State for Provincial

Administration and Internal Security gave incorrect information, then the House

should take appropriate sanctions.


Member of Parliament: Hon. Rachel Shebesh

Contribution she made on: Findings of investigations into drug trafficking

� She asked the Assistant Minister of State for Provincial Administration and

Internal security to be candid because there was a lot of expose on television on

how compromised they were as a security agency of this country and how the

issue of drug trafficking has become a cartel that cannot be touched.



Contribution she made on: Findings of investigations into drug trafficking

� She noted that the drug menace is real and that the people of Mombasa and

Kenya are crying for help.

� She asked the Assistant Minister to explain what he was doing about the police reforms and removing the officers at the Coast - majority of who were

compromised by the drug cartels to ensure that the drug menaces as well as

other crimes are completely brought under control.



Contribution she made on: Non-payment of wages to youths under KKV in

Bangali

� She informed the House that the issue of payment of arrears under the KKV

programme was a countrywide problem and not only in Bura.

� She asked the Minister for Youth Affairs and Sports if he had taken stock of the number of youths still unpaid countrywide, and if not, when he would do that

and table it in the House.



Contribution she made on: Owners/ Directors of Zonal Holdings Investment

Company

She asked the Attorney-General:-

a) If he was aware that the Government froze the assets of Zonal Holdings and

Credit Investment Company Limited in 2001 after complaints by members of the

public through Parliament that the said company had collected varying sums of

money from them but failed to keep its promise.

b) Whether he could tell the House who the owners/directors of the company are

and what the findings of the investigations of the case were.

c) What the value of the frozen assets was and when the depositors will be paid

their money.


Member of Parliament: Hon. Charity Ngilu

Contribution she made on: Drought intervention measures in ASALs

She answered that;-

a) Ministry of Water and Irrigation had taken the following measures to mitigate the

effects of drought in ASAL areas since May, 2011: 152 boreholes were repaired;

21capt boreholes equipped; 13 boreholes drilled and equipped; 242 community

water schemes were given fuel subsidy; served 996 water tracking centres using

53 Government of Kenya hired tanks and tankers; hired 37 water tankers, 426

plastic and collapsible tanks were distributed; 90 rural water schemes were

rehabilitated and extended and 100,000 taps distributed to disinfect water at

household levels.

b) The Ministry had since May, 2011, implemented 61 projects as intervention

measures in ASAL areas under the current Drought Intervention Programme.

c) The Ministry had spent Kshs584.5 million on rehabilitation of boreholes, water

tracking and fuel subsidy; Kshs126,300 on drilling and equipping of boreholes

and Kshs164,596,947 on construction and de-silting of small dams and pans.

� She clarified that the money was put in the ASAL counties. It is taken to the

District Water Officers with specific instructions on where they will do the work in

each constituency.



Contribution she made on: Illegal subdivision of plot 505

She replied that;-

a) She was aware of the existence of Kiro Dam also known as Gacheru Dam or

Kiharu Dam by the local community.

b) She was also aware that some people neighbouring the dam had attempted to

grab the land and sub-divide it into two plots. However, the local people

protested and the District Commissioner (DC), Nyandarua West, intervened and

stopped any processing of title deeds. The land on which the dam stands was

therefore intact. Ewaso Ng’iro Development Authority had awarded a contract for

the rehabilitation of the dam.

� She added that the contractor is Global Construction Company Limited and would

start work on Kiro Dam after completing work on a nearby Kilometric Dam.

c) Since the processing of title deed was stopped, the dam plot remains a public

utility. Ongoing measures include organizing the dam water beneficiaries into a

management committee that will oversee water utilization after rehabilitation of

the dam.

� She added that there was already a management committee on the ground

which was going to work with the Ministry to ensure that the land is not

grabbed. The Water Resources Users Association, the community and the

Ministry would stop any destruction of the dam

� She added that the Ministry was encouraging people to grow more trees to

protect the water from siltation and were also putting money wherever they

construct dams and pans to ensure that communities around there can plant

more trees.



Contribution she made on: Mandate of film classification board

She asked the Minister for Information and Communications:-

a) Whether the mandate of the Film Classification Board includes classification of

videos shown in video cafes.

b) How the Ministry protects children from harmful content of videos, especially in

rural areas, where there is apparently no control/regulations.

� She requested the Assistant Minister to inform the House that in his answer he

had indicated that there were several youth who were arrested for watching

pornographic material. The emphasis seemed to be on the consumer who is the

category that we are trying to protect instead of targeting the suppliers.

� She noted that the lack of regulation was not due to weak legal framework but a

question of lack of effective implementation by the Government. The Sexual

Offences Act has very comprehensive provisions; that is protecting children from

harmful content or pornographic material.

� She asked what the Government was doing to ensure that all the laws that

protect children including the Children Act, the Sexual Offences Act and the

regulations and laws quoted by the Assistant Minister were implemented.



Contribution she made on: Congestion at Kerugoya District Hospital

She asked the Minister for Medical Services:-

a) Whether he was aware of the congestion in Kerugoya District Hospital, especially

in the male and female surgical wards, and also of the number of patients in the

said wards who are unable to raise money for metal plates and other surgical

accessories required to fix fractures.

b) The percentage of the inpatients at the facility who are victims of road accidents

involving motorcycles (boda boda)

c) What he was doing to ensure that patients who cannot afford surgical

accessories get support from the Government.

� She requested the Assistant Minister to clarify whether the percentage of boda boda victims was 50 per cent or 60 per cent, and whether this relates only to

Kerugoya or is the case countrywide.

� She noted that the cost of feeding and keeping patients who cannot afford metal

plates in hospital per day is in excess of Kshs1,000 and wondered if it made

economic sense to keep a patient in hospital for six months and use almost

Kshs200,000 on him, and for the Government to continue saying that it cannot

afford the metal plates to assist this category of Kenyans, who cannot afford the

implants, and keep the hospitals congested.

� She requested the Assistant to consider having a policy of bulk buying the implants to not only alleviate the suffering of these accident victims but also free

the many hospital beds countrywide – not just in Kerugoya District Hospital but

in every district hospital in this country – to be used by other patients.



Contribution she made on: Provision of affordable mortgage to Kenyans.

� She noted that the Minister for Housing had rightly said that a population of about nine million Kenyans who live in urban areas rent their houses and sought

to find out where the land is that the Ministry was planning to use to house nine

million people when the Government clearly said that all land purchases currently

taking place within urban areas were fraudulent, and that the land that will be

bought will put Kenyans in the same situation as that of Syokimau.



Contribution she made on: Murder of Franklin Walubengo Mutoro

� She noted that a crackdown by nature is restrictive of the freedom of movement

and added that if the Assistant Minister for Internal Security was to impose a

crackdown, it has to be pursuant to the law.

� She sought to find out if the Assistant Minister was in order to say that he had commenced a crackdown on boda boda operators beyond 8.30 p.m. – a measure

that is illegal because he had not put in place any regulations to allow him to do

that.


Member of Parliament: Hon. Beatrice Kones

Contribution she made on: Number of prisoners with KCPE qualifications.

� She replied that the number of prisoners who sat for KCPE was as follows:-

Coast Province 2008; 87, 2009; 122, 2010; 83 and Rift Valley 2008; 56, 2009;

80, 2010; 174

� The Ministry did not have a specific allocation for any particular prison. However, it normally receives Kshs500, 000 to cater for examinations and invigilation in the

entire Department.

� With regard to teachers, in 2010, the Ministry posted teachers to prisons with

KCPE and KCSE candidates. Most of them were P1 teachers and the rest were

trained graduates. They were posted to serve in the prisons and were yet to go

through training in the Ministry of Home Affairs training centre.

� She added that there are two borstal institutions in the country. There is Shimo

La Tewa and Shikutsa in Western Province. In Shikutsa Borstal Institution, there

are five teachers who are registered with TSC. Six of them are not registered

with TSC. In Shimo La Tewa there are 11 teachers. Five are registered and six

are not registered,but registration was in progress and the Ministry was waiting

for the response from TSC

� She added that the Ministry was planning to increase the budgetary allocation to cover for the necessities in prison schools.

� She added that normally, willing donors and NGOs donate books. In addition, the

Ministry had established two libraries, one in Naivasha and another in Nakuru.


Member of Parliament: Hon. Peris Chepchumba

Contribution she made on: Measures to promote silk production.

She asked the Minister for Agriculture:-

a) What measures the Government had taken to promote silk production and

weaving and whether he could also state the number of extension officers

currently in the field to provide specialized services in Eldoret South

Constituency.

b) When the Government would introduce silk farming in Eldoret South

Constituency following the launch of National Sericulture Stations in the country.

c) The number of specially built houses for sericulture the Government had

introduced in the constituency.



Contribution she made on: Fate of “pyramid schemes” money held by banks.

� She informed the Attorney-General that he can use Article 23 (3) (e) which

states that a court can give an order for compensation.

� She noted that people’s rights were denied. Article 22(c) says that a person acting in the public interest can do that. Article 20 says:- (3)“In applying a

provision of the Bill of Rights, a court shall (a) develop the law to the extent that

it does not give effect to a right or fundamental freedom;”

� She added that the Attorney-General can ensure that innocent Kenyans who were denied their rights in one way or the other are helped.



Contribution she made on: Ratification of Hague Convention on Child

Adoption.

She asked the Minister for Gender, Children and Social Development:-

a) Whether Kenya had ratified the Hague Convention on the Civil Aspects of

International Child Adoption of 25th October, 1980.

b) How many Kenyan children have been adopted by foreign nationals from 2008 to

date

c) What the Government was doing to protect children against possible trafficking

through the International Adoption Process.

� She informed the Minister that a lot of children are trafficked through several

processes; through abduction especially by divorced parents; adoptions; stealing

and through miracle babies.

