DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th...

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DECEMBER 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official Government position on TJRC She informed the house that the Kenya Women Parliamentary Association (KEWOPA) had just done its gender audit of the work of the TJRC. She said that among the findings were that TJRC does not have enough resources to enable them employ qualified persons to take into account issues of sexual and gender-based crimes, especially in areas where, because of religious and other issues, there are issues which are not easily spoken of. She asked the Minister for Justice, National Cohesion and Constitutional Affairs to consider, in the budget that he was going to request for, prioritizing issues of persons with special expertise to deal with those issues. She asked whether the Minister was in order to mislead the House that Prof. Slye was one of the commissioners who resigned when he appeared before the Committee on Justice and Legal Affairs and informed that he had given a notice to resign if the issues were not resolved Date: 16 th Dec 2010 Member of Parliament: Hon. Rachel Shebesh Contribution she made on: Arrest of Honorable Waititu by Police She said that it is not the first time to see the manhandling of this particular Assistant Minister and the Member of Parliament for Embakasi, neither was it the first time to see the manhandling of Nairobi MPs,

Transcript of DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th...

Page 1: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

DECEMBER 2010 HANSARD REPORT

MINISTERIAL STATEMENTS

Date: 9th Dec 2010

Member of Parliament: Hon. Millie Odhiambo

Contribution she made on: Official Government position on TJRC

� She informed the house that the Kenya Women Parliamentary Association (KEWOPA) had

just done its gender audit of the work of the TJRC.

� She said that among the findings were that TJRC does not have enough resources to enable

them employ qualified persons to take into account issues of sexual and gender-based crimes,

especially in areas where, because of religious and other issues, there are issues which are not

easily spoken of.

� She asked the Minister for Justice, National Cohesion and Constitutional Affairs to consider,

in the budget that he was going to request for, prioritizing issues of persons with special

expertise to deal with those issues.

� She asked whether the Minister was in order to mislead the House that Prof. Slye was one of

the commissioners who resigned when he appeared before the Committee on Justice and

� Legal Affairs and informed that he had given a notice to resign if the issues were not

resolved

Date: 16th Dec 2010

Member of Parliament: Hon. Rachel Shebesh

Contribution she made on: Arrest of Honorable Waititu by Police

� She said that it is not the first time to see the manhandling of this particular Assistant

Minister and the Member of Parliament for Embakasi, neither was it the first time to see the

manhandling of Nairobi MPs,

Page 2: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

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

to explain at what point he would allow MPs of Nairobi to do their work, instead of having to

tackle policemen who remove women and children from their homes when the court order

clearly states where to evict and where not to evict

Date: 22nd Dec 2010

Member of Parliament: Hon Martha Karua

Contribution she made on: Forceful access to Hon. Mbuvi’s office by Police

� She asked why the police were using unorthodox means in the case of honorable Mbuvi

which actually is contrary to the law

Date: 22nd Dec 2010

Member of Parliament: Hon. Amina Abdalla

Contribution she made on: Explosions at Kampala Coach Office In Nairobi

� She asked the Minister of State for Provincial Administration and Internal security to explain

whether the Government has enough equipment to detect explosive devices, particularly at

border points

Date: 22nd Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: Explosions at Kampala Coach Office in Nairobi

� She congratulated the police for quickly moving to nab the suspect, which has not happened

with respect to the Uhuru Park bombing.

� She supported the need for the government to get sophisticated equipment to be able to deal

with the menace of such crimes.

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� She asked the Minister of State for Provincial Administration and Internal security to give an

undertaking to the House about fast-tracking police reforms and also ensuring that the

Kenyan borders are secured to stop the proliferation of explosives and arms.

� She asked the Minister of State for Provincial Administration and Internal security to explain

what was going to do to ensure that searches are done with decorum and with respect to the

human rights and dignity of those being searched and that they do not only search the low

income areas but also high income areas.

Page 4: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

MOTIONS

Date: 1st Dec 2010

Member of Parliament: Hon. Charity Ngilu

Contribution she made on: Establishment of two Water Service Boards in North Rift

� She supported the motion and said that it is true that the Water Act of 2002 has vested the

power to establish water services boards on the Minister.

� She said that Rift Valley is served by five water services boards which she named.

� She said that looking at these; it is very difficult to deliver services to people in Kericho,

Eldoret and other places.

� She said that it is upon this realization that she held several meetings with leaders from that

region and thus decided, as is the Government policy, that is need to establish more water

services boards so as to bring services closer to the people.

� She said that what honorable Metito was asking for is not difficult indeed to implement

because it has been very difficult for people to get to the headquarters due to the distances.

� She said that she had put in place a task force that had already started its work to ensure that

the Ministry of Water and Irrigation establishes four more water services boards that will

take into account the counties.

� She said that it has not been easy to educate people on how the water service providers or

water companies work.

� She explained that the Water Act of 2002 gives authority to the water services boards.

� She said that the Ministry had also put in place officers to educate people on the use of water.

Date: 8th Dec 2010

Member of Parliament: Hon. Rachel Shebesh

Contribution she made on: Adoption of Report on the conduct of the Arthur brothers

� She said that when the premises of the Standard Group were raided, many issues were kept in

the dark.

� She explained that among the issues were;

a)T he identity of the hooded men who walked in the premises of the Standard Group.

