november 2010 hansard - kewopa

NOVEMBER 2010 HANSARD

QUESTIONS

Date: 2nd November 2010

Member of Parliament: Hon. Amina Abdalla

Contribution she made: Appointment of Kenya Medical Laboratory Technicians Board

� She asked the Minister to explain the measures he had taken to communicate back to the

professional organizations now that he had appointed some members elected by those

organizations.


Member of Parliament: Hon. Charity Ngilu

Contribution she made: Expansion of Meru Sewerage system

� She said that Tigania East Constituency had been allocated funds during the last eight years

to the tune of Kshs43 million---

� She said that North Imenti Constituency had been allocated funds during the last eight years

to the tune of Kshs43.9 million.

� She said that out of the total Kshs37.5 million had been allocated for water supply projects

and Kshs6.4 million was allocated to irrigation projects---

� She said that in the current Financial Year, (2010/2011), the Ministry of Water and Irrigation

would undertake a detailed design and the costing of Meru sewerage systems.

� She said that the funds for implementation would be sourced from development partners

once the plans are ready.

� She said that the negotiations with the partners were expected to start next financial year after

finalizing the plans.

� She said that she was aware that the upper town of Meru, was not connected to the existing

sewerage system.

� She said that Makutano would be connected to the sewerage system once the proposed

expansion of Meru sewerage system is implemented.

� She said that as earlier promised, she had looked for strategic development partners to

support the project.

� She added that the preliminary draft however showed that it required over Kshs750 million.

� She said that the development partner approached was the African Development Bank

(ADB).

� She said that since the African Development Bank could not give to a tune of Kshs750

million, the Ministry of Water and Irrigation had decided to get Maua sewerage system done

and then get other development partners to do Makutano.

� She said that where there is no sewerage, development is very slow and the outbreak of

diseases is rampant.

� She assured the house that the Ministry of Water and Irrigation was in the process of looking

for and engaging development partners and it looks like we will be able to get people who

will respond to support the construction of proper sewerage systems.



Contribution she made: Construction of Maragua dam

� She said that she was aware that on 28th July, 2009 Athi Water Services Board advertised for

the expression of interest for the design and building of Maragua Dam, whose site is

downstream of Maragua and Gikigii rivers confluence.

� She said that when constructed, the Maragua Dam reservoir is expected to cover an estimated

area of four kilometres square.

� She explained that the Ministry would however engage a consultant to undertake aerial

surveys for the proposed dam area.

� She said that on completion of this survey, it will be possible to map and identify the number

of farmers whose land will be affected by construction of the dam.

� She said that once the farmers affected by the dam are identified, they will be compensated in

line with the law.

� She said that in line with the vision 2030, the Ministry of Water and Irrigation was looking at

areas where Nairobi would get adequate water.

� She explained that water being used in Nairobi comes from the mountains and that water that

comes down with gravity is cheaper and affordable.

� She said that sometimes, residents of the areas from where water comes from do not get

enough water.

� She said that there are laws which govern how people are compensated thus no person will

be compensated much more than what has been set out.

� She said that Ndakaini Dam was completed long time ago and has been providing water to

the people of Nairobi and its environs.

� She said that another big dam called Delta Dam would be constructed and will give water to

the people in Ndakaini.


Member of Parliament: Hon. Martha Karua

Contribution she made: Statistics of IDP Camps

� She asked the Minister of State for Special Programmes to state the number and location

of Internally Displaced Persons (IDPs) still in the camps; and what she is doing about

their resettlement.

DATE: 3 rd Nov 2010


Contribution she made on: Tender for Construction of Borehole in Katumba

� She said that the tender for the construction of Katumba Borehole in Bangale Location

was advertised in the Daily Nation and The Standard on 12th March, 2010.

� She said that bids were submitted and evaluated, but after having a non-responsive bidder,

the tender was re-advertised on 25th June, 2010.

� She said that bids were re-submitted and evaluated, and the responsive bidder awarded the

tender.

� She said that the tender was awarded to the responsive bidder, M/s Atesian K. Limited

of P.O. Box 126190 – 400, Nairobi on 5th October, 2010.

� She said the scope of works in the contract is to carry out hydrological surveys and drill

boreholes to a maximum depth of 280 metres.

� She said the total sum of the contract, which includes other four boreholes in Kaloleni,

Kilifi, Malindi, Tana Delta and Tana River, is Kshs10, 775,730.

� She said the contractor was on the ground, and had completed the hydro-geological surveys.

� She said that the work was expected to be completed by December 2010

� She said that the Ministry of Water and Irrigation was trying to do capacity building of local

contractors, including connecting them with some of the local financial institutions

� She said that the Ministry of Water and Irrigation had signed a contract with the Japanese

Government to receive a master plan of where water is in this country.

� She said that the cost of Kshs10 million was for drilling five boreholes and that there was no

component to cater for equipping the boreholes.

� She said that the money for equipping would be set aside.

DATE: 3 rd Nov 2010


Contribution she made on: Money Allocated to Kazi Kwa Vijana Programme through Tan

Athi Water Board

� She said that the total amount that was allocated for the Kazi Kwa Vijana Programme and

channeled through Tan Athi Water Services Board was Kshs118, 100,000.

� She said that the money was disbursed in two phases-an amount of Kshs62, 700 was

disbursed in April, 2009 while Kshs55, 400 was disbursed in November, 2009.