� She added that since the Hague Convention of 25th October, and the Convention of 29th May on Protection of Children and Co-operation go together in relation to

the issue of trafficking and in respect of inter-country adoption, she requested

the Minister inform the House when the Government intended to ratify and

domesticate the treaty on child abduction to protect the children of Kenya

� She asked the Minister to clarify cases where the adoption societies use homes

that are not regulated. People go and actually adopt children that are not

available for adoption.

� She requested the Minister inform the House what she was doing to ensure that

children are not declared free for adoption when they are not free for adoption.


Member of Parliament: Hon. Dr. Naomi Shaban

Contribution she made on: Ratification of Hague Convention on Child

Adoption.

She replied that;-

a) She made a correction that the Hague Convention of 25th October, 1980 on the

Civil Aspects of International Child Abduction” and not adoption. Kenya has not

ratified the convention in question.

b) Between the years 2008 and 2010, 197 Kenyan children were been adopted by foreigners. Figures for the year 2011 will be available at the end of the year.

c) To protect children against possible trafficking, several measures have been put

in place, which includes, the National Adoption Committee which approves the

registration of local and foreign adoption societies to conduct adoption. This

registration is valid for 12 months and it is renewable. The local adoption

societies declare children free for adoption and place them with their adopters as

per Section 156(1) of the Children’s Act. They also receive quarterly post-

adoption reports from affiliated registered foreign adoption agencies of the

receiving countries for the first three years.

� She added that at the same time, the Government has put in place strict vetting

mechanisms for anybody seeking to adopt a child. For example, the Immigration

Department demands a letter of no objection from the Director of Children

Services before issuing passports to adopt the children.

� She added that applicants have to produce authenticated adoption certificates from the Registrar-General accompanied by a High Court adoption order bearing

a court seal.

� She informed the House that the ratification of the convention will be done in

line with Article 94(5) of the new Constitution, which requires Parliament to play

a role in the process, unlike in the past when this was a preserve of the Cabinet.

The Ministry sought the advice of the Attorney-General’s office and was advised

that the latter was drafting the Ratification of International Treaties Bill.

� She added that last year October, the Ministry came with a certificate of

conformity under Article 23 of the Convention, which is given to all foreigners

who are adopting children; that is the only way of ensuring that the child who is

being adopted, and the people who are adopting them, have undergone full

vetting by the Adoption Committee.



Contribution she made on: List of bore holes in Mwala Constituency.

She replied that;-

a) The number of boreholes drilled in Mwala Constituency since the year 2006 to

date is 41. Out of which, 13 boreholes were still capped due to budgetary

constraints.

b) To equip one borehole, there are parameters considered before arrival at the

final cost like the depth, yield, head to pump, quantity of water to be pumped

and the source of energy to be used.

� She added that the civil works like tanks, pipelines and auxiliary works are also considered. The average cost to equip a borehole could range from Kshs1 million

to Kshs5 million when the above factors are considered. The Ministry has funds

under the Drought Mitigation Programme and the capped boreholes will be

considered under this programme.

c) The Ministry through the Water Services Trust Fund has set aside Kshs5, 398,8

14 for use to improve water services in Mwala/Wamunyu Water Project. Further,

Mbaika/Mwasa/Kibauni/Wamunyu Water Supply will receive a further Kshs76

million for rehabilitation in the current financial year.

� She added that the policy in the Ministry is that there are areas where they can only give people water through boreholes. There are others that they can give

people water through using available rivers or streams.


Member of Parliament: Hon. Esther Mathenge

Contribution she made on: Purchase of rice by the Kenya Red Cross.

She replied that;-

a) The Kenya Red Cross Society does not buy rice and has never bought rice locally for food distribution. The entire scope of their food interventions whether via

direct food aid or food security initiative are non-rice related unless there is a

specific rice donation.

b) Therefore, the Red Cross does not buy any rice from Mwea Society

� She added that since one scheme was under process, the Government would

buy because then it will be under obligation to support the farmers. However,

under the Act that incorporated the Kenya Red Cross, she could not dictate to

them where they will purchase their rice or other foodstuff.

� She added that the Ministry has a contract with a supplier and when the rice is needed, the Mwea Irrigation Scheme did not have adequate supplies and they

were also not willing to sell at the price that the contractor wanted to buy.



Contribution she made on: Purchase of rice by the Kenya Red Cross.

� She asked if there was anything preventing the Government from bulk buying

the rice just like they do the maize and providing rice as a relief food. After all, it

is easier to cook than maize.



Contribution she made on: Completion of irrigation dams/reservoirs in Kieni.

� She replied that the programme that will include construction of six irrigation

dams was under feasibility study which is being funded by the Arab Bank for

Economic Development in Africa through a grant aid of US$400,000 which is

equivalent to about Kshs40 million. The feasibility study will be completed by

May, 2012 and a detailed design is programmed to start thereafter and be

completed in February 2013.

� She added that construction of dams will then start in May, 2013 and is expected

to be completed within two years, that is, by May 2015, the expected cost of all

the works is about Kshs5 billion.

� She clarified that it is not possible to design dams of that size and get them

through the tender processes. The funding was already obtained and, therefore,

it was not possible for this to be done earlier than May, 2015, with all the

designs and the construction work having been done.

� She added that when the Government signs contracts for a project of that

magnitude with donors, sometimes there is a requirement that the co-funds 10

per cent of the cost of the project. That money comes from the Exchequer. That

way, the donors are able to see the seriousness of the Government in funding

and completing projects.



Contribution she made on: Mbagathi Hospital in deplorable state.

She asked the Minister for Medical Services:-

� Whether he was aware that Mbagathi Hospital was in a deplorable state and

some wards, such as Ward 1 do not even have windows.

� What he was doing to improve the condition of the hospital, which serves many

Kenyans.

� She indicated that she got complaints from members of the public, many of

whom she did not know and were just texting to indicate their concerns.

� She sought to know what the Ministry intended to do to ensure that he hastens the repairs and puts a quality that does not fall off easily since this hospital

serves many women.

� She added that most of the hospitals are in deplorable states, including those in

Mbita and Lagdera.

� She added that under Article 43(1) of the Constitution, it is indicated that every person has the right to the highest attainable standard of health. From what the

Assistant Minister indicated, indeed, that hospital did not show that the

Government was complying with that Article.


Member of Parliament: Hon. Rachel shebesh

Contribution she made on: Mbagathi Hospital in deplorable state

� She noted that the Assistant Minister for medical services had done a good thing

by acknowledging that the hospital was not originally designed to be a general

hospital. However, effectively, it was running as a district hospital that serves

many of the Nairobi residents.

� She sought to know for how long the Ministry would allow Nairobi residents to continue using a facility that was not designed to be a hospital in the state that it

is.

QUESTIONS BY PRIVATE NOTICE


Member of Parliament: Hon. Peris Chepchumba

Contribution she made on: Civic education on effects of GMO food

She asked the Minister for Higher Education, Science and Technology;

a) If the Government had a plan to conduct civic education on the effects of

consuming Genetically Modified Organism (GMO) food.

b) If he was aware that due to inadequate information on the importation, sale and

consumption of GMOs, farmers in grain growing areas were suspicious of seeds

being provided by Government agencies.

c) The number of experts on GMOs the Government has in the country and,

particularly, in Eldoret South.

d) If the Minister could confirm to the House the number of GMOs, particularly

seeds were imported into the country.



Contribution she made on: Details of grenade attacks in Nairobi

She asked the Minister of State for Provincial Administration and Internal Security:-

a) If he could apprise the House on the particulars of the recent grenade attacks on civilians in different parts of Nairobi and provide an update of the progress of

investigations into the incidents

b) If he could confirm that the grenade attacks on civilians in different parts of

Nairobi was related to the “Operation Linda Nchi” in Somalia.

c) What measures the Ministry had instituted to enhance security and guarantee

the safety of Kenyans, especially in Nairobi.

� She sought to find out when the police would complete investigations so that

they could know for sure who were behind the grenade attacks that affected the

lives of 25 Kenyans.

� She noted that despite the Minister’s response that he had carried out enough civic education and sensitization, it was not done sufficiently.

� She asked the Minister to inform the House what he was going to do to ensure

that Kenyans understand how these kind of attacks are undertaken and what

packages would be used to mount them.


Member of Parliament: Hon. Esther Mathenge

Contribution she made on: Formulation of policy on protection of IDPs.

She responded that:

a) Kenya lacks a national policy on the prevention of Internally Displaced Persons (IDPs). In recognition of this gap, they prepared a Cabinet Memorandum in May

which was circulated to various stakeholders.

b) Through the Operation Rudi Nyumbani, the Government had managed to

persuade 350,000 individuals to go back to their farms. The Ministry was able to

give ex gratia payment of Kshs10, 000 and Kshs25,000 equivalent to

Kshs2,562,290 to various people who were affected by the Post-Election Violence

(PEV).

� She added that the Government had also obtained a loan of Kshs1 billion from

the African Development Bank for the construction of houses for the Internally

Displaced Persons (IDPs) both in Nakuru and Uasin Gishu counties. 13,443

houses were constructed of which 12,732 are occupied. An additional 30,953

houses that were burnt were reconstructed both by donors and by the

individuals through an ex-gratia of Kshs25, 000.

� She added that as per the data bank that the Ministry has, 6,978 households are in 20 self-help groups. Out of those, 2,093 IDPs were settled on 7,008 acres of

land.

� She added that the Ministry was in the process of demarcating and planning

1,447 acres where they would settle 843 IDPs. Another 928 acres was at various

stages of procurement and would accommodate 331 households.