Page 5: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

b) The involvement of the police or the security arm of this country.

c) The political connection.

� She said that she was happy to note that the Committee did its work and was able to get

information from the then Minister of State for Provincial Administration and Internal

Security, Mr. John Michuki who confirmed, according to the Report, that this was a raid that

was done under the supervision of the security intelligence of this country.

� She said that that smirks of arrogance and is “impunity”.

� She reminded the house that during the raid, when Mr. Michuki was asked about the raid, he

arrogantly answered back that “if you rattle a snake, you must be ready to be bitten”.

� She said that with regard to the containers that were allowed to come into the country, there

is definitely a question mark.

� She enquired that how containers whose contents were not verified be cleared through the

Port of Mombasa

� She said that it is common knowledge that Kenya has become a leading drug centre.

� She said that Kenya has been in the news of late on the issue of drugs and yet nothing had

been done yet.

� She said that the Committee clearly showed in the Report that on issues to do with goods

coming into the country, there are some people who are untouchable.

� She said that it is obvious that that is what gives rise to the drug menace, including drug

addiction among Kenyan children.

� She said that with regard to political connection, it was clear in theReport that there was a

clear political connection to the highest level of Government, that is, the Head of State.

� She said it was sad that we continue to have the same President even after this raid.

� She said the problem was that we always lack people who can muster the courage to stand up

and speak the truth.

� She said that she was glad that the Committee did its work and that one of the Members had

mustered the courage and brought the Report to the Floor of the House.

� She said that everybody must be equal before the law and therefore, the Standard Group must

be compensated for what they lost in terms of information which is still held by the Artur

brothers in their homes wherever they are.

� She said that the Standard Group must be compensated for the business they lost.

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� She said that Kenyans must be compensated in terms of taking away from us leaders who

continue to perpetuate impunity or use their political connections or positions in Government

to allow illegalities to continue.

� She said that If members of parliament do not speak out on these issues, nobody else will.

� She concluded by thanking the Joint Committee and Mr. Imanyara.

Date: 8th Dec 2010

Member of Parliament: Hon. Millie Odhiambo

Contribution she made on: Adoption of Report on the conduct of the Arthur brothers

� She thanked the Mover of the Motion for a very commendable job.

� She said that as a country, unless we reach to a level where we can speak for the truth and

justice, we will be swimming in mud.

� She said that going by the Report the treaties Kenya has ratified entrench very important

rights that last for every season and time.

� She said that as a people and a nation, unless we are informed and reminded of these rights,

we will be entrapped by our traps.

� She said that she hoped that tabling of the report would be a reminder not just to honorable

Karua, but also to other Members, that when you are in privileged positions, remember that

you will not always be in privileged positions.

� She said that when in a privileged position, one should use human rights standards and not

personal whims and discretions

Date: 8th Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: Adoption of Report on the conduct of the Arthur brothers

� She supported the report and said that as a Government Minister at that time, she expressed

her outrage at The Standard raid.

� She said that this is not something that could have been supported by anybody who respects

the rule of law and democracy.

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� She said that she made a statement that morning, when launching a function of the Anti-

corruption Campaign Steering Committee, then headed by hon. Mutava Musyimi.

� She said that in the meeting she raised that the culprits should be prosecuted.

� She said that the Ministry of Justice, National Cohesion and Constitutional Affairs was not

the investigator, but that she stood for the rule of law and condemned it.

� She said that she had raised a point of order before the House on 20th June, 2006, where she

stated that she did not believe that under the principle of separation of powers, there should

be two parallel investigations at the same time; one by the Executive through the Kiruki

Commission and another by Parliament, each demanding the same witnesses concurrently.

� She said that in her view, Parliament could have waited for the Executive to conclude and

then they take up and analyze that and go beyond it.

� She said that even in the Report, the end result would be a recommendation for

investigations and actions, which means Parliament realizes that it cannot investigate crime.

but can only do superficial investigations and order for investigations.

� She said that there is the role of Parliament and that of the Executive.

� She said that she came to Parliament armed with a letter she had written to the Speaker for

the purpose of explaining her point of order, due to time limitation

� She said that she rose and expressed herself verbally and tabled the letter which she quoted “

� She said that it is utterly malicious of the Committee then, and Members of the House who

continue to pretend that she did anything wrong by raising a point of order.

� She said that dishonesty is manifested in the way this was being articulated and even in the

way it was being pretended that that past is catching up with her;

� She said that this was the height of dishonesty.

� She said that her saying that the sequencing should have been different was not an attempt to

stop the work of the Committee.

� She added that she was contributing to debate and was only raising the need to wait and

audit

� She said that when she learnt of the violation of our laws by the Artur Brothers at the airport

she immediately called the then Commissioner of Police.

� She said that she wondered why he had not taken action against those people.

� She explained that as a consequence, arrests were made in the wee hours of the night.

Page 8: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She said that she later conferred with the Minister of State for Immigration and Registration

of Persons.

� She said that the report was good but that the Committee had absolutely no basis for claiming

she had interfered with them.

� She added that she had only exercised her right as a Member of Parliament to give an

alternative view.

� She said that the Speaker made a ruling and they were able to go on, on the charge that as

Deputy Leader of Government Business, she refused to have the report debated.

� She said that the House Business Committee (HBC) is not run by an individual.