� She said that she had provided details of the projects undertaken stating their locations,

scopes of work and costs in Annex 1, which she have given to honorable Nyamai.

� She said that she was aware that Nzambani is in Mutito and cannot be in Machakos.

� She said that she did not know whether there is a place called Nzambani in Machakos Town.

� She said that she thought that, that project had been completed.

DATE: 3 rd Nov 2010 Member of Parliament: Hon. Martha Karua

Contribution she made on: Recruitment of MD for KEBS

� She said that the Minister for Industrialization should have appointed on the advice of the

Council.

� She said that the Minister had acted in contravention of Section 5(1) because there was no

council to advice.

� She asked the Minister for Industrialization to tell the House why he did not ask the council

to repeat the exercise.

� She asked the Minister for Industrialization to provide the letter from the chairman of the

board plus the minutes of the Board and any correspondence in his hands by his Permanent

Secretary?

DATE: 4 th Nov 2010


Contribution she made on: Details of People Vetted for Issuance of IDS in Nanighi

� She said that it is the duty of his Ministry to issue ID cards.

� She asked that the application had been made over six months ago.

� She asked the Minister of State for Immigration and Registration of Persons to inform the

house when the process would be completed so that the people would get their IDs or be

told the reasons why they could not get them

DATE: 4 th Nov 2010

Member of Parliament: Hon. Millie Odhiambo

Contribution she made on: Safety Measures in Marine Transport � She requested for a Ministerial Statement from the Ministry of Transport.

� She asked the Minister for Transport to include in his statement the necessary information

following the tragedy in Lake Victoria where several people lost their lives.

� She asked the Minister to give the necessary safety and security measures in marine

transport in Kenya with specific reference to Lake Victoria.

� She asked him to explain the functional mechanisms the Ministry had put in place to ensure

that rescue efforts are well coordinated just in case of an accident because there was

absolutely no rescue mechanism in place.

� She said the victims of any incident would have to wait for rescue teams from Mombasa.

� She asked the Minister for Transport to give an account of the accidents that have taken

place in Lake Victoria in the last two years.

� She asked him to explain whether there is a body specifically established by the Ministry to

ensure proper standards, quality and regular inspection of marine vessels used for either

transport of persons or goods - just like the motor vehicle inspection unit – including the

provision of life jackets.

� She asked him to explain what he had done to ensure that there is a 24-hour patrol boat in

the lake to provide security and help to sound alarm just in case of an emergency

� She asked the Minister to give an account of the number of people who perished while

they were travelling from Sena, Mfangano Island, to Mbita Point .

DATE: 4 th Nov 2010


Contribution she made on: Invasion of Veterinary Laboratory Sports Club Land

� She asked the Assistant Minister for State Provincial Administration and Internal Security if

when granted more time he will include names of the purported allotees who have grabbed

land belonging to the Veterinary Department.

� She asked the Assistant Minister for State Provincial Administration and Internal Security to

assure the House that the police would not selectively terrorize and arrest workers at the club

and that none of the grabbers would be allowed to go back to the land pending the Ministerial

Statement.

DATE: 4 th Nov 2010

Member of Parliament: Hon. Rachel Shebesh

Contribution she made on: Non-Admission of Victorine Adhiambo Ouko to RTS � She asked the Assistant Minister of State for Defense to confirm that if they found that the

ID card was not fake, they will compensate the girl and also take the Assistant Minister to

court

DATE: 4 th Nov 2010


Contribution she made on: Non-Admission of Victorine Adhiambo Ouko to RTS

� She asked the Assistant Minister of State for Defense to confirm to the House that the

recruitment system is so flawed and that, the Ministry had no basis of telling the house that

they had the capacity to confirm whether or not documents are valid.

� She said that it is not only unconstitutional but immoral and backward to ask a woman to

give her sexual history.

� She said that it was not possible to have a situation where women, who are minority, in the

Military removed on a flimsy and flawed process

DATE: 4 th Nov 2010


Contribution she made on: Loss of High Court Files HCCC 1909/09/HCCC1416/95

� She said that this was a clear case of subversion of the cause of justice.

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

to explain what action he was taking against the officers who delayed the investigations for

three years and against any land official who may have been involved in the subdivision and

transfer of the land.

DATE: 10th Nov 2010

Member of Parliament: Hon. Peris Chepchumba

Contribution she made on: Ownership of Lottery Toto 6/49

� She asked the Vice-President and Minister for Home Affairs:-

a) To give the names of the local and foreign investors who own lottery Toto 6/49, when the

business was registered and under which trade license are they were operating.

b) How much money the lottery generated per week

c) How much the lottery had generated since inception

d) What steps the Government was taking to ensure the company’s game conforms to the

international best standards and statutory requirements?

e) To state how much the lottery had donated to charity through Corporate Social

Responsibility (CSR) and table a list of names of institutions which have benefitted,

f) Why those institutions had not been published in the media as a legal requirement

DATE: 10th Nov 2010


Contribution she made on: Declaration of Personal Interest in Accordance with Standing Orders

� She asked the speaker to deal with the fact that currently, Members of the Executive were

Members of this House; meaning that parliamentary privileges were being contravened,

� She asked the speaker to deal with those honorable Members who do not declare interest,

and who take outside the House, matters which are already being discussed by Committees

of the House.