� She added that arrangements were also underway to construct 2,593 houses for

the Turkana IDPs who were also displaced. However, the process of constructing

those houses was delayed due to disagreements with the local leaders and the

communities on the type of houses to be built, but discussions were going on, on

whether they should do inter-locking blocks or mud walled houses.

� She added that there were 424 refugees out of the 640 who had fled to Uganda and were back. They were given both the Kshs10, 000 and the Kshs25, 000

exgratia.

� She added that the Government had also settled a total of 46,340 households

who were in 110 transit camps and the modalities are being worked out to

resettle the remaining 158 households in eight camps within Kuresoi District.

� She added that the Ministry would take care of all IDPs who were not taken care of.




� She thanked the Minister for Special Programmes for taking into account the

Turkana IDPs and added that she was lobbying persistently for integrated IDPs

especially in Kisumu, Homa Bay and Mbita counties specifically.

� She asked if the Minister was considering integrated IDPs in the policy and when she intended to pay IDPs from Homa Bay, Kisumu, Mbita and Suba.




� She informed the House that she would forward a list of integrated IDPs in

Gichugu and any other list provided to her by the sufferers.

� She requested the Minister to assure the House that she was coordinating with the Ministry of Lands because there was a push and pull with regard to the

settlement of the post-election violence IDPs.

� She asked the Minister if he could also confirm that where land is not readily

available, she will consider giving those IDPs money and ensure that she settles

entire camps to ensure no people return after that exercise.



Contribution she made on: Eviction of Kyang’ombe/Masai villages residents.

She asked the Minister of State for Provincial Administration and Internal Security the

following Question by Private Notice.

a) Why the residents of Kiang’ombe and Masai villages in Embakasi area, Nairobi,

evicted without notice

b) Why the Government did not provided the residents with alternative settlement.

c) What measures the Government had taken to offer assistance to the evictees.

� She informed the Minister in charge of internal security that the Constitution

talks about social justice hence one cannot evict people without preparing and

showing the concerned where they will move to.



Contribution she made on: Traffic congestion between Ruiru/Thika towns.

� She advised the Minister for Transport to consider liaising with the police to ensure that at every diversion where congestion occurs there are policemen to

guide traffic in order to avoid traffic jams.



Contribution she made on: Eviction of Kyan’ombe/ Maasai residents

� She tabled a letter from one of the residents of Kyang’ombe/Maasai Villages

which clearly showed that the residents, who had permanent and semi-

permanent houses, had been paying the requisite fees to the City Council.

� She added that it was therefore totally misleading for the Minister for the

Minister for transport to claim that they were not settled there by any authority.

� She noted that it took time to build a semi-permanent or permanent house and

wondered why the Government waited until those residents had put up their

houses only to go and demolish them. She added that the eviction letter stated

that the property in which people were evicted from were being occupied by the

Chinese and sought to know if the eviction was for security purposes or for

foreigners to occupy.

� She pointed out that the notices that the Minister tabled were a general notice addressed to residents of Kiang’ombe Village. It omitted Maasai Village. Two of

the notices were addressed to specific individuals, while the rest were general

and wondered why notices were not issued to each house.

� She referred to Article 40(6) of the Constitution, which clearly says that the rights to ownership under this Article “do not extend to any properties that have

been found to have been unlawfully acquired”. All the Ministers and Members of

the House swore to defend the Constitution hence it was unlawful for the

Minister not to follow the institutions set up by the Constitution and for the due

process.



Contribution she made on: Eviction of Kyan’ombe/ Maasai residents

� She noted that in urban areas every time towards, an election, there are political

games played. Sometimes houses of the majority of residents in urban centres,

particularly Nairobi, are razed down. People are displaced in order for some

people to gain political ground and in order for other people to lose ground; this

is so especially for those who have a lot support certain areas. She asked the

Minister to state whether there was politics being played in the demolitions, but

using the excuse of Al Shabaab.



Contribution she made on: Disappearance of Mr. Kinyua Marui in Mt. Kenya

forest.

She asked the Minister of State for Provincial Administration and Internal Security:-

a) If he aware that Mr. Joseph Kinyua Marui disappeared in Mt. Kenya Forest where he had gone to graze cattle on 26th October, 2011 and has not been traced since

b) What efforts was the Government making to ensure that the said person is

traced.



Contribution she made on: Disappearance of Master Kenneth Muriithi

She asked the Minister of State for Provincial Administration and Internal Security;-

a) If the Minister was aware that Kenneth Muchiri Muriithi, a Form II student at

Kiine Mixed Secondary School in Mara District, disappeared on 7th September,

2011 and has not been traced since

b) If a report on the disappearance was made to the police by the School and, if so,

when.

c) What was the Minister doing to ensure the whereabouts of the student were

established.



Contribution she made on: Measures to avert nationwide strike by health

personnel.

� She sought to find out in view of the seriousness of the matter and the Assistant

Minister for Medical Services having admitted that there is massive brain-drain,

what comprehensive plan the Government had about improving the doctors’

terms and conditions, including the nurses and all other staff in the hospitals and

also to equip our hospitals.

� She noted that some of the conditions in the hospital include lack of proper

diagnostic equipment and lack of proper facilities for treatment, including cancer

treatment

COMMUNICATIONS FROM THE CHAIR



Contribution she made on: Correction of errors detected after scrutiny of bills

passed by Parliament.

� She requested that the Report of the Committee tasked by the Speaker to check

on the errors in the Bills be tabled, so that hon. Members and Kenyans can know

which errors they were and in what clauses of the said Bills.



Contribution she made on: Selection Committee on appointment of registrar

of political parties.

� She noted that the communication contained certain information conveyed to the

House by the two Principals, which was totally inaccurate.

� She added that where the political parties were concerned, reference to the Party of National Unity (PNU) and its affiliates would erroneously include

NARC(K) which was not consulted, and which forms a substantial part without

which they cannot even merit to nominate the people they have nominated.

MOTIONS



Contribution she made on: free treatment of cancer patients in Kenya

� She supported the motion and noted that a law on cancer was long overdue and

urged the mover of the motion to hasten the process.

� She noted that cancer is not necessarily a death sentence. With proper and

accessibility of medical care, it can be managed. Therefore, accessibility of a

support system by the majority of Kenyans is long overdue given that the cost of

managing cancer is very high.

� She added that the commencement one week treatment is about Kshs100, 000

for chemotherapy alone, and not many Kenyans can afford it, and with even

subsequent treatment.

� She noted that Kenyan as a country must invest in further research, especially on

traditional herbs. There are a lot of traditional herbs with curative qualities that

are left to foreigners to take them and sell after re-branding.



Contribution she made on: Adoption of report on approval of Chairperson and

members of CAJ.

� She clarified that Equity assists the vigilant and not the indolent and added that the public actually gave CIOC written memoranda which they looked at and even

called some for clarifications.

� She seconded the motion and agreed that the nominees were very highly

qualified and brought very divergent strengths, because they are only three in

this Commission.

� She added that it was important that there are 3 persons with very divergent

strengths in law, gender and development, community development and

grassroots work as strengths.

� She noted that on Section 254 of the Constitution, one of the challenges they were going to face as a House is the issue of addressing equality and equity at

the same time. The Constitution provides for both but where somebody is

qualified, they must take them into consideration and give them a chance yet

there are cases of historical injustices.

� She noted that there are minority communities and the women who for many

years had not been given opportunity. Because of that, whenever the House

makes considerations, it must look at issues of equity.



Contribution she made on: Adoption of report on approval of Chairman and

members of IEBC

� She seconded the motion and noted the proposed Commission brought divergent

strengths. There are lawyers, sociologists, managers and accountants.

� She was pleased that there was equalizing opportunities for the marginalized.


Member of Parliament: Hon. Bishop. Margaret Wanjiru


members of IEBC

� She supported the motion and added that she had worked with some of the

individuals whose names were on the list, in particular the Chairperson, Mr.

Ahmed Isaack Hassan who is not only patient, but is also a man of integrity.

� She noted that integrity is not the state of one’s religion but the state of the principles that a person lives with.

� She noted that the Chairman had been tried, is acceptable and failure to appoint

him would be detrimental to the country.




members of IEBC

� She supported the team and added that in the new Constitution gender has been

taken into the mainstream of our affairs; those ladies who were appointed were

going to make a difference.

� She noted that Kenyans were looking up to the members of the Commission to

ensure that the elections are peaceful and fair



Contribution she made on: Adoption of report on nomination of Chairperson

and member of National Gender and Equality Commission.

� She opposed the amendment to delete the full stop at the end of it and inserting

the words “subject to deletion of the recommendations under paragraph 7.2 on

page 13 of the Report” and inserting the words “that the House approves the

nomination of Miss Winfred Osimbo Lichuma as the Chairperson of the National

Gender and Equality Commission in place thereof.

� She noted that all the four ladies were qualified, but in order of merit. The

reasons that the two Principals gave for rejecting candidate number one were

based on the ethnicity they ascribed to her.

� She added that the Report showed that they were wrong on her ethnicity, and even it was stretched to her ethnicity by marriage, they were wrong.

� She added that the Constitution does not only talk of ethnicity and region. It starts with meritocracy as number one. After consideration of meritocracy,

regional and ethnic balance could then be considered.

� She added that the process was wrong and was pitting Kenyan professionals against each other through no fault of their own.

� She noted that the second reason that the two Principals gave was that there are two other people who are in the commission, who are from the same region or

ethnicity as candidate number one, which is not correct. Even the two that were

being alluded to, one had joined the Commission on Administration of Justice.

� She urged the House to take the Motion as it was and reject the names for the

Chair, so that the two Principals could reconsider the position and go back to the

House with better reasons, and not with reasons that are factually incorrect.



Contribution she made on: Adoption of report on nomination of Chairperson

and member of National Gender and Equality Commission.