� She said that the decision of the Committee she chaired was unanimous, and therefore, the

best mention they could have made; would have blamed the HBC chaired by Ms. Karua but

not Ms. Karua as an individual.

� She said that she never stands for things that are wrong.

Date: 14th Dec 2010

Member of Parliament: Hon. Millie Odhiambo

Contribution she made on: Adoption of Report on Cattle Rustling in Kenya

� She seconded the report and said that the committee had visited several areas in the Rift

Valley, Eastern, North Eastern and Coast provinces to get firsthand information as well as

two countries i.e .Ethiopia and Botswana that have embraced very modern livestock

management system.

� She said that a highlight of the report was that amongst the people whom they met who were

managing the livestock industry in Botswana, most were Kenyans.

� She said that it is important to either build a culture of patriotism or look for a way to

motivate Kenyans so they can come back and do the same in this country.

� She said that unlike Kenya, the Kalahari Dessert covers 75 per cent of Botswana, the wildlife

protected area is about 17 per cent and so, the only arable land is 13 per cent.

� She said that among the areas they visited were; the Diabit Codonveld, the Mochudi

Veterinary Extension Area, the National Master Plan for Agricultural Development

(NAMPAD), Modern Dairy Farm at Sunnyside and the Botswana Meat Commission whose

chair was trained at Egerton University.

Page 9: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She said that they were enlightened on the modern cattle management system including

branding, zoning, tracing of animals which is computerized, and management of cattle

diseases through branding which enables control of cattle rustling.

� She said that they went through the process even in their meat commission where they were

shown that once the meat is exported to other countries, if there is a problem, they are able to

trace where there was a disease outbreak and, therefore, control it.

� She said that the solution Mr. Temporary Deputy Speaker, Sir, to me, the solution lies in

embracing that modern technology.

� She highlighted the major reasons for cattle rustling in the country to be: use of cattle as

dowry, proliferation of small arms and light weapons, warlordism, porous borders,

marginalization and underdevelopment of some areas that encourage cattle rustling.

� She gave the effects of cattle rustling to be: abuse of human rights of individuals, abuse of

the rights of children and women and loss of lives.

� She said that the committee recommended the adoption modern systems of managing

livestock as has been done in Rwanda.

� She said that the Committee also considered seeking means of employment for the young

people and also considered the enactment and implementation of the National Policy on

Small Arms and Light Weapons and the Mifugo protocol.

Date: 14th Dec 2010

Member of Parliament: Hon. Lina Kilimo

Contribution she made on: Adoption of Report on Cattle Rustling in Kenya

� She thanked the mover of the motion but said that the views of the people of Marakwet East,

which is the epicenter of cattle rustling, were not captured.

� She said that it was unfortunate that when the Committee went to Marakwet District, they

only went to Marakwet West, and not to Marakwet East.

� She said that it was not true as stated in the minutes the majority of the cattle rustlers were

from Marakwet East

� She said that cattle rustling in Marakwet takes place along the Kerio Valley, and affects the

people of Tot and Murkutuor.

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� She said that she supported the Motion but un happy that the people of Marakwet East, who

were the culprits. are the ones who have suffered most.

� She said that what should have been captured in the Committee’s Report is what the

Committee ought to have seen happening amongst the people of Marakwet East, Pokot

Central and Pokot East.

� She explained that these areas have now had peace for seven years because the leaders

decided to talk amongst them, and to preach peace without considering whether they would

lose politically or not.

� She said that another cause of cattle rustling, which was not captured by the Committee in

the Report is female genital mutilation.

� She said that areas prone to cattle rustling are areas where young men want to steal cattle to

marry wives.

� She explained that due to the need to pay dowry, they go and steal cattle.

� She said that on the day the girls come out of seclusion, cattle rustling will have taken place

because men have to be ready with cows to marry them immediately.

� She said that it is therefore important to address the issue of capacity building and helping

people to understand the dangers of female genital mutilation, so that they can do away with

it.

� She said that this would help solve the problem of cattle rustling, because people will have to

look for other ways of raising dowry to marry.

� She said that another issue is joblessness among the youth and explained that there should be

affirmative action for youth from this area when it comes to employment.

� She said that the youth in the area disqualified form admission to the forces due to the

scratches they acquire as they grow up which is as a result of the terrain in the area

� She said that the Committee should capture affirmative action as far as school fees is

concerned for students from those areas.

� She said that educational institutions in the form of a university should be taken to the

hardship cattle rustling areas.

� She said that as long as there is the rural-urban migration of the people from cattle rustling

areas which happen to be the arid lands of the country into the arable lands looking for small

plots and looking for jobs, then these people will still always feel secluded.

Page 11: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She said that the report did not capture the issue of laboratories for animals.

� She said that there is need to have laboratories in the cattle keeping areas to ensure that the

farmers do not lose their animals overnight when there is a disease.

� She said that another issue is abattoirs and asked why the animals have to be brought all the

way to KMC in Athi River.

� She said that an animal that has been transported so far will be suffering from stress by the

time its being slaughtered it thus the meat eaten has got a lot of adrenaline from the animal.

� She said that it was possible to have abattoirs very close to these areas where cattle keeping

is done.