DATE: 10th Nov 2010

Member of Parliament: Hon. Dr. Joyce Laboso

Contribution she made on: Occupation of Chesinende Plot by Mr. Cheborge Ng’eno � She asked the Minister for Lands to explain under what circumstances Mr. Cheborge A.

Ng’eno was occupying Plot No.51 in Chesinende Scheme, while the title holder, Mr. Kibet

A. Turgut, is landless.

� She asked the Minister for Lands to explain what the Ministry is doing to ensure that Mr.

Turgut regains his property.

� She said that the answer given by the Minister was unsatisfactory and continued to explain

that the man in question owned a title deed yet he had suffered for 36 years trying to pursue

occupation of his land.

DATE: 11th Nov 2010

Member of Parliament: Hon. Wavinya Ndeti

Contribution she made on: Measures to address Unemployment among Youth in Gatundu � She said that she was aware that Gatundu North Constituency, just like many other

constituencies in the country, has thousands of youths who are unskilled and unemployed.

� She said that the Ministry of Sports and Youth Affairs had taken appropriate measures to

curb the problem in Gatundu North Constituency.

� She said that the Ministry had opened four youth polytechnics and equipped them.

� She explained that the polytechnics were offering vocational and technical courses.

� She said that the Ministry had also started the process of rehabilitating two other youth

polytechnics for the same purpose.

� She said that the Ministry disbursed Kshs1, 815,000 through Youth Enterprise Development

Fund (YEDF) for starting youth owned enterprises.

� She said that a further Kshs2.5 million had been allocated to the constituency and an extra

Kshs5.4 million to put up a youth empowerment centre in the constituency in the 2010/2011

Financial Year.

� She said that the Ministry had also engaged the youth through implementation of the “trees

for job” component of the Kazi Kwa Vijana Programme.

� She said that an amount of Kshs1.4 million had been allocated this year for planting

trees.

� She said that the Ministry had also carried out intensive training in entrepreneurship to

equip the youth with knowledge, skills and attitude towards starting and running their own

businesses.

� She said that the Ministry had started a campaign across the constituency to educate the

youth on the dangers of idleness and the importance of upholding work ethics.

� She said that the Ministry had embarked on a programme to put up an empowerment

centre.

� She said that a sum of Kshs5.4 million had been allocated.

� She gave the names of the polytechnics established as; Mang’u Youth Polytechnic, Kairi

Youth Polytechnic, Gitwamba Youth Polytechnic and Bimbi Youth Polytechnic.

� She said the other two being rehabilitated as Gakoi Youth Polytechnic and Kamunyaka

Youth Polytechnic.

� She said that the youth polytechnics have been set up all over the country and were no

longer referred to as village polytechnics.

� She said that once a student finishes the youth polytechnic course, he can join a technical

university for a degree course.

� She said that there are about 700 trainers employed by the Ministry of Youth Affairs and

� Sports and that the Ministry was embarking on recruiting more.

DATE: 11th Nov 2010


Contribution she made on: Invasion of Veterinary Laboratory Sports Club Land � She said that there is a collective responsibility in the Government.

� She said that half of the Ministerial Statements sought related to the status of the land in

question which is Government land.

� She said that the companies and names of the persons who have grabbed that land are there

and that three of them were said to be sitting Cabinet Ministers.

� She asked the speaker what sanctions he would give the Minister of State for Provincial

� Administration and Internal Security since he had earlier been informed by the Chair that

the Statement was urgent.

� She said that there was, no reason why he was not present other than trying to deny

Parliament and the public information.

� She asked whether it was in order for the Minister for Lands to give half of the Statement.

� She said that there were powerful individuals being protected thus the absenteeism of of

some Ministers.

DATE: 16th Nov 2010


Contribution she made on: Adoption of Report on Allegations of Mismanagement of

Harambee Sacco

� She supported the Committee’s Report with a few reservations which she mentioned.

� She said that she had asked three questions in Parliament; in relation to the discussion one

directed to the Attorney-General, one to the Minister in charge of internal security and

another to the Minister for Cooperative Development and Marketing.

� She said that all the questions were relating to issues surrounding Harambee SACCO.

� She said that It was a Question to the Attorney-General and the police that caused the matter

to be referred to the Committee.

� She said that the Minister was helpful but we are still waiting for the regulator to sort out the

problems of the SACCO.

� She said that the Committee had also been helpful but that there was the limitation that a

Parliamentary Committee cannot play the role of the investigators of crime. � She said that the questions she had earlier raised in the house were neither about the

Minister for Co-operative Development and Marketing nor about shares being bought by

the cooperative.

� She said that the Committee and the Attorney General had both admitted that there were

problems within the SACCO.

� She said that the Attorney-General was stronger than the Committee and admitted that

there is rot within the SACCO.

� She said that it is time the Government, through the Minister for Co-operative

Development and Marketing and the regulator entered this giant SACCO to streamline its

operations.

� She said that the fact that documents that can unearth the truth can get lost is in itself an

indictment on the SACCO management.

� She said that the SACCO collects over Kshs500 million a month but highlighted that the

fact that it has a surplus of Kshs3.5 billion is not necessarily a pointer to good management.

� She said that once membership of an organization raises issues, those issues should be

attended to with reasonable dispatch to rest them.

� She said that it was her hope that the Minister and Government would liaise with the Kenya

Anti-Corruption Commission (KACC), so as to speedily do the forensic audit to bring the

matter to a closure.

� She asked that how can the largest SACCO not only in Kenya but in Africa, have unfinished

business for the last one decade?