� She opposed the amendment and added that it would set a very bad precedent.

The Constitution shows clearly how people will be appointed.

� She added that the Committee sat down and interviewed people and could

therefore not be let down. An advert was put in the newspapers and people

applied for those positions. They were called for interview. This is the final

product or results of that interview.

� She noted that accepting the amendment would set the precedence that

Parliament was breeding ethnicity.



Contribution she made on: Adoption of PSC report on Senate Nominees to

Salaries Remuneration Commission.

� She supported the motion and agreed with the Commission in relation to the

reasons that they had given.

� She was glad that they took into account the issue of regional balance because the Constitution provides that every nomination, must take into account regional

and ethnic balance.

� She noted that even though the Constitution does not define what a region means, Parliament must either come up with a law that defines what a region is,

or must start thinking what constitutes a region.

� She advise the Principals that whenever major issues of nomination occur, there

must be a memorandum or some written explanation to Parliament, so that there

are no questions that would, cause the public to question the suitability of the

nominees.

� She added that all ethnic communities in Kenya should be taken into account

because there are certain ethnic communities that are more populous than

others. Therefore, in appointments, there must be some level of equality while

taking into account equity.

� She added that while giving opportunities to the majority communities, they

must also take into account the smaller communities.



Contribution she made on: Establishment of the Catering and Health services

Committee.

� She supported the motion and added that she was happy with the composition

of the committee because it actually debunks the gender stereotypes.

� She was happy that in this committee, out of 11 members, there were nine men

and two women.



Contribution she made on: Formulation of Geo- information policy.

� She thanked Hon. Otichillo for the motion that can contribute to the development

of this country and speaks about issues of the concern to ordinary Kenyans.

� She noted that one of the primary aims of the information system that is set is to

help in planning.

� She noted that it is very embarrassing to see a country where buildings come up

and then look for roads through these buildings.

� She noted that the country has many young people who are looking for jobs and

can do excellent work hence the motion will force the planners to effectively

plan, so that when we need all the information on planning, then one can

actually google and see a road reserve, a game park or a place that was

designed for children to play on.

� She added that the Motion would reduce corruption. In this country to get get information from any Ministry, whether it is the Ministry of Lands or that of

Immigration and Registration of Persons, that information is not readily available

unless one is willing to part with a lot of money and this is so across the whole

country.

� She noted that with this system, it will ensure that all the information is, as

provided in the Constitution, availed at the click of a button. This will reduce

corruption because a computer does not ask for a bribe.

� She added that it will also facilitate the inclusion of marginalized groups in the

development of this country, because it will give information about gender and

development. It will give information about security, tourism and areas with

potential for tourism like Mbita Constituency.

� She urged the House to ensure that once they support and pass the Motion, the Committee on Implementation should follow up and ensure that it is

implemented within the life of this Parliament.




� She supported the Motion and noted that it meant that the Government was

being pushed to set up a system that becomes a major planning tool. This is

because with the Geo-Information System (GIS), it will bring to an end

demolitions and excavation of roads to let water pipes or any other

communication equipment to pass through.

� She added that with this system in place, it will be possible to track the allocated

funds, their use and even with discretionary funds, be able to see how the

discretion holders are spending those funds. In Ministries where there is

infrastructure, there is always a discretionary fund which becomes a tool of those

in authority to use as they please. If there is transparency in how they allocate,

people are able to track what they are doing at the touch of a button.

� She added that with the system, it will be easy to track the owners of all mobile

phones about the fraud that is escalating through mobile phones.

� She noted that all those around Nairobi and elsewhere, who have been traumatized by demolitions and evictions, when they go to search at the Lands

Office, they are falling at the hands of fraudsters and given searches which are

not authentic. When there is transparency in the way the information is stored

and accessed, then the public is more likely to get accurate information. If there

is any inaccuracy, the time to respond and detect it, is much sooner.

� She added that at the Registrar of Companies, searches take long. Registering

companies is taking long because they too have to search for information to

know that there is no other company by those names. They need certain details

of people and have to liaise with other Government departments.

� She noted that if procurement can be tracked online, it means it is open for

everybody to see and it becomes much more difficult to try and seek to

manipulate or alter the specifications or even to help alter for a preferred

contractor when the process is on because it is exposed. It is about

transparency, accountability and planning.




� She congratulated the Dr. Ottichilo for coming up with a very timely Motion, and

for doing the work that should be done by the Executive arm of the Government,

which is formulation of policy.

� She took the opportunity to speak about climate change talks that were going on

in Durban, Republic of South Africa. In those talks, there is a critical issue about

the Kyoto Protocol, and whether or not the Kyoto Protocol will be renewed.

� She noted that the Kyoto Protocol remains the only legal instrument through

which African and developing countries have to hold the developed world to

account.

� She noted that the Kyoto Protocol talks about mitigation by the developed

countries by cutting down their greenhouse gas emissions, and adaptation by

vulnerable countries like Kenya of the climate change mitigation initiative.

� She added that talks about Kyoto Protocol, without the kind of information the

geo-information would be an exercise in futility.

� She noted that the issue of disaster risk reduction is one of the components that

highly need the geo-information policy because all the Ministries must have a

component of disaster risk reduction, especially Ministries that deal with the food

security, specifically the Ministry of Agriculture, the Ministry of Environment and

Mineral Resources, the Ministry of Water and Irrigation and the Ministry of

Energy.

� She noted that if the Ministries do not have components of disaster risk reduction

in their planning and policies, a food crisis is created. The maize crop in the last

season failed because we did not look at the necessary information, which must

have been available. If information was not available then, it must be made

available.

� She noted that data on gender would help look at critical areas where gender discrimination is being practiced. This information may be available at certain

levels but it is not available at the national level for everybody to look at, be they

in the public or private sector.

� She added that the motion was critically addressing the issue of information on

gender and development. The aspect of gender development is not about

representation of women, but how women and men are playing equal

participation in development in the country.

� She noted that the youth are techno savvy and know how to build very complicated ICT systems which are used internationally. Therefore, the country

is not lacking people who can come up with this kind of information.

� She added that the Motion is speaking to a web-based spatial data

infrastructure, both at the national and county level. This information will never

disappear and cannot be used for corrupt purposes.


Member of Parliament: Hon. Dr. Naomi Shaban


� She congratulated Dr. Otichilo for bringing the Motion and noted that The Government had already embraced this concept. In almost all the primary and

secondary schools, the children are studying Information Technology (IT).

� She added that the country should embrace this technology because it is useful

in many areas, be they in health, land administration and management, gender

development, security and safety systems.

� She added that the prevalence of diseases country would have been dealt with better if we embraced this technology. Areas where these diseases are prevalent

would be mapped and help people to take the necessary precaution.

� She noted that there are professional squatters because of lack of land administration system in this country. These are people who move from area to

another. Everywhere they go, they are resettled. Because of lack of information,

they keep on running from one place to the other looking for land to settle. If

Government wants to resettle people, with the help of this system, it is easy to

get their names.

� She noted that the branding of the country is so important because we cannot

talk of how successful the tourism industry without branding our country. There

are countries with less attraction sites or animals but they are doing better than

Kenya because of aggressive marketing.

MOTION FOR ADJOURNMENT UNDER STANDING ORDER

NO.23.



Contribution she made on: Road carnage along Nakuru-Nairobi highway.

� She seconded the Motion and noted that the country was suffering from a self-

inflicted misfortune.

� She noted that in 2003 when the Michuki Rules were enacted, accidents reduced drastically. Kenyans were committed then to obey the law and ensure that the

matatu drivers also obeyed the law.

� She added that impunity was fueling the carnage. The drivers know that all they

have to do is go back to their pockets, bribe their way around. If they go to

court, they can talk to the prosecutor and the next person.

� She noted that there is need to fight impunity, reform the police force, make it a

priority and also seek cooperation between the Ministry of Transport and the

Ministry of State for Provincial Administration and Internal Security.

� She added that there should be enforcement and issues of the rule of law first

and use the speed governors, which were quite effective at that time to make

sure that rules are obeyed and that there is no overloading.

� She suggested that the Ministry should buy gadgets to measure the speed which

the traffic police will be having at their stops because most accidents are caused

by over-speeding and defective motor vehicles especially those with defective

breaks.




� She supported the motion and congratulated the Member for Naivasha, Hon.

Mututho for addressing it as a matter of national concern.

� She noted that there was an increase on the number of accidents and it is no

longer safe to drive on the roads.

� She added that Ministry needs somebody who will go and get his hands dirty on

the ground. To deal with the police, un-roadworthy vehicles, the issue of speed

governors and safety belts will not be done in the comfort of offices.




� She supported the motion and noted that the culture of impunity was a

challenge.

� She challenged the Minister for Transport to restore order in the Ministry. � She added that there is need to look at accidents in relation to planning of the

cities. A lot of the rural areas were quickly turning into urban areas. However,

the planning was coming up so haphazardly.

� She added that the emergency response mechanism is very poor and suggested

that there should be life sentences for people who drive defective vehicles and

cause deaths.



Contribution she made on: Demolition of Houses in Syokimau Estate.

� She supported the motion and noted that the Government had violated the

Constitution by carrying out all these demolitions and had forgotten the principle

of social justice, which is rooted in the Constitution.

� She added that it did not matter whether the land is in Mavoko or Nairobi. These

are Kenyans who had title deeds to this land issued by Government officials;

therefore, it was the GoK, through its officials, that misled Kenyans.

� She noted it was a case where under Article 40 of the Constitution and owners would deserve compensation if the Government actually needed the land. They

deserved notice, if it was compulsory acquisition because of the need to change

the user from residential to something else.

� She sought to find out why only Kenyans and not multinationals were affected

because the Chinese have some structures in Syokimau but were not affected.