Date: 16th Dec 2010

Member of Parliament: Hon. Amina Abdalla

Contribution she made on: Peaceful Referendum in Southern Sudan

� She said that that the motion was misplaced and that if the Motion was to pass, Kenya would

loose its impartiality which has enabled her to negotiate the Comprehensive Peace

agreement.

� She said that by discussing the Motion, members of parliament would be trying to sanitize

the actions of an Assistant Minister of the House who went to Southern Sudan to do some

things.

� She said that she was a regional member of the Amani Forum and that the process that the

current Chair of the Amani Forum was using was not in line with what Amani stands for.

� She said that Amani does not direct member states and member Parliaments to take any

sides.

� She said that Kenya has been an impartial negotiator and the Motion was going to make

Kenya lose that impartiality

Page 12: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

Date: 16th Dec 2010

Member of Parliament: Hon. Rachel Shebesh

Contribution she made on: Peaceful Referendum in Southern Sudan

� She said that during the formation of the African Union and its transformation from the

Organization of African Unity (OAU) to the African Union (AU), one of the core reasons

for that move was to allow African states not to take a back seat on issues in countries that

are neighboring them because regional peace can be interfered with.

� She said that it would really be naive to be sitting in the house and not see that Kenya has

really a lot to gain or lose as a result of the referendum process in Southern Sudan and in

Sudan in general.

� She said that she was supporting the motion because it was placed in the right place, where

Members of Parliament can debate it

Date: 16th Dec 2010

Member of Parliament: Hon. Amina Abdalla

Contribution she made on: Peaceful Referendum in Southern Sudan

� She said that she was unable to support this Motion, because passing it was making the

House act in futility.

� She said that since Kenya is a guarantor to the CPA, the Motion was telling Kenya to do all

within its powers which is to work within the CPA to ensure that the referendum takes place.

� She said that when you bring a Motion to the House you are urging somebody who is

reluctant to do something to do it which was not the case.

� She said that in her opinion, the motion was rhetorical because Kenya is doing its best in the

matter.

� She said that the issue that needed focus is that it is in our interests, as Kenyans, for the

Sudan to remain peaceful.

� She said that the result of a Sudan that is not peaceful is Kenya having to host refugees and

spent its money on another CPA.

� She said that it is important to remain an impartial negotiator in the matter.

Page 13: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She said that it is wrong to go to a referendum campaign and present your personal views in a

partisan manner.

� She added that it is not in our interest as a country to present a partisan position.

� She said that she would not want to support a Motion in the House, that propagates a partisan

position on Southern Sudan.

Date: 16th Dec 2010

Member of Parliament: Hon. Millie Odhiambo

Contribution she made on: Peaceful Referendum in Southern Sudan

� She supported the motion and said that she agreed with Ms. Amina’s reasoning that

as much as possible, Kenya should not take a partisan position.

� She explained that when a country has a problem, it is the neighbors who came to aid.

� She gave an example of Kenya and said that when we had a problem Kenya had more

confidence in our immediate neighboring countries than those far abroad.

� She said that Sudan being our neighboring country, there is need in helping them in ensuring

that they have peace.

� She said that there are a lot of Kenyans living in Southern Sudan and a lot of Kenyans living

in Kenya who have invested in Southern Sudan.

� She explained that due to that, Kenya has a lot of interest in Southern Sudan, in addition to

the need for peace in that part of the Sudan country.

� She said that it is in our interests, as a country, to ensure, as much as we can, all our

neighbors are peaceful.

Date: 16th Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: Peaceful Referendum in Southern Sudan

� She supported the Motion and said that the motion was non-partisan but was calling upon the

people and the Government of Sudan to not only proceed to have a peaceful referendum, but

also to respect the outcome.

Page 14: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She said that Kenyans are peripheral stakeholders in what happens in Sudan and that being

neighbors, Kenya must remain engaged and interested.

� She commended the mover of the motion and said that it is wrong for Kenya to wait until

matters are out of hand to mourn with our neighbors.

� She explained that it is better to encourage them to walk on the right path so that we can have

peaceful neighbors.

� She said that apart from the investments in the peace process and by Kenyans in the Sudan,

there is a greater long term investment which is a peaceful neighborhood which means

prosperity for both nations.

� She said that she longed for the day Kenya would have a similar Motion or a Motion crafted

in similar terms, bringing peace to Somalia.

� She said that there was need to become proactive as Africans must help fellow Africans.

� She said that even though colleagues from Parliament went and involved themselves in the

referendum campaigns, they went as individuals and not as Parliament.

� She added that Kenya upholds the liberties of association and expression.

Date: 16th Dec 2010

Member of Parliament: Hon. Rachel Shebesh

Contribution she made on: Repeal of International Criminals Act

� She said that if the honorable Member who brought this Motion is committed to what he is

doing, then the clear procedure is there on how we can withdraw from the ICC.

� She however added that we must set up a local mechanism that still gives justice to the

people of this country

Date: 16th Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: Repeal of International Criminals Act

� She agreed with the Minister for Justice, National Cohesion and Constitutional Affairs that

until the Constitution is amended this Motion should not be entertained.

Page 15: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She said that Article 2(6) of the constitution states that “Any treaty or convention ratified by

Kenya shall form part of the laws of Kenya under this Constitution”.

� She explained that it meant that convention, or law that is ratified acquires the force of the

Constitution.