� She said that this was an indictment on the leadership, our institutions and investigation

agencies.

� She said that the Mwaliko Report also raises issues that need to be attended to both in our

law and practice.

� She explained that it is not proper that a co-operative society under investigation pay any

sort of allowance to the people investigating is it compromises the investigation.

� She said that if it has to pay at all, that money should be paid to another entity or the

Ministry to be able to defray those expenses. � She said that longevity is not synonymous with doing bad, but, perhaps it is time to limit the

terms of office of the top SACCO leadership so as to bring down the possibility of people

perpetuating bad practice and getting disgruntled because the leadership has taken too long.

� She explained that the Report also brings to fore the need for to move with speed to have the

police reforms complete, so that the police are able to go about their business.

� She said that if the investigations were proper, Questions would not be raised in Parliament.

� She said that there is also need for reforms in the Judiciary as the government would not be

having a case against the management pending. � She said that the point of divergence with the Committee is that it cannot conclude that only

Kshs4 million is lost when documents are missing and before the forensic audit.

� She asked whether the forensic audit could be complete so that the giant SACCO is

allowed to get on with its life

� She urged that the KACC concludes the matter and the Minister for Cooperative

Development and Marketing ensures that the regulator steps into the SACCO and also goes

to other SACCOs, not necessarily to investigate them, but to build capacity.

� Mr. Temporary Deputy Speaker, Sir, the SACCO movement has more members than the

entire banking industry in this country. Majority of our people rely on the

� She said that the Mwaliko Report had clearly said that the Harambee Plaza should be

separated from the running of the SACCO so that it is easy to know when the SACCO says

it has a surplus

DATE: 17th Nov 2010

Member of Parliament: Hon. Elizabeth Ongoro

Contribution she made on: Non-Implementation of Nairobi Metropolitan Region Concept

� She said that the Ministry of Nairobi Metropolitan Development was mandated in April,

2008, to carry out development of integrated Nairobi Metropolitan area.

� She said that at the onset, one of the things that the Ministry undertook was to produce the

objectives in a document referenced as Nairobi Metro 2030 Strategy.

� She said that the Ministry also undertook several projects which she listed

� She said that her Ministry had also undertaken street lighting projects along Kapenguria,

Ambira, Kitengela, Gitanga, Othaya, Loitoktok and Kawangware roads.

� She sad that the Ministry had ongoing floodlight projects within the metropolitan region and

had installed 85, 10-metre high floodlights in the northern and southern regions and 47, 30-

metre high masts within the western part of the City among other areas.

� She added that the Ministry was also involved distribution of firefighting equipment to the

local authorities that fall within the metropolitan region.

� She added that so far, six firefighting equipments had been distributed to:- Limuru, Kiambu

and Ruiru municipal councils and Machakos, Olkejuado and Kiambu county councils.

� She said that the Ministry had also distributed ambulances to the local authorities that

Fall within the Metropolitan region as follows:- Kikuyu Town Council, Thika County

Council, Machakos Municipal Council, Kangundo Town Council and Thika Municipal

Council.

� She said that in addition, the Ministry had completed the draft Nairobi Metropolitan Bill,

which was being revised after the promulgation of the new Constitution.

� She added that the Ministry has a Strategic Plan, which has been operationalised.

� She said that the Ministry was in the process of implementing their environment day, which

is celebrated on the third Saturday of every month.

� She said that she was not aware of what was referenced as “Nairobi Metropolitan Region

Concept”.

� She said that the Ministry was coordinating all the work through the use of So, one a

central committee with representatives from all the local authorities � She said that the Ministry was in constant consultation with Nairobi City Council to ensure

that street lights are maintained.

� She cited that there is a lot of vandalism which takes place, and that the Ministry was

addressing that problem.

� She said that the Ministry was implementing what is possible within the budget allocated of

3 billion, but everything would be on course.

DATE: 17th Nov 2010

Member of Parliament: Hon. Peris Chepchumba

Contribution she made on: Disqualification of Gladys C. Tarus from Military Recruitment

� She asked the Minister for Medical Services:-

a) To inform the House the plans the Government had put in place to ensure that there is a

comprehensive national campaign on the dangers posed by substandard medication which

has resulted in growing resistance to drugs in the Kenyan market

b) To clarify to the House whether the Government has adequate testing machines and

Specialists to the curb sale of counterfeit drugs in the country

c) To inform the House the extent to which the Pharmacy and Poisons Board has worked to

arrest this situation.

d) To inform the house whether the Government could consider decentralizing the services

of the Board so that Kenyans in rural areas are also protected.

e) To tell the House what measures were in place to regulate herbal medicine since rogue

herbalists were passing concoctions of conventional medicine for herbal remedies

DATE: 18th Nov 2010


Contribution she made on: Murder of 10 Siakago residents

� She said that she was not informed that the unfortunate incident happened because of some love

gone sour.

� She asked the Assistant Minister for Provincial Administration and Internal Security to clarify

about the living conditions of the security officers.

� She asked what the Minister was doing to take care of their conditions, so that they can lock

their loved ones in the houses and be sure that they will find them there when they come back.

DATE: 18th Nov 2010


Contribution she made on: Strike by Tea Workers � She said that unemployment is particularly high in Sotik constituency

� She said that some of the companies around Sotik use machines for 60 per cent to 70 per cent

for tea picking.