� She added that someone must go to court and compel the Government to pay

for their misery, pain and trauma, and not just for the houses they had

constructed.

� She added that the Government of Kenya was violating the rights of its own

people by creating destitutes out of hardworking people and traumatizing

children and adults.

� She added that Parliament should rise up to the occasion and compel the

Government not only to pay compensation urgently, but also to have a policy on

evictions. A serious Government would not cause a humanitarian crisis in the

name of a security operation.


Member of Parliament: Hon. Wavinya Ndeti

Contribution she made on: Demolition of Houses in Syokimau Estate

� She noted that the demolitions were unconstitutional, unlawful and resulted in

loss of millions of hard-earned shillings.

� She informed the House that the schemes in question were Uungani Settlement,

Mlolongo Brothers and Jumbo Settlement Scheme. The issue of Uungani

Settlement Scheme was in court.

� She added that the General Development and Land Use Plan for the Jomo

Kenyatta International Airport, which was published in 1995 and which she

tabled, clearly indicated that where the scheme lies is far from where their

boundary is. The Kenya Airports Authority had already secured and fenced its

land.




� She noted that one of the issues is that the flight pathway for Jomo Kenyatta

International Airport was interfered with and added that Wilson Airport has the

same problem.

� She added that the cabinet would not victimize people for things that the

Government was watching silently, sitting by, waiting for people to build houses,

investors to put in money and then a Cabinet decision is made by Ministers to

demolish the buildings.




� She emphasized that the country is governed by a Constitution and by the rule of

law and if people were given titles deeds wrongly, it must compensate them.

� She noted that the problem in the country is impunity and it begins with the

Government itself.


Member of Parliament: Hon. Cecily Mbarire


� She noted that Article 40(2) of the Constitution states that; - “Parliament shall

not enact a law that permits the State or any person to arbitrarily deprive a

person of property of any description, of any interest in or rights over any

property of any description”.

� She noted that the House could not pass laws to allow the State to arbitrarily take away property and should demand full compensation to these people who

were deprived of their property.

� She added that the KAA should defend itself and state who directed them to do

what they did.

BILLS



Contribution she made on: The Unclaimed Financial Assets Bill (Committee of

the whole House)

� She supported the motion and noted that there are so many unclaimed assets,

particularly, to widows and other people who have lost so much property. All this

property is enriching a lot of banks. The rightful administrators of the estates of

lost loved ones can now begin to enjoy some of these assets.



Contribution she made on: The Constitution of Kenya (Amedment) Bill (First

reading).

� She noted that the Minister for Justice, National Cohesion and Constitutional Affairs knew that in canvassing for the two-thirds principle and subsequent

agreement to the constitutional amendment, women were never informed that

due to the two-thirds principle there would be an amendment of the election

date and another amendment relating to boundaries.

� She requested the Minister to take time to listen to the fact that as much as

women support the constitutional amendment in order for the principle of two-

thirds to be achieved, not all women would agree on the amendment relating to

the election date.

� She noted that combining the three amendments together had created the

perception that Parliament is quick and ready to amend the Constitution without

looking critically into issues to do with the spirit and the letter of the

Constitution.

� She urged the Minister to break down the Bill into three, so that the three issues could be dealt with separately.



Contribution she made on: The Constitution of Kenya (Amendment) Bill (first

reading)

� She noted that the bill was omnibus and dealt with more than two chapters of

the Constitution; the chapter relating to representation and the chapter relating

to the composition of the Legislature.

� She added that the bill brought together matters that were too heavy and that

ought to be separated, especially to enable meaningful participation by the

people of Kenya.

� She added that issue of boundaries although relating to elections, ought to be dealt on its own so that it is comprehended.

� She noted that the current Constitution does not know Cabinet as an initiator of an amendment. It refers very specifically to an initiative by Parliament hence it

was improper for him to initiate the amendment.

� She noted that the Committee on Implementation of the Constitution (CIOC)

disowned the initiative because it ought to have gone through a relevant

Committee of Parliament to enable participation.

� She noted that for the budget cycle to change it should to be in accord with the Constitution and there is room for it in the Constitution.

� She added that the Constitution must be held in reverence and only be amended

as a last resort.

� She noted that the Minister for Justice, National Cohesion and Constitutional Affairs was present in Parliament when the Political Parties Act and the Elections

Act both of 2011 were passed. At that time, there was opposition by Members of

the House to allow or to make it mandatory for parties to nominate one-third

women among the people they present for elections and wondered why the

Members would oppose a simpler mechanism to fulfill the gender quarter, and

then go to the amendment of the Constitution.

� She reminded the House that the reasons why Kenyans wanted a new

Constitution is because they felt that the old document had been so violated by

frivolous amendments that it had ceased to resemble the document they knew

and urged Parliament to be very careful not to develop a culture where anything

they do not like makes them initiate a constitutional amendment.

� She noted that there is nowhere in the world had the term of Parliament been

interpreted to include the elections. Therefore, if a term of Parliament is five

years, elections must be within those five years and not outside five years.



Contribution she made on: The Cancer Prevention and Control Bill (second

reading)

� She supported the bill and noted that there were increased cases of cancer and the country ought to do something to deal with it.

� She noted that one of the challenges is lack of awareness especially on issues of health. Cancer disproportionately affects women much more than it affects men

especially cervical and breast cancer and yet many people do not know how to

take early intervention measures.

� She added that it is strictly a responsibility of the Government to ensure that

information is availed to the public.

� She added that accessing palliative care is a very difficult challenge because the centres are extremely few and many of them are not for the Government and

are extremely expensive

� She noted that it is important that research be enhanced and be centered in a

facility that actually looks at issues of cancer and especially on medicinal plants.



Contribution she made on: The Partnership Bill (second reading)

� She thanked the Attorney-General for moving the bill and sought to know he was

bringing a new Partnership Bill when there is already an existing one.

� She also requested him just to bring terminology and wording such as “Minister”

in conformity with the current Constitution.

� She noted that it was a good initiative especially in relation to members of the

public especially in the legal sector where of lawyers get into partnerships and

when the partnerships breaks which is often very acrimonious, the interests of

the clients are not taken into account.

� She encouraged the Attorney-General to also put a lot of emphasis on third

parties that are likely to be affected by the actions of the partners.

� She noted that on partners owning property in trust on behalf of the others, it is, especially women who may be affected when their husbands are in partnerships.

When a husband dies and he was in a partnership, most of the partners get

quiet and they do not inform the families and spouses of the deceased partner

about the benefits that they may be having in the partnership.

� She noted that the law presumes that all Kenyans have information about the

law and suggested that there should be laws that are self-executing and where

one does not put the onus on ensuring the law is executed on the public, but on

the law itself.

� She noted that the same manner and the same approach had been taken by the

other new laws like the Sexual Offences Act and the Counter-Trafficking in

Persons Act; hence there should be a section on implementing this law. As a

matter of practice, every law should have an implementation clause so that

Kenyans are protected.


Member of Parliament: Hon. Prof. Margaret Kamar

Contribution she made on: The Partnership Bill (second reading)

� She supported the Motion and noted that the issue of partnership had created a lot of acrimony among Kenyans. We have heard enmity arising out of how

partnerships are formed and sometimes people are taken advantage of. People

have entered into partnerships only to discover that their liabilities have been

generated without them knowing.

� She requested the Attorney-General to tell the House how the information could

be passed on to Kenyans and especially women who have been great victims of

these situations where spouses die without declaring which companies they were

in

� She noted that the youth were being encouraged into youth groups and some of

them had moved beyond youth groups because of the existence of the Youth

Enterprise Development Fund to form small companies that can enable them to

do things for themselves hence should be informed of their rights in a

partnership.



Contribution she made on: The public Procurement and Disposal

(Amendment) Bill (second reading)

� She noted that the amendment had given life to Article 227 of the Constitution

because as a human rights defender his is one of the areas where they were

implementing the human rights based approach.

� She noted that the youth form the majority of the population of the country and

they are the ones who do not have access to resources and services in. That is

why the Constitution acknowledges that and in very many areas, tries to redress

this

� She requested the Attorney-General as the advisor of the Government to inform

the Government that it needs to pull up its socks because the youth and the

women were going to get their fair share.

� She noted that there were many principles put in the Constitution but many

people were erroneously saying that principles are not alive and that principles

cannot be put into effect. So, for any word to have gone into the Constitution

there was an import and a reason.

� She added that the Government must start to interrogate what social justice

means. It means inclusion of the youth, the marginalized and the women.

� She referred to Article 6(3) of the Constitution which says:- ‘‘The national State organs shall ensure reasonable access to its services in all parts of the Republic’’.

The equity and equality first goes regionally and then to categories of groupings.

� She noted that the initiative by Hon. Wamalwa was another testimony to the

great changes that the country was going to see because it means that every

time there is procurement in the country, 25 per cent must go to the youth. This

is one of the ways of dealing with the issue of youth unemployment.

� She added that she would move an amendment to include women because those

who agitated for the inclusion of this were thinking of the young people, women,

minorities and persons with disabilities.

� She noted that Article 227 says that; When a State organ or any other public

entity contracts for goods or services, it shall do so in accordance with a system

that is fair, equitable, transparent, competitive and cost-effective.”. Sub-Article

(2), talks about inclusion of categories of preference in the allocation of contracts

and the protection or advancement of persons, categories of persons or groups

previously disadvantaged by unfair competition or discrimination.

� She added that there must be mainstreaming in action in every Ministry.



Contribution she made on: The public procurement and Disposal

(Amendment) bill (second reading).

� She noted that the Constitution is very clear that as much as you may not

discriminate on the basis of age, you can put in place affirmative action

measures which take into account the marginalization of certain categories of

persons including the youth, women and persons with disabilities.