� She said that it is very much the same way the National Accord, which was just a Bill that we

passed acquired the force of the Constitution;

� She said that the law can be unmade but that the procedure is to seek an amendment of

Article 2(5) and (6) of the Constitution.

� She urged members of parliament to be people who can follow the rules made.

� She said that the due process. is not a process of condemnation but that it has two sides.

� She said that instead of living with a cloud of an allegation against you, when you are

innocent, the due process clears you and the world knows that you did not do what is alleged.

� She said that if you are guilty, you are most likely convicted.

� She called on the need to respect due process and said that even if Kenya withdrew from the

Rome Statute, courts of law would still exist,

� She said that all members of the house are called to act responsibly remembering that they

carry the nation today and tomorrow.

� She said that the foundation we lay today is the foundation that will stand us in good stead

tomorrow.

� She said that even after the ICC does its job, there will still be a greater responsibility in this

country.

Date: 21st Dec 2010

Member of Parliament: Hon. Rachel Shebesh

Contribution she made on: Adoption of IIBRC Report

� She opposed the motion and said that there is no House that has supported the cause of the

people who have been marginalized like the Tenth Parliament.

� She said that she felt that it is out of total respect that the House came together to find a way

forward.

� She said that it was the house that gave the mandate to the Committee to come up with a way

forward that would unite the different voices.

Page 16: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She said that in relation to the amendment that had been brought by honorable. Affey, it was

clear that it negates totally the work of the Departmental Committee on Justice and Legal

Affairs and the very reason why the mandate to was given this Committee.

� She said that it would be unfair, considering the discussions held at the Kenya Institute of

Administration (KIA), parliament, Kamkunjis and at the Committee to bring this amendment.

� She said that it could be considered mischievous to bring the debate to the Floor of the House

when the Committee and the Speaker, through his ruling, gave everybody the opportunity to

bring these issues to the fore.

Date: 21st Dec 2010

Member of Parliament: Hon. Beth Mugo

Contribution she made on: Adoption of IIBRC Report

� She thanked the Rt. honorable Prime Minister for making it clear that the house is for

debating issues and not to gag people from speaking.

� She said that there is no way the Chair can make a ruling if the members do not contribute

and therefore, urged all members to honor the house and give it dignity.

� She supported that amendment and said that parliament cannot set double standards.

� She said that there was a lot of talk on the report, including some Kenyans going to court to

oppose it.

� She said that the judgment highlighted that the whole process was illegal

� She gave an example of Dagoretti Constituency which was ignored and not given an extra

constituency and yet those whose areas had low populations had been given extra

constituencies.

� She explained that when she complained bitterly, she was given a constituency called

Kawangware.

� She said that this shows that the Ligale Report is full of areas that need to be relooked at.

because not everybody was able to put his case forward and get their “Kawangware”

included in this Report.

� She said that there are things that cannot be changed and explained that one cannot give a

so-called independent commission independence on one hand and on the other hand tell

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them in part “c” that they cannot use that independence to correct what is wrong by adding

or subtracting.

� She said that the commission must be given a free hand.

Date: 21st Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: Adoption of IIBRC Report

� She said that she supported the motion and added that as the house looks for a solution, there

is need to respect the institutions created by parliament

Date: 22nd Dec 2010

Member of Parliament: Hon Martha Karua

Contribution she made on: Adoption of report on Judicial Service Commission Nominees

� She supported the motion and said that the Mover of the Motion had gone through the names

and the qualifications and that all the names had been approved rightly.

� She said that she knew some of the nominees as people who have practiced in courts.

� She said that that Justice Omollo and Ahmednassir are among the great legal minds in

Kenya

� She said that since the Committee had dismissed all allegations. against Ahmednassir, then

there was no basis for parliament to stop his appointment

� She said that there was need to move with speed so that the people who had been validated

by the new Constitution would move to be members of the Judicial Service Commission

(JSC).

� She said she was worried that the Government was dillydallying over the appointment of the

Attorney-General under the new Constitution.

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Date: 22nd Dec 2010

Member of Parliament: Hon Amina Abdalla

Contribution she made on: Adoption of report on appointment of Chairperson/members of

CIC

� She supported that motion and said that it was very clear that Parliament is more equipped to

do vetting than interviews.

� She said that it was the first time she saw Parliament fit into the job they were doing despite

the fact that the executive had given a very short time to vet the nominees.

� She said that it is very important that the vetting law gives the shortest period to the

Committee to vet.

� She said that vetting is very important in line with the roles of Parliament as it eliminates

chances of unfairness in the process.

Date: 22nd Dec 2010

Member of Parliament: Hon Martha Karua

Contribution she made on: Adoption of report on appointment of chairperson/members

of commission on revenue allocation

� She supported the Motion subject to an amendment which she sought to introduce.

� She moved that the motion be amended by deleting all the words appearing on page 11 of the

Report and reinstating the name of Mrs. Amina Ahmed as a member of the commission.

� She said that Mrs. Amina Ahmed had been a regional manager of the Kenya Commercial

Bank for the last 22 years; and is a holder of Bachelors Degree in Economics and French

� She said that Mrs. Amina was currently working as a consultant in an audit and management

firm and was thus qualified for the position.

� She urged the House to support the amendment as the lady was eminently qualified

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Date: 22nd Dec 2010

Member of Parliament: Hon Martha Karua

Contribution she made on: Repeal of International Crimes Act

� She opposed the motion and said that on 16th December 2008, the two principals signed

an agreement committing themselves to within sixty days, whip their troops to enable

Parliament to pass a statute for a local tribunal.