� She asked the Assistant Minister for Agriculture to clarify on what wa doing about the two

gentlemen who were arrested.

� She asked him to explain what he was doing to ensure that the strikes in relation to the machines

do not continue

� She said that the issue was very sensitive as so many young people had lost their source of

livelihood as a result of the machines.

� She asked the Assistant Minister for Agriculture to clarify what the Ministry was doing , to

ensure that the issue of losing jobs does not continue.

Date: 23rd November 2010


Contribution she made: Transfer of Assistant Chief’s Office in Harambee Sub-Location

� She said that it is a matter of public knowledge that the Member for Makadara was being

held by police for what appeared to be more than legal reasons.

� She said that the imprisonment could be for political reasons as he was being pressurized to

resign his seat as a Member of Parliament.

� She said that while the while the wife came to deliver the message her, she indicated that the

husband was under pressure to resign his Parliamentary seat.

� She said that the member for Makadara had already appeared before Kibera Court and was

now in Kileleshwa Police Station where he was being pressurized to resign his seat.

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

Internal Security to confirm that the Ministry was following to recover the plot which was

clearly a public utility plot grabbed by notorious land grabbers.

� She said that the land occupied by the offices of the City Council in Makadara Ward, had

similarly been occupied by a private developer.


Internal Security whether he was satisfied that merely because the chief’s office was not a

permanent building, that land should have been alienated to the developer.


Internal Security whether he was giving a green light that all administrative offices and

public utilities should now be parceled and shared out by developers in Makadara

Constituency.

� She said that it was not true that the question was being dropped

� She said that in the previous case, there was a letter from the Permanent Secretary confirming

that the land was grabbed and requesting the Council to repossess it.

� She said that there is a pattern where the Ministry is giving all the public utility land.



Contribution she made: Recruitment of KBC Chief Executive Officer

� She said she was happy to see the answer for the Assistant Minister for Information and

Communication supplied.

� She drew the attention of the house to paragraph (a) of the answer which stated categorically

that the matter that was before the House was with regard to the constitution of the board of

the corporation and not the appointment of the Chief Executive.

� She said that it was necessary to give directions that the matter before the House was only

about the legality of the board and nothing to do with the Managing Director.


Member of Parliament: Hon. Dr. Sally Kosgei

Contribution she made: Establishment of Poverty Eradication Commission

� She asked the Minister of State for Planning, National Development and Vision 2030:-

a) What informed the decision to establish the Poverty Eradication Commission (PEC) ten

years ago;

b) To what extent the Government had supported the Poverty Eradication Commission

c) Why the Commission’s activities were not felt in every part of the country.

d) Whether he could provide a list of districts and constituencies that had benefited from the

Commission’s programmes since inception.

e) To state the criteria the Ministry applied to select regions to benefit from the

Commission’s programmes

f) To state when Eldoret South constituency would be considered.

g) To explain how the feedback mechanism for the Poverty Eradication Commission was

working to ensure that the funds are not channeled to bottomless pits



Contribution she made: Safety Measures in Marine transport

� She said that she had requested for a Ministerial Statement from the Minister for Transport

two weeks ago and had not received a response yet.

� She informed the Minister for Transport that a total of 14 people had died in the incident.

� She informed the Minister for Transport that some of the information he had given was not

correct.

� She said that it was not true that some people had been rescued.

� She said that there were five people who swam to the shore, one of whom was a pregnant

woman.

� She said that woman died three hours after arriving because there was no first aid.

� She said that the first rescue team arrived after three hours when the people who could have

reached the shore had reached on their own.

� She said that the only thing that the rescue team sought to do was to help recover the bodies.

� She said that a lot of lives could have been saved if there was a patrol boat.

� She said that many of the people in the area use the islands daily and they have no other

means.

� She said that there are 16 islands in total between the two districts, which is the old Suba

District.

� She asked that the Minister for Transport when he would be dispatching a patrol boat, which

would have been very important in the rescue operations.

� She asked what was being done to empower the local fishermen who were already better

experts than the rescue team.

� She asked the Minister for Transport whether he would consider providing a ferry between

Mbita Point and Mfangano Island to help the people of Suba.

� She said that the people in Suba use water not land and thus would not use ambulances to

cater for their emergency conditions.

� She said that lives were not lost because a boat capsized but because there were no rescue

operations.

� She said that she lost her father in 1974 because there was no one to rescue

She said it was sad that 33 years later, young people were losing their lives in similar

incidences.



Contribution she made: Consumption of Contaminated Meat by Residents of Nyanduma

Sub-Location

� She said it is true that people fell ill after having a meal at a funeral which included

the meat in question.

� She said the resultant effect was diarrhea and vomiting, suggestive of food poisoning.

� She said that the meat in question had been inspected by a veterinary officer from

Githunguri, and was deemed to be fit for human consumption.

� She said that the preparation of the food at the funeral might have led to the contamination

of the same.

� She said that Mr. Chege Gathumuni, a father of five, died of pneumonia and had been

receiving treatment from the Kiambu District Hospital for asthmatic conditions and related

chest problems.

� She said that the death of Mr. Gathumuni was not as a result of having consumed the meat

in question.

� She said that the Ministry of Health had taken the following steps:-

a) The butchery where the said butcher operates had been temporarily closed to ascertain

whether it was the source of contamination.

b) She said that so far, the premises and the slaughter slab had been disinfected.

c) Surveillance activities had been strengthened and those identified to have consumed the

suspected food referred to hospital for further check-ups and treatment.