� She referred to Article 227(2) of the Constitution on procurement of public goods

and services which says:- “An Act of Parliament shall prescribe a framework

within which policies relating to procurement and asset disposal shall be

implemented and may provide for all or any of the following – (b) protection or

advancement of persons, categories of persons or groups previously

disadvantaged by unfair competition or discrimination.”



Contribution she made on: The Ratification of Treaties Bill (second reading)

� She moved that The Ratification of Treaties Bill, Bill No. 28 of 29th July, 2011, be

read a Second Time.

� She added that the Bill is for an Act of Parliament to provide for the ratification of

treaties and for connected purposes. Though not specifically indicated, it also

seeks to give better effect to Article 2(6) of the Constitution of Kenya that

provides:- “Treaties ratified by Kenya shall form part of the laws of Kenya.”

� She added that the bill also seeks to give effect to Article 94(1) of the Constitution that provides: - “The legislative authority of the Republic is derived

from the people and, at the national level, is vested in and exercised by

Parliament.”

� She added that it may also give effect to – but not in a strict sense – Article 2 (5)

of the Constitution that provides: “the general rules of international law shall

form part of the law of Kenya.”

� She noted the reason she said that it did not strictly refer to Article 2 (5) but may, in a way, affect is because the process of crystallization of general rules of

international law is very different from the way treaties or conventions crystallize

or become law.

� She added that Governments go through a deliberative effort of coming up with

treaties or conventions and one of the processes is through ratification of

treaties. This was one of the issues that was the main bone of contention during

the campaigns for the Constitution, where the “No team” was actually using

Article 2 (6) to oppose the Constitution because, in their view, they were saying

that if we leave the ratification of treaties, then we are taking away the mandate

of the people of Kenya through their representatives in Parliament to enact

legislation and pass legislation that Kenyans have looked into and Kenyans have

examined and Kenyans are satisfied with.



Contribution she made on: The Ratification of Treaties Bill (second reading).

� She noted that for a law to crystallize as a general rule of international rule, then it must have been a practice that has been adopted by several states over a

number of years and there would be near unanimity. Therefore, the issue of

ratification does not apply. If a country does not agree with a general rule of

international law, they can refuse by being a persistent objector.

� She noted that the arguments by the opponents to the Constitution in relation to

Article 2(6) were to the effect that the application of international law in Kenya

without the necessary legislative oversight by Parliament amounted effectively to

legislation by the Executive and yet by the new Constitution, there is a clear

provision for separation of powers.

� She noted that in the past, the ratification of treaties was the pure and absolute preserve of the Executive and the Legislature has not been involved in it.

Sovereignty as a concept is now becoming very fluid because the world is

becoming a global village. With a global village, no country is going to watch any

other country kill its own people, violate the rights of its own citizens and argue

that it is a sovereign State.

� She added that the treaties negotiated should be done through parliamentary

approval process much more in light of the fact that Kenya is becoming part of

several international and regional blocs with several bilateral and multi-lateral

treaties.

� She added that the risk of legislating on issues that might clash with the

Constitution was becoming real. The East African Treaty has always been sighted

as a case in point especially on the budgetary process.

� She noted that there has been argument that Kenya needs to amend its

Constitution to conform with the East African Treaty but the best approach is to

provide for ratification of treaties through Parliament so that Parliament and the

Executive is involved so that when they go out to ratify treaties, it will have the

blessings of the Kenyan people through Parliament. Through that process, it will

not be seen to be sneaking in legislation or provisions that are not attractive to

Kenyans.

� She indicated that there are many conventions that Kenya has ratified that are of

importance, both in the environmental field and in the human rights field, such

as the Convention on Bio-Diversity, the Vienna Convention on Treaties, the

Convention on the Rights of the Child, the Convention Against Torture and the

Convention on Elimination of all forms of discrimination Against Women.

� She noted that most of these conventions are very favourable because they

provide progressive rights, most of which are already mirrored in the

Constitution. The law, therefore, provides that as per the effective dates, the

treaties that were ratified will not necessarily come through this process but this

law will take effect now onwards.

� She noted that Part I is the preliminary and it gives a short title, interpretation

and application. Part II is the ratification of treaties and it covers approval by

Cabinet, consideration by Parliament and under Clause 6, approval for

ratification. Clause 7 is on ratification of the treaty and the granting of full

powers and provides for offences under this law for persons who may ratify the

treaty without Parliamentary approval.

� She added that under Part IV, it provides for the establishment of the Registry of

Treaties and also establishes the Office of the Registrar of Treaties who would be

a person who is conversant with international law and International Relations.

� She noted that Part IV is on general provisions and also says that the public shall be made aware of the treaties that will be ratified in compliance with the

Constitution that talks about public participation.

� She added that Clause 13 provides for reporting in compliance with the terms of

the treaties, denunciation of certain treaties and for general rules.

� She added that since the Bill came up, she had received several memoranda and

had several discussions with members of the public, with organized groups and

even with different Ministries including the Ministry of Foreign Affairs.

CONSIDERED RULING



Contribution she made on: The Constitution of Kenya (Amendment) Bill is

admissible for first reading.

� She appreciated the speaker’s ruling and noted that public participation is mentioned more than ten times. That mention is not accidental and public

participation is one of the four pillars ofa human rights based approach to

development and legislation.

� She noted that while dealing with a constitutional amendment, it must be very

clear because this was a negotiation between Kenyans and the sovereign. To

cede certain authority to the sovereign, people must be consulted yet again

when the sovereign wants to take it back from the people. The Constitution is a

complex thing and Kenyans want to address one issue and deal with it especially

after having gone through such a rigorous process

POINTS OF ORDER



Contribution she made on: Acid attack on Ms. Farida Rashid

� She asked for a Ministerial Statement from the Minister of State for Provincial

Administration and Internal Security regarding an incident on 24th October this

year at Sai Rock Hotel, Mombasa, where the Prime Minister was having a

stakeholders’ forum, where a lady known as Farida Rashid was leaving the

forum, acid was thrown at her by some youths.

� She requested the Minister to tell the House why arrests of those known youths had not taken place and why they were let to go scot free and whether the

incident was related to an earlier incident where bodyguards of a prominent local

Mombasa politician fired at demonstrators, killing one of them and whether the

investigations in that case had brought in anything.

� She also requested the Minister to confirm that Farida, at that forum, had asked

the Government to step up war against drugs.

� She added that the residents and the lady were worried that Mombasa has been

taken over by cartels, and asked him to tell the House whether he and the police

were ready to uphold the rights of the residents of Mombasa, and crack down on

drug peddlers.



Contribution she made on: Deliberations on Committee on Justice and Legal

Affairs by HBC.

� She noted that it was wrong for the Members to blame the clerks of Parliament

and noted that as a member of the House Business Committee, there is a power

game between the coalition partners; one partner withdrawing the Members and

a decision by the House Business Committee to reconstitute but the whips were

unable to agree on the names.

� She suggested that to resolve the problem, the two coalition partners ought to

each give and take because the stalemate was a power game.



Contribution she made on: Shooting of Ibrahim Ondego and Joseph

� She requested a Ministerial Statement from the Minister of State for Provincial

Administration and Internal Security with regard to the fatal shooting of Messrs.

Ibrahim Oketch Ondego and Joseph Nyaberi, who were shot on Wednesday, 23rd

November, 2011 in Kawangware, Nairobi. In the Statement, the Minister should;-

a) Confirm whether the deceased persons were executed by police officers on their

way to Gikomba Market, Nairobi, and whether their shooting was a case of

mistaken identity;

b) Confirm whether a car belonging to the Criminal Investigations Department

(CID) was seen at the scene of crime, and whether the officer was trying to

interfere with the scene.

c) Explain the action being taken by the Ministry to apprehend the culprits and compensate the bereaved family.



Contribution she made on: Measures to address political violence.

� She requested the Assistant Minister while he responding to the issue of growing violence as we move towards the general elections, if he could also clarify what

the Ministry had done in relation to supporters of ODM who were attacked in the

Ikolomani by-election and, to date, there is no information about what was done

to arrest the persons who attacked the ODM supporters in Ikolomani.

PRIME MINISTERIAL STATEMENTS



Contribution she made on: Kazi kwa Vijana I and II

� She congratulated the Prime Minister for a very comprehensive answer and

thanked him for personally responding to issues of the youth.

� She requested the Prime Minister to clarify that given that Kshs7 billion was

availed and has helped the youth benefit,

� She noted that there were issues raised in the first phase that needed to be corrected and requested the Prime Minister to confirm that under ineligible

expenditure number two, indeed, it had to do with monitoring and evaluation of

the project which will ensure better efficiency and more youth benefit.



Contribution she made on: The recent cabinet appointments

� She noted that the statement from the Prime Minister had clearly indicated that

the decision to reinstate the Minister for Foreign Affairs was an issue that was

consulted on widely among the two principals and it was on agreement.

� She requested the Prime Minister, as the principal present in the House to speak

on his own behalf and tell the House how the two principals would ensure that

the issue of corruption was not muddled in political games and warfare in a way

that is helping those who are forming alliances to do away with those who they

think should not be in those alliances, especially those who were using this issue

of corruption to intimidate and silence critics of the other side.



Contribution she made on: Current and projected weather patterns/rains in

the country.

� She thanked the Prime Minister for addressing the issue of climate change and

the way it is affecting lives.

� She noted that areas that were hitherto not affected are getting heavily affected by floods.

� She sought to find out the measures were in place to ensure that the persons,

especially in Ogando, Lambwe Valley who were affected are helped.

MINISTERIAL STATEMENTS



Contribution she made on: Distribution of aflatoxin-contaminated Unimix

food.