� She explained that Parliament failed and the principals failed, because they did not marshal

their troops.

� She said that she was the Minister then, and was begging to make a contribution in the

house which was denied

� She said that parliament had actually beckoned the ICC to come since the agreement was

that if a local tribunal is not formed within sixty days, then the ICC could come in.

� She said that the ICC had come by virtual of invitation of none other than the two principals

and by extension, Parliament, by failing to pass the local tribunal.

� She said that she had advocated for a local tribunal because it could adequately deal with the

issues of trying the masterminds as well as the other offenders.

� She said that even if the Ocampo six are tried or prosecuted, it does not completely solve the

Matter; the country would still need to deal with the other pending cases.

� She said that she was concerned about the sudden change of heart and was wondering

whether it was sincere

� She inquired why the motion was not brought to the house before Ocampo disclosed his

List and said that this proved that the concern was not genuine.

� She said that she was beginning to feel a little afraid that there may be manipulations of the

renewal of the judicial process because it was clear that there is a belief that Members of

Parliament or people in authority can evade justice.

� She said that it was notable that no prosecutions had succeeded, arising from the PEV.

� She said that she had not heard of convictions for murder and burning of property or looting

or prosecutions for any serious crime.

� She said that it is important to think of the victims of the violence as members of parliament

are called to represent the people and not their individual interests.

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� She said that Kenyans should not withdraw from the ICC process merely because it is the

politicians and top people who had been named.

� She said that this trend is dangerous and is a setback for the Kenyan people

Date: 22nd Dec 2010

Member of Parliament: Hon. Amina Abdalla

Contribution she made on: Repeal of International Crimes Act

� She supported the motion and said that she had voted for the Hague with very clear

conscience, thinking that the post election violence victims would get justice.

� She said that unfortunately, the Hague had turned out to be part of the impunity.

� She explained that it was unfair that Ambassador. Muthaura, who had diligently served the

country be was being taken to the Hague.

� She said that with the new Constitution, the country has the Truth, Justice and

Reconciliation Commission and the National Cohesion and Integration Commission as well

as the security system is in place.

� She said that it was possible to articulate issues internally instead of subjecting the Kenyan

people to the Hague

� She said that the ICC prosecutor Mr. Ocampo himself is a sex molester as he is on record to

raping a woman journalist from South Africa.

� She asked whether it was possible for Kenyan women who had been raped to get justice from

somebody who is a rapist himself

Date: 22nd Dec 2010

Member of Parliament: Hon. Millie Odhiambo

Contribution she made on: Adjournment of the House Sine Die

� She supported the motion and said that it was commendable that parliament had worked very

hard and that as a nominated Member of Parliament, representing women and children, she

was proud of the work she had done.

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� She said that she was happy that parliament had unlocked the constitutional process and was

very happy that Commissions had put in place very able women, including Catherine Muma,

Dr. Florence Omosa, Amina and Elizabeth Muli, amongst others.

� She however added that as a country, among the things that had not been done yet was to

care for the Internally Displaced Persons (IDPs) and the victims of post-election violence.

� She said that there was need to prioritize the issue of IDPs just as that of the ICC.

� She concluded by saying that as a human rights lawyer, she was not supportive of the Motion

brought hon. Ruto on the Repeal of the International Criminals Act.

� She encouraged the members to stop ethicizing and politicizing the ICC list.

Date: 22nd Dec 2010

Member of Parliament: Hon. Lina Kilimo

Contribution she made on: Adjournment of the House Sine Die

� She supported the motion and said that she was happy that the journey that was started by our

two Principals by working together had culminated today in us withdrawing the country

from the ICC, so that Kenyan s would live as one country

� She said that she was happy that Hon. Orengo would be visiting his constituency and that the

issue of IDPs will be no more in Marakwet East constituency.

Date: 22nd Dec 2010

Member of Parliament: Hon. Rachel Shebesh

Contribution she made on: Adjournment of the House Sine Die

� She reminded honorable Orengo that as well as standing with his friends in the house in

solidarity, there was need for him to remember to stand with the 405 young people who were

killed by the police during the post-election violence and the people who continue to languish

in IDPs camps to date, as well as the 3,000 women who were raped during the post-election

violence.

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� She urged that honorable Orengo to stand with every Kenyan and not just the Kenyan he

shares an office with.

� She said that she was going home an unhappy person saddened by the events that had

happened in parliament.

� She said that she did not believe that Kenyans would get justice with the kind of arguments

that were being raised in the House.

� She said that the issues raised were more ethnic, polarized on party lines and personalities

and that these issues would not give Kenyans the justice they deserve.

� She said that she would go home and strive to set up a local tribunal that will ensure that

Kenyans get the justice they deserve.

� She reiterated that she did not see Kenyans getting justice through parliament, the Executive

or the Judiciary.

Date: 22nd Dec 2010

Member of Parliament: Hon. Dr. Sally Kosgei

Contribution she made on: Adoption of Report on the death of Dr. Ouko

� She referred to chapters 102, 103, 104 and 105 of the Report which stated that one of the

possible reasons for the killing of Dr. Ouko was to do with his foreign trips.