� She said that the Ministry of Health had a shortage of public health inspectors, but were

planning to employ more officers during the current financial year.

� She said that the meat is inspected by veterinary officers who fall under a different Ministry

but.

� She said that officers from the Ministry of Health are supposed to ascertain that cleanliness

standards are upheld.

� She encouraged the members to bring to her attention any area they felt did not meet the

expected health standards.

DATE: 30th Nov 2010


Contribution she made on: Transfer of Malindi Marine Park to private company.

� She asked the Minister for Forestry and Wildlife:-

(a) To clarify whether he was aware that the Marine Park at Malindi had been transferred to a

private company

(b) To explain what he was doing to ensure that the park was reverted to the public.

� She said that she had a copy of the Registration of Titles Act, Certificate of Title Number

CR13550 which was for transferring the marine park to the national parks of Kenya.

� She said that the certificate also showed that on the 1st of April 2010 the park was leased to

Keniaku Limited for a term of 25 years at the rent of Kshs1.5 million a year.

� She said that the park collects over Kshs40 million.

� She asked that Assistant Minister for Forestry and Wildlife to, confirm to the House that the

annual revenue collected by the park before it was leased for Kshs1.5 million a year, was

somewhere around Kshs40 million.

� She asked the Assistant Minister for Forestry and to go and check the earnings of the park

per month and for the last one year and table them and also the lease agreement, so that

Parliament is able to appreciate exactly what was happening

MINISTERIAL STATEMENT

DATE: 3 rd Nov 2010



� She brought to the attention of the members section 24 of the constitution which states that

‘’The State shall not discriminate directly or indirectly against any person on any ground

including race, sex, pregnancy, marital status, health status, ethnic or social origin, color,

age, disability, religion, conscience, belief, culture, dress, language or birth.”

� She said that on moral grounds, the Assistant Minister for did not have the right to pass

judgment on a woman whether or not she was pregnant.

� She said that vaginal bleeding is also called menstruation and is a normal occurrence for

women.

DATE: 3 rd Nov 2010



� She asked the Assistant Minister of State for Defense to explain what he meant by vaginal

bleeding and to clarify on whether the doctor had gone further to state what type of vaginal

bleeding it was so that the young girl is not victimized for a natural phenomena.

� She asked whether it was in order for the Assistant Minister for State for Defense to bring

unsubstantiated and unfounded allegations just to increase the mental torture of the poor

young girl, who was being denied her fundamental rights and tortured?

DATE: 3 rd Nov 2010



� She said that the women parliamentarians were aggrieved that a woman had been

discriminated against.

� She said that the girl deserved to the army as normal monthly periods should not be used to

prevent a woman from joining the military.

DATE: 3 rd Nov 2010



� She said that according to Standing Order No.82, a Member shall be responsible for the

accuracy of any facts which the Member alleges to be true, and may be required to

substantiate any such facts instantly.

� She said that it was not logical for, the Assistant Minister to tell the House that because the

person had a miscarriage the same day, the blood automatically changed to test negative The

Assistant Minister.

� She said that there Assistant Minister for State for Defense was out of order

DATE: 3 rd Nov 2010


Contribution she made on: Nyayo National Stadium Tragedy

� She asked the Assistant Minister for Sports to explain to the house the Ministry’s role in

overseeing the organization of matches like the one in Nyayo Stadium.

DATE: 3 rd Nov 2010


Contribution she made on: Nyayo National Stadium Tragedy � She asked the Assistant Minister for Sports to outline the measures that he was taking to

ensure an incident like the one where Kenyans lost lives and others injured will not happen

again.

DATE: 17th Nov 2010


Contribution she made on: Gazettment of IIBRC Report

� She sought clarification from the Assistant Minister regarding Section 27(b) which reads:-

“The commission shall determine the boundaries of constituencies and wards using the

criteria mentioned in this constitution”.

PRIME MINISTER’S TIME

DATE: 3 rd Nov 2010


Contribution she made on: Update on Restoration of Mau Forest Complex

� She asked the Prime Minister to assure the house and Kenyans at large the purchase of that

land to resettle IDPs would not be hit by the corruption scandals.

DATE: 3 rd Nov 2010



� She asked the Prime Minister to clarify on his statement that compulsory acquisition cannot

be done for purposes of land for settling people

� She asked the Prime Minister to clarify on what he was doing as the supervisor of the

Government in view of the illegal acquisition of land belonging to Kabete Veterinary

Laboratories by powerful individuals in the Government

MOTIONS

DATE: 3 rd Nov 2010



� She said that she would be moving at an appropriate time, an amendment to the Anti-

Corruption and Economic Crimes Act, so as to define the issue of political responsibility.

� She said that the definitions would include the levels of responsibility.

� She said that she would b moving an amendment that would re-define what political

responsibility is,

� She said that she would be moving an amendment on the proximity to the suspect

transaction,

DATE: 4 th Nov 2010


Contribution she made on: Adjournment to a day other than the next normal sitting day She supported the motion

� She said that as a Committee they had found it necessary, that the House sits together to

understand the Constitution better.

� She said that implementation is very core process.

� She referred to Article 261 of the Constitution which required that the House implements

certain legislation within a given timeframe under the Sixth Schedule.