� She responded to the allegations that between 60,000 and 100,000 Kenyan children from certain parts of Eastern Province, Coast Province and almost the

entire Northern Kenya region stand a great risk of being affected by bad maize

that had been given to them by a company known as Proctor & Allan in the form

of a product known as Unimix, which is said to be exposing the children to

aflotoxin.

� She added that her Ministry conducted a survey on safety of maize in the

country, from 25th to

� 30th April, 2010 and gave inter-Ministerial recommendations for prevention of

aflatoxin in the country. The recommendations included procurement of moisture

meters and mobile driers by the Ministry of Agriculture; replacement of

contaminated maize with safe maize by the Ministry of State for Special

Programmes; rapid testing for active aflotoxin; search in the vulnerable

communities by my Ministry; and fast-tracking of the implementation of

warehouses receipt system to encourage farmers to store their produce in

National Cereals and Produce Board (NCPB) stores.

� She added that her Ministry was notified by M/s Proctor & Allan vide a letter dated 6th October, 2011, that three batches of Unimix food products, which Red

Cross Society had bought from them and distributed to hunger stricken Kenyans

were later confirmed by Kenya Bureau of Standards (KEBS) as having high levels

of aflatoxin.

� She added that on getting this information, the Ministry moved fast and put

measures in place in order to prevent dangers caused by aflatoxin exposure and

immediately issued an alert through telephone calls to public health officers

countrywide to immediately scale up surveillance on Unimix products from Batch

Nos.236.011.1, 236.011.2 and 237.011.1.

� She added that the Ministry had since seized all Unimix products recalled by the

Kenya Red Cross Society and stored in their warehouses amounting to 183

metric tonnes.

� She added that the Ministry had issued a public health alert to all health workers in the affected regions, detailing the signs and symptoms of acute exposure to

aflatoxin poisoning. The Ministry had written to all agencies dealing with cereals

and grains that were condemned to destroy them in accordance with the court

orders

� She reported that their investigations revealed that the maize for Unifi production

at M/s Proctor & Allan had been tested by M/s SGS and M/s Pillion Services

Laboratories and found to have acceptable levels of aflatoxin of 1.0 and 5.0,

respectively, out of the maximum 10 ppt.

� She added that routine sampling by the Kenya Red Cross was carried out during

distribution to the targeted regions and the samples were analysed by KeBS and

SGS laboratories. The KeBS sampled the products on 25th August, 2011 and

submitted the results to the Kenya Red Cross on 23rd September, 2011.

� She added that Kenya Red Cross (KRC) did not share the results with Proctor and Allan or her Ministry. It is Proctor and Allan who notified the Ministry of the

existence of the contaminated batches when they got their results on 12th

October, 2011. That means there was a lapse of three weeks or almost a whole

month when the contaminated maize would have been withdrawn had the KRC

informed the Ministry or the supplier immediately.

� She added that the Ministry, in collaboration with the KRC society and manufacturers, were still recalling the consignment which was distributed

irrespective of whether it was suspected to be contaminated or not.The KRC

distributed the unimix to the schools at the Coast, lower Eastern, upper Eastern,

North Eastern and North Rift regions. A total of 726 schools with a population of

274,375 pupils had received the Unimix.

� She added that the companies mentioned to have tested had different

certificates to that of Proctor and Allan. Therefore, for them, it was clear that the

maize was clean. They did not keep it after milling and was distributed

immediately because it was needed. When it was given out, that is when further

tests were done.

� She clarified that the maize was purchased from Bomet and Narok district and

not from outside and the Ministry was trying to have the contaminated maize

destroyed for the last three years, but it had not been destroyed.

� She added that the doctors in the field were alerted and, so far, they had not seen any symptoms from the areas they visited. If anything comes up, the

companies had confirmed that they were willing to have the children treated.

� She added that the Ministry was making a surveillance of children in the areas

where the food was distributed in order to address any long term medical

complications.

� She added that the different agencies had different responsibilities and

modalities were being worked on by all those agencies to destroy it in a manner

that is safe for the environment.

� She urged Kenyans to be vigilant and should immediately alert the Ministry of

any maize that is not properly dried, instead of going ahead and consuming it.

� She added that the Ministry had not detected any cases and the medical staff

were on the ground and would be open about it.



Contribution she made on: Acid attack on Mrs. Farida Rashid

� She noted that there were two assaults on that particular day when the Prime

Minister was holding a consultative forum with stakeholders in Mombasa at the

Sai Rock Hotel. Farida, in the company of others raised the issue of the need to

fight drug use and drug cartels in Mombasa. She added that Farida clearly stated

that she was pointed out and accosted by youth in the company of Ali Joho.

� She noted that the statement did not mention Ali Joho at all and requested the

Assistant Minister to clearly states whether a statement was taken from Ali Joho

who is one of the suspects, according to Farida.

� She asked the Assistant Minister for Provincial Administration and Internal

Security if he was also aware that before the assault on Farida the same group

led by Ali Joho had assaulted a Mr. Farouk in the presence of the PPO, the

Provincial Administration and almost quite a number of police officers and

nobody assisted him.

� She sought to find out if the Assistant Minister and the Government were sincere

in fighting the drug menace, in protecting the lives of Kenyans and in combating

crime.



Contribution she made on: Impending strike by staff in public Universities.

� She informed the House that in 2003, the Government allowed university

academic, middle level management and non-teaching staff in public universities

to join trade unions for purposes of negotiations of their terms and conditions of

service with the public university councils. Two unions were, thereafter,

established and registered. They are the University Academic Staff Union (UASU)

and the Universities Non-Teaching Staff Union (UNTESU).

� She added that before then, there was already a union representing the support staff called “The Kenya Union of Domestic Hotels, Educational Institutions,

Hospitals and Allied Workers”.

� She added that in the meantime, in 2003, in order to negotiate as one, the public

university councils, as employers, formed the Inter- Public University Councils

Consultative Forum (IPUCCF) as an affiliate of the Federation of Kenya

Employees (FKE) and entered into collective bargaining agreement with the three

unions.

� She added that the negotiations for the current cycle, which the issue of the impending strike touches on - the 2010/2011 and 2011/2012 cycles - between

the forum and the three unions actually started and stalled. The forum sought

time off to consult with the relevant Government organs on negotiation

guidelines, especially on the maximum levels to offer to the unions.

� She added that on 16th April, 2010, the Deputy Prime Minister and Minister for

Finance through Treasury Circular No.5 of 2010 on Guidelines for Preparation of

2010/2011 and 2011/2013 Medium-Term Expenditure Framework Budget, froze

new wage negotiations in the public sector.

� She added that on 13th February, 2011, the then Minister for Higher Education, Science and Technology wrote to the Deputy Prime Minister and Minister for

Finance forwarding a draft Cabinet Memorandum on Collective Bargaining

Agreements (CBAs) between public universities and the trade unions seeking

Cabinet’s authority for the resumption of the stalled negotiations.

� She added that on 25th May, 2011, in a Circular Ref.OP/CAP2/23A on

Determination of the Review of Remuneration in Public Service, the Head of

Public Service and Secretary to the Cabinet directed the Salaries and

Remuneration Commission to determine and advise on setting or review of

salaries and allowances. The circular further said that such salary reviews would,

therefore, have to wait until the commission had been operationalized through

an Act of Parliament

� She added that on October 13th 2011, she had a meeting with the Academic Staff

Union (UASU), and in a letter written to her on 17th October, 2011, questioned

the validity of the circular from the Head of Public Service. They, therefore,

sought to jumpstart the stalled negotiations with the Forum.

� She reported that following consultations that she undertook with the Ministry and between the Ministry and the Head of the Public Service and the Attorney-

General, both the universities and the unions were on 2nd November 2011

advised to resume the stalled negotiations. It was noted that in the absence of

the Salaries and Remunerations Commission, which had not been constituted,

normal industrial relations would be subject to the Labour Relations Act of 2007.

� She noted that the unions could be reluctant to attend the negotiation meeting in

Kisumu and immediately held consultations with Vice-Chancellors and, thereafter,

they formally invited the unions for further consultations.

� She noted that one of the grounds, which was very important for Members and

the public to know, was the item that the salary restructuring and harmonization

could only be deliberated on and negotiated by the Ministry of State for Public

Service and not by their colleagues in the universities as councils depend on the

Exchequer.

� She added that her Ministry was doing the best they could to make sure that

they avert the strike.




� She asked the Minister for Higher Education if there was any entry point that she could find to engage the university lecturers in serious and meaningful dialogue

� She noted that through meaningful dialogue the lecturers could see commitment

from the Government and therefore, avert the national strike.




� She requested the Minister to clarify the difficulties the Government had in

paying lecturers because through the parallel system the lecturers were bringing

a lot of money but were being extremely underpaid.

� She suggested that they could be paid straight from the parallel system money

instead of forcing them to go on strike.



Contribution she made on: Impending university staff strike

� She noted that there was a problem with that kind of a strike because there was

no room given for dialogue.

� She responded that the universities must not always go on strike to be heard but

the nature of unions is such that they negotiate their terms and salaries. So, the

process is a normal one but it should never boil down to going for a strike.

� She added that the most recent stalling occurred because of a circular that came

from the Head of Civil Service, who had informed the Ministry that because of

the new Commission on Salaries and Remuneration being put in place, there was

going to be a freeze on any other negotiations. It was agreed that they allow

negotiations to begin.

� She added that they therefore expected university councils to initiate the process of negotiating the terms and salaries that had stalled. The universities responded

very positively and had an inter-council forum for public universities. They went

to Kisumu where negotiations were supposed to begin the previous day but the

unions did not appear there.

� She added that the negotiation was not with the Ministry, but between the university councils and the unions. As far as the Ministry was concerned, the

councils had shown goodwill it is just that the unions did not take the

opportunity seriously and go for the negotiations.