� She said that one of the foreign trips mentioned was the one to the United Kingdom (UK)and

added that she was the ambassador at the time and all that was said in the report was

definitely not true.

� She said that she was also not sure about Herine Ogembo being Dr. Ouko’s second wife as

indicated in the report.

� She said that if, indeed, that is true, she would have assumed that something so important

should have been corroborated somewhere else because those mentioned as having been in

those missions were in this country at the time.

� She said that she had not been asked at any time whether, indeed, it is true what happened at

Checkers or at CBI because she was involved in both events.

� She said that she found the Report quite insensitive in other areas for example Its conclusion

that some members of the Ouko family were hostile.

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� She said that she did not know whether the Members who signed the Report had actually

sought to get information from elsewhere to corroborate what they were saying.

� She said that anyone who knew Dr. Ouko would surely not want to believe that such a

seasoned diplomat would have been calling somebody considered a girlfriend or second wife

to tell her how he was relating to his own staff in the Ministry of Foreign Affairs.

� She said that the reason she was able to interrogate the Report is that her name had been

mentioned on page 42.

� She said that it would not have been possible for the British Government to invite the

Minister for Industry directly.

� She said that the invitation was issued by the Kenyan High Commission after discussion with

the East African Association (EAA) and the CBI.

� She said that to have a report, therefore, that says that somebody told the Committee that the

British Prime Minister invited the late Minister was very strange.

� She said that the contents of the report were definitely not true.

Date: 22nd Dec 2010

Member of Parliament: Hon. Amina Abdalla

Contribution she made on: Adoption of Report on the death of Dr. Ouko

� She confirmed that she was a Member of the Select Committee investigating the death of Dr.

Ouko and that she had joined the Committee after three other Members objected to being

Members of that Committee because of the proceedings and how the Chair was carrying

them out.

� She said that upon joining the Committee, there was a lot of debate about the unprocedural

nature and the unpreparedness of the Committee in handling the investigations.

� She said that the members felt that the officer who was attached to the committee from the

Attorney-General’s Chambers was not assisting us in asking questions and getting

information from the witnesses who came before the committee.

� She said that when it finally reached the point of writing the report, there was disagreement

in the Committee in that some of the recommendations were not supported

by the evidence that had been received.

Page 24: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She said that that is the reason why the report did not reach the Floor of the House.

� She said that wanting to adopt a report of a Committee whose membership had problems

with its accuracy, is not a fair process.

� She said that this would be doing injustice to the next investigation that would take place to

conclude the investigations on the death of Dr. Ouko.

� She said that it would be a disservice to allow the House to adopt a report that we had issues

with.

� She urged the House not to vote for the report, because it would mean adopting

inaccuracies.

� She added that adopting the report would be diverting the attention of the investigators into

this very serious crime to the wrong direction.

� She supported that thorough investigations should take place.

Date: 22nd Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: Adoption of Report on the death of Dr. Ouko

� She supported the report, especially the recommendation for further investigations.

� She said that she had looked at the recommendations and that the thrust of them is further

investigations and nothing more.

� She said that she agreed that Parliament has no mechanism to investigate fully thus names

put in reports are at times put unfairly.

� She urged the house not to refuse to adopt a recommendation that merely called for the need

for further investigations.

� She said that those who felt that their names were included unfairly could move an

amendment to the Motion to adopt the recommendation to further investigate and expunge

whatever names included unfairly.

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Date: 22nd Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: Censure of His Excellency Michael Ranneberger

� She opposed the motion and said that it was sad that members of parliament had come to

discuss a foreign diplomat as though there was no Ministry of Foreign Affairs.

� She said that this was an affirmation to the world that that the Government was not working.

� She said it was sad that the implementation of the Constitution has stalled because it is

waiting for parliament to pass Motions yet parliament had stopped business to discuss a

foreign diplomat.

� She said that she stands for freedom of expression and that everyone has got a right to this

freedom including the diplomat

� She said that when a country posts a diplomat, he is an ambassador of that country.

Therefore, Mr. Rannerberger represents the interest of America in Kenya and is working for

the Government of America, not the Government of Kenya.

� She said that she was dismayed that some Members were almost in tears for being

banned from going to America.

� She said that being banned form visiting a country would mean that there is need to work

hard to develop your country to a point, where other people will envy coming to the

country.

� She said that it is time for Kenyans to concentrate on developing our country.

Date: 22nd Dec 2010

Member of Parliament: Hon. Elizabeth Ongoro

Contribution she made on: Censure of His Excellency Michael Ranneberger

� She said that Kenya got her independence Forty seven years ago but it looks like some

countries have not actually accepted that Kenya is indeed an independent nation.

� She referred the house to Article 1 (2) and (3) of the constitution that says that all sovereign

power belongs to the people of Kenya and shall be exercised only in accordance with the

Constitution.

Page 26: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She explained that that power that belongs to the people of Kenya has been delegated to

Members of Parliament.

� She added that Article 94(4) states that one of the roles of members of parliament is to

represent the will of the people and exercise their sovereignty.

� She said that Article 95(2) states that parliament should deliberate and resolve issues of

concern to the people.

� She said that the issue at hand was an issue of concern to the people of Kenya and

parliament here was debating it rightly.