� She said that failure to do that would complicate the procedure whereby there would be

need to raise two-thirds of the House to extend the period prescribed in respect of any of the

matters that need to be enacted.

� She said that there is need to be very clear about timelines.

DATE: 4 th Nov 2010


Contribution she made on: Adjournment to a day other than the next normal sitting day

She supported the motion

� She said that the greater need for the break would be for the President and the Prime

Minister to decide whether they have a Government that is working together.

� She said that it was not possible to have Coalition Government where Ministers were being

ripped apart on cameras by House Committees and Motions and Assistant Ministers who

disagree with their Ministers on issues.

� She said that there was need for the President and the Prime Minister to take political

responsibility.

� She said that implementation required a cohesive nation which was not in existence

� She said that she was losing confidence in the House for failing to hold a cohesive nation.

And because hon. Members were failing in their responsibilities to represent their peoples’

interest but instead represent particular interests of ethnic groups, regions or partisan

politics.

� She asked those positions of leadership in the country to take time to recollect and think

about what their true roles and responsibilities are.

� She said that every Kenyan has the right to representation and revenue allocation.

DATE: 10th Nov 2010

Member of Parliament: Hon. Professor Margaret Kamar

Contribution she made on: Parliamentary Select Committee on Resettlement of IDPS


� She said that the issue of IDPs in Kenya had been discussed for so long and should be

resolved by now.

� She encouraged the Committee to be very exhaustive in the way they will address the issue.

� She asked the Committee to be comprehensive and to give facts about who was displaced.

� She said that there is need to know where they were displaced from, the farms they left, and

the farms they are being given, so that nobody is left out.

� She said that there are people who were complaining that they were not included in the data

sheet because at the time when the data was being collected, some people were perceived to

be criminals.

� She said that it was important that the committee works in a sober manner, and actually

� She said that the Committee is the only instrument that would unearth the correct

information.

� She said that it is important for the Committee to go to sites and get from the people, facts

on who was displaced and whose property was destroyed, so as to get a genuine list

� She suggested that there was need to look into displacement in the Mau.

� She said that given the fact that it is 50 years since we attained Independence, these kinds

of situations should not exist in the country

� She proposed that the committee should establish the total number of displaced persons,

including those who were displaced from Aberdares and Mt. Kenya.

� She said that the committee should be able to distinguish between who was actually

displaced rightfully, who were displaced because of their own mistakes, who has been

compensated, who should have been compensated and how they were compensated.

� She said that it will be a healing moment if the committee goes round, talks to the

communities, and hold meetings with different ethnic groups.

� She suggested that the committee should be as neutral as possible when meeting with the communities.

DATE: 10th Nov 2010

Member of Parliament: Hon. Professor Margaret Kamar

Contribution she made on: Parliamentary Select Committee on Resettlement of IDPS

� She congratulated the mover of the motion and said that the motion does not only deal with

the need to meet and come up with realities in relation to the issues regarding the matter of

compensation to IDPs.

� She said that she was very happy that for once, we are going to have an investigatory

approach to the matter and bring to closure the matters regarding financial impropriety in

compensating the IDPs.

� She said that she was she was equally happy that the committee had gone further than

the piecemeal approaches that all IDP situations in this country, had been flagged by.

� She urged members of the Committee proposed in the Motion to go further than dealing

with the piecemeal issues and address the question of resettlement in a wider approach.

� She said that she was happy that they had clearly stated that they would be dealing with

issues of policy and institution.

� She said that unless we review the policies governing the process of resettling IDPs, we will

not move forward.

� She said that the problem had been extended due to the lack of policies and institutions and

the fact that the Government had not looked at the issue of resettlement as a specialized

area.

DATE: 10th Nov 2010


Contribution she made on: Security Operation in North Eastern Province

� She pointed out that Mr. the Minister of State for Provincial Administration and Internal

Security and his deputies were not present.

� She said that she hoped that since the Leader of Government Business was present, he

would deliver the information the house intended to pass on.

DATE: 10th Nov 2010

Member of Parliament: Hon. Dr. Naomi Shabaan


� She asked the government to take up its responsibility of ensuring that all Kenyans live in

peace and enjoy their rights of being Kenyan especially in the phase of the new constitution.

DATE: 10th Nov 2010



� She gave condolences to the family of the person who lost his life during the incidence, as

well as this chief who had undergone tremendous torture.

� She asked the Government to be a bit more open and transparent in the way it was carrying

out its responsibilities.

� She said that she did not applaud those who had spoken and said that this is not the

responsibility of one Ministry.

� She said that the kind of responsibility for the Government was very heavy, because we the

issue was not only affecting an individual, but a community.

� She said that the issue was serious and would evoking emotions that would create tension in

the country.

� She asked the government to be very clear on its response to the operation.

Date: 18th November 2010


Contribution she made: Adoption of Report on Nominees to Political Parties Dispute

Tribunal


� She said that Mr. Midiwo’s sister had a right to fall in love and thus should not be victimized.

She added that the union actually helps in the development of the country.

� She said that as a country, there is need to discipline in our political parties, especially due to

the marginalized.

� She said that political parties will play a very significant role, especially in appointments to

certain positions, or in election to positions.

� She gave an example of the senate where women will be appointed from a party list.

� She said that she further supported the motion because there is need for a very quick

and efficient method of dispute resolution within parties.

� She said that the persons who had been nominated are persons of integrity and added that it is

important to have persons with no political background.