� She added that the unions had stated that they would like to discuss with the Ministry of Planning, National Development and Vision 2030, they were back to

the letter from Amb. Muthaura which stated that the negotiations should be done

by the Commission on Salaries and Remuneration, which is under the Ministry of

Planning, National Development and Vision 2030.

� She noted that part of the funds from the parallel degree program go back to

develop the institutions. About 30 per cent is used to pay the lecturers over and

above their normal salaries but 70 per cent of the money collected is used partly

to supplement the other original salary because the capitation was not enough.

� She appealed to the universities and the unions that the only way they could broker a deadlock was through dialogue and added that it was wrong for the

unions to avoid going to the round table and claim that nobody had allowed

them to discuss.

� She appealed to the Union and university lecturers that at stake were all the students. Some students pay. There are parallel and privately sponsored

students within the same institutions who should be disadvantaged because of

an issue that can be resolved.

� She added that according to FKE, this was an illegal strike because there was no stalemate in the negotiation itself. According to the law, people cannot go on

strike unless they have had a stalemate in the negotiation but in this case there

were no negotiations.

� She added that the country takes professors seriously hence for that reason, in 2003; they were allowed to form their own union. It is out of the union that the

current salaries are on and all employees of the universities actually have their

separate unions for purposes of negotiating.

� She added that the Ministry was preparing itself to serve the increasing institutions by increasing members of staff and increasing institutions.

� She clarified that everybody was affected by the depreciating shilling and that the strike had to do with negotiations that stalled in 2009 which were being

jump-started irrespective of whether the shilling misbehaves or behaves.

� She appealed to the Members to talk to the professors and lecturers because the

country could not afford to close the universities even for a week because of the

programmes going on and the way they were synchronized them.



Contribution she made on: Impending university staff strike

� She asked the Minister to clarify whether the country takes members of the

academia seriously and if they recognize the efforts that go into becoming a

university professor.

� She asked if they were remunerated in line with their effort that they put to be in

the positions that they do.

� She added that it was very sad that some professors were hardly able to even

feed their own families.



Contribution she made on: Allegations against Hon. Mwau by former US

Ambassador

� She noted that the Assistant Minister for Provincial Administration and Internal

Security had given a very exhaustive statement, except in for not stating

whether any culprits had been arrested for drug trafficking.

� She noted that drugs were ruining the lives of many and asked the Assistant

Minister whether any of the accused in criminal case No.3165 of 2004 had any

relationship, whether through employment, affinity or consanguinity, with any

Member of Parliament.

� She asked the Minister to state if the police while investigating parliamentarians

in order clear them, they were also investigating who the drug traffickers are.



Contribution she made on: Insecurity during Gor Mahia/AFC soccer match

� She requested the Assistant Minister for Provincial Administration and Internal

Security to consider having a long lasting relationship where his officers who go

to man matches are trained specifically on how to deal with hooliganism because

the same police officers who deal with criminal matters on the streets, who are

sent to deal with football matches sometimes could be the cause of more tension

because of the way they react

� She asked the Minister if the Ministry could train police officers to man sport

areas.



Contribution she made on: Stray wild animals from Ruma National Park.

She asked for a Ministerial Statement from the Minister for Forestry and Wildlife to

answer the following questions:-

a) If the Minister was aware that wild animals had escaped from Ruma National

Park and were posing a threat to human life. Buffalos were sighted at Kipasi and

Rapora area that afternoon.

b) What was the Government doing to immediately recapture the animals and to

ensure the people of Lambwe were secure.

c) What the Government was doing to hasten providing electric fencing to deal

permanently with the issue.



Contribution she made on: Insecurity in Rift Valley region.

� She requested the Assistant Minister for Provincial Administration and Internal

Security to clarify that these were incidents of thuggery. There is no issue of

ethnic tension involved and thugs, particularly the case of Sotik, are thugs and

not a question of which tribe they are coming from.



Contribution she made on: Insecurity in Rift Valley region

� She noted that the Assistant Minister had said that residents in the area were not willing to co-operate with the police to give information and requested him to

state why residents in an area where there is insecurity would not trust the

police.

� She asked him to clarify whether the police were part of the problem in terms of

the way they have treated the residents of these areas when crimes are

committed.



Contribution she made on: House Business for the week commencing 28th

November, 2011

� She requested the Assistant Minister, Ministry of State for Provincial

Administration and Internal Security to clarify, from the Bills that he had

indicated, she did not see any of the Bills that are in the Fifth Schedule of the

Constitution, especially the ones that have one year to 19 months time frame.

� She noted that the House not t fall into the trap of rushing things while there is time and asked when he intended to schedule the Bills so that the Members can

start working on them before the House goes on recess.


Member of Parliament: Hon. Wavinya Ndeti

Contribution she made on: Nomination of IAAF female athlete of the year

� She responded that the IAAF World Athlete of the Year Award takes place every

year to recognize and reward excellence by the athletes in the season under

consideration. The season begins in November and ends in October the following

year.

� She added that the IAAF shortlists outstanding athletes of the season and gives their names out for voting. Voting is done by selected athletics public bodies by

sending in their choices of outstanding athletes. The voters are IAAF and IAF

council members and IAAF member federations, IAAF committee and

commission members, IAAF meeting directors, IAAF ambassadors, athletes’

representatives, top athletes, international Press and IAA staff.

� She added that further eliminations are done in three rounds of voting. The best

10 athletes in each category are put to the final voting and the international

community votes for them. The voting ends on the night preceding the Gala

Night in Monte Carlo, Monaco, Headquarters of the IAAF where the final verdict

is given.

� She clarified that the selection of the athletes goes beyond performance and also

looks into the outstanding personality of the athletes, media friendliness and

etcetera. Because of this, sponsors also lobby behind the scenes and push for

their athletes.

� She added that the decision finally arrived at is final and cannot be petitioned. This year, the female category was won by Sally Pearson of Australia in the 100

metres hurdle race. During the season, she won 10 out of 11 competitions. She

won the events at the World Athletics Champions in Daegu, South Korea, with a

time of 12.28 seconds which was the fourth fastest time ever in the event.

� She added that Kenya’s closets athlete to this title was Vivian Cheruiyot who won the Senior Women 8 kilometres event in the World Cross Country Championship

in Punta Umbria, Spain. She also won the 5,000 metres and 10,000 metres race

at the world championship in Daegu.

� She added that after the rigorous selection process given above, the IAAF council reached the final verdict and made the announcement during the world athletes

of the Year Gala in Monaco.

� She agreed that it would appear that Vivian Cheruiyot’s performance was more

impressive than that of the final winner Sally Pearson. However, the decision is

final.

� She urged Kenyans to get into the habit of voting whenever the opportunity to vote for our people presents itself at the international forum. This would make a

significant change in the outcome of this contest in the future.

� She noted that what went wrong is that Kenyans are not involving themselves in

voting internationally, when some of these things come up.

� She requested every Kenyan to be alert and as a Ministry they should sensitize Kenyans that when something like that comes up, they should put their efforts

together and try to vote for our own to win.

PERSONAL STATEMENT



Contribution she made on: Disparaging remarks about Hon (Mrs) Mugo by

Members.

� She requested to make a Personal Statement regarding very harsh, false and

misleading sentiments that were uttered the day before on the Floor of the

House by some hon. Members, led by the Member for Ikolomani, Hon. Khalwale.

� She quoted:-“Mrs. Beth Mugo has been in the House and deliberately dogged answering this question; not her nor the Assistant Minister. They have gone

away because they do not care. This is because to them, a few poor people

dying is good riddance”.

� She stated that the Statement sought was not due until the afternoon of the

previous days as evident from the HANSARD on Thursday 27th October, 2011. It

was, therefore, misleading to insinuate that her Ministry or the Government had

failed because as directed, she was in the House in the afternoon ready with the

statement.

� She added that she was in the House the previous day’s morning but went out at

11.00 a.m. to attend a meeting of the Constitutional Implementation Oversight

Committee (CIOC) which was meeting to determine or to finalize the Report

which we were doing. Indeed, she was all along ready to issue the Ministerial

Statement but its allocated time was not due in the morning. This also emerged

to be the position during yesterday afternoon’s session when she was still ready

with the Statement but the Prime Minister’s session took long prompting the

issuance of the Statement to be rescheduled to that day.

� She added that for the Nation and Standard newspapers to have gone ahead and carried a misleading story even after she clarified the correct position as per the

HANSARD was wrong and malicious and requested the Chair to caution the

publishers and also to ask for an apology from the two media houses.

� She noted that the insinuation that she did not care was false because her Ministry was fighting for safety of food in Kenya for Kenyans and especially

aflatoxin speaks for itself. Kenyans will recall that when aflatoxin contaminated

maize was first imported into the country sometime back, she ordered that the

maize be shipped back to the country of origin and personally travelled to

Mombasa with her officers to ensure the order was complied with.

� She added that her unwavering fight against harmful GMOs was also a matter of

public knowledge.

� She noted that insinuations that she did not care about Kenyans were insulting and intended at painting her character as a disreputable Government Minister

and leader. In light of all these, it is important that the concerned Member be

made to withdraw and apologize and that the contribution and similar ones by

other Members be expunged from the records of the House.

� She added that Members should not be allowed to scandalize others in the

pretext of keeping the Government on its toes. They should not be allowed to

mislead the Chair in full glare of national media because when the truth has been

established, the damage will already have been done and Kenyans will already

have been misled.

� She noted that it was also important that the Chair is vigilant to this

unacceptable trend and added that the Deputy Speaker also went ahead to even

add more damage when he continued to malign her instead of informing the

hon. Members what the HANSARD contained on the order that she was to give

the Statement later in the afternoon.

november 2011 hansard questions - kewopa

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