� She said that the issue should not be left to the Ministry of Foreign Affairs when an

ambassador traverses Kenya at will; meeting with the youth in every constituency and

giving them money without even the elected Members of Parliament knowing.

� She said that this, according to her is the highest level of indiscipline and disrespect.

� She said that there is need to make a bold statement as a nation in the House that we do not

need such representatives in Kenya.

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QUESTIONS

Date: 1st Dec 2010

Member of Parliament: Hon. Prof. Margaret Kamar

Contribution she made on: Operations of Kings Rock Company in Thika

� She said that she was not aware that the Thika District officials authorized the operations of

Kings Rock Works Limited.

� She said that she knew that the Ministry of Environment and Mineral resources issued an

Environmental Impact Assessment License No.0007374 to Kings Rock Works Limited on

11th November, 2010 to undertake open cast quarry activities.

� She said that prior to that, the quarry was operated without full knowledge of the Ministry

and that officer in the Ministry were not involved at all.

� She said that regarding the issue of agricultural produce loss associated with the mining, the

Ministry of Environment and Mineral resources was not previously aware of any complaints

raised.

� She said that she had inquired and established that one farmer has complained of damage to

his crops due to dust.

� She said that the noise pollution, however, arising from the quarrying activities should be

within permissible limits of the noise and excessive vibrations regulations which were

gazetted recently.

� She said that because the quarry does not use any explosives, the noise is mainly from

machinery operations.

� She said that having issued an Environmental Impact Assessment (EIA) license, the Ministry

did not plan to halt operations of the company.

� She said that the license details give the recommendations on mitigation measures that

should be implemented by the company.

� She said that apart from the EIA license, the Ministry does not license quarries because this

is in the docket of local authorities.

� She said that when the Ministry receives any report that an industry is within an area which is

prohibited by law, it is closed down.

Page 28: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She said that the Ministry does not do post impact assessment but that it does rehabilitation

cost.

Date: 1st Dec 2010

Member of Parliament: Hon. Charity Ngilu

Contribution she made on: Repair of Ilengeni Dam

� She said that she was aware that Ilengeni Dam in Mutembua Location, Mbitini Division,

Nzaui District was constructed in November 2009 by the National Water Conservation and

Pipeline Corporation (NWCPC) and surely was washed away by heavy floods on the night of

9th and 10th of November 2010.

� She said that there was no damage to property and crops downstream.

� She said that the NWCPC is redesigning the dam to accommodate unexpected floods of such

magnitude if they do occur again, based on the studies that are going to be undertaken.

� She said that the dam will be reconstructed during the next financial year 2011/2012.

Date: 1st Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: Repair of Ilengeni Dam

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

a) Whether he was aware that police officers from Taveta Police Station had been harassing

the family of Angata Mwangangi through arbitrary arrests relating to a dispute over plots

No. 1-45 in Taveta Settlement Scheme in spite of a court order that protects the family

b) What measures he would take against the officers involved.

Date: 2nd Dec 2010

Member of Parliament: Hon. Dr. Naomi Shabaan

Contribution she made on: Beneficiaries of funds for the elderly in Marakwet

� She said that there were 750 beneficiaries of funds disbursed as benefits to older members

of the society in Marakwet West District.

� She tabled the list of the beneficiaries of the funds from Marakwet West District

Page 29: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She said that some beneficiaries previously benefiting from the programme were omitted

after it was noted that they did not meet some of the laid down criteria.

� She said that the legibility criteria is that an older person must be aged 65 years and above.

The measures taken by the Ministry to inform those affected are that the persons

� She gave the eligibility and ranking criteria

� She said that the older persons cash transfer programme has an allocation of Kshs530 million

for the financial year 2010/11.

� She explained that this amount is not adequate to cover all older persons above the age of 65.

� She said that the programme as implemented targets older persons in 44 districts.

� She sad that seven hundred and fifty beneficiaries are selected at targeted districts, meaning

needy cases are likely to be omitted owing to budgetary constraints.

� She said that in order to streamline the programme in the district, the Ministry deployed one

officer in June, 2010 to assist the District Gender and Social Development Officer, Marakwet

West.

� She said that plans were underway to enhance capacity of the District Gender and Social

Development Officer to enable her to perform duties efficiently.

� She said that identification of beneficiaries is done through community targeting and not

through chiefs, their assistants or councilors.

� She said that the chiefs only do mobilization.

� She said that the Ministry was lobbying for additional funds from the Treasury so that the

programme is up scaled in coming years to accommodate more beneficiaries in it.

� She said that it is envisioned that with availability of funds the programme would become

universal for all older persons aged 65 years and above

Date: 7th Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: Transfer of Malindi Marine Park to A Private Company

� She asked the Minister for Forestry and Wildlife whether he was aware that the Marine Park

at Malindi had been transferred to a private company and what he was doing to ensure that

the same is reverted to the Public.

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Date: 7th Dec 2010

Member of Parliament: Hon. Dr. Sally Kosgei

Contribution she made on: Suspension of Kenya Sugar Board CEO

� She said that she was not aware that operations of the KSB are paralysed due to the

suspension of the CEO as normal business of the Board continues uninterrupted under an

Acting CEO.

� She said that the CEO was asked to step aside to pave way for investigations by the Kenya

Anti-Corruption Commission (KACC) on allegations of corruption and mismanagement in

the Board.

� She said that the suspension is in keeping with the Economic