� She said that in future, persons who come in with political experience and knowledge can be

tempered with persons who come with a very professional approach.

� She said that she was happy that, as a country and a House, utmost care was being made on

the constitutional provisions particularly on gender parity.

� She said that she looked forward to a situation where the three commissions conform to

gender parity in the opposite direction.

� She said that it is not only the women who must be at the tail end of the one-third.



Contribution she made: Adoption of report of third session of second Legislature of the

Pan African Parliament

� She re-echoed honorable Gitobu Imanyara’s remarks that honorable Rachel Shebesh had

served very well in the Pan African Parliament (PAP) and recommended her to be given the

opportunity to continue serving.


Member of Parliament: Hon. Esther Mathenge

Contribution she made: Adoption of Report on IDPs In Rift Valley

� She said that the Committee did a commendable job because the Report detailed what

actually happened on the ground.

� She however pointed out that there is need to give the new Committee time to also go round

and see the progress that has been made since this Report was made.



Contribution she made: Adoption of Report on Appointment of Chairperson/Members of

CIC


� She confirmed that the committee had deliberated at length over the nominees who were

provided.

� She said that the nominees were Kenyans of good repute and standing.

� She said that the Committee was very mindful of the provisions of Chapter 8 of the

Constitution on consequential legislation and specifically, Section 261.

� She noted that she knew Members had raised concerns on the ruling that the Chair had made

especially in relation to the issue of Interim Independent Boundaries Review Commission

(IIBRC) Report.

� She said that she was very happy that even the women who applied were of very good

academic qualifications and repute and wished that all of them would be considered.

� She said that in relation to Mr. Philemon Mwaisaka Wawaka, the committee had questioned

him on the issue of an allegation that he might have grabbed land.

� She said Mr. Wawaka had convinced the Committee that the matter came before court and

went to the level of Court of Appeal and that he won the case.

� She said that the committee had also attended to the issue related to Mrs. Catherine Mumo

and had been convinced that the issue was civil in nature and not criminal and did not touch

on her integrity

� She said that Kshs1.5 billion had been given to the Ministry of Land and that Kshs900

million had already been used.

� She said that the balance had already been allocated to various portions of land.

� She said that the issue was getting out of hand because a lot of time had been taken to solve

it.

� She said that the Ministry was working to the best to ensure that all the IDPs are sorted out.

� She said that the deadlines that had earlier been set would not be met but added that at least,

76 per cent of the IDPs would be settled by the end of the year.

� She said that the Ministry for Special programmes had been demarcating land in the

previous week and would settle close to 1,000 families.

� She said that 800 IDPs had been settled in Mau Narok but added that there was controversy

in the area about who should be settled there and who should not.

� She asked for the indulgence of the Parliament to give the Ministry time to do its work.

� She said that the Ministry was also putting pressure on the Treasury to ensure that the

balance of Kshs1.5 billion that it had promised us to purchase land could be released as

quickly as possible.


Member of Parliament: Hon. Dr. Sally Kosgei

Contribution she made: 25th Delimitation of Constituency Boundaries by the IIBRC

� She said that the issue is a constitutional matter that should be resolved.

� She said that there was a mention of some inter-Ministerial meetings which she was not

aware of.

� She said that she would convey the sentiments of the Speaker and of the House during the

meetings.




CIC


� She confirmed that the committee had deliberated at length over the nominees who were

provided.

� She said that the nominees were Kenyans of good repute and standing.

� She said that the Committee was very mindful of the provisions of Chapter 8 of the

Constitution on consequential legislation and specifically, Section 261.

� She noted that she knew Members had raised concerns on the ruling that the Chair had made

especially in relation to the issue of Interim Independent Boundaries Review Commission

(IIBRC) Report.

� She said that she was very happy that even the women who applied were of very good

academic qualifications and repute and wished that all of them would be considered.

� She said that in relation to Mr. Philemon Mwaisaka Wawaka, the committee had questioned

him on the issue of an allegation that he might have grabbed land.

� She said Mr. Wawaka had convinced the Committee that the matter came before court and

went to the level of Court of Appeal and that he won the case.

� She said that the committee had also attended to the issue related to Mrs. Catherine Mumo

and had been convinced that the issue was civil in nature and not criminal and did not touch

on her integrity




CIC

� She asked whether it was in order for the honorable member to mislead the house and said

that the issue had come before the Committee and that it touched on gender discrimination.

� She said that Catherine Muma was married in Nyanza but is Luhya from Dr. Khalwale’s

constituency.

� She said that Catherine is from Nyanza but from Western.

� She said that it is not up to parliament to define for people where they come from.


Member of Parliament: Hon. Wavinya Ndeti


CIC


� She congratulated the Committee for coming up with the names of the appointees.

� She said that it is however important to be very careful in the process of scrutinizing

members of the Commission as they are respected people in the country with families.

� She said that there is need to substantiate every information given about the appointees

BILLS

DATE: 10th Nov 2010


Contribution she made on: Report, consideration of report and third reading

� She said that a Committee of the whole House had considered The Competition Bill, 2009,

and approved the same with amendments.



Contribution she made: Adoption of report of third session of second Legislature of the

Pan African Parliament

� She supported the bill and thanked honorable Wamalwa for introducing it.

� She said that this is a good initiative that was being utilized world over.

� She said that she was not sure whether Kenya’s technology was in a position to support the

system but hoped for the success of the system.

november 2010 hansard - kewopa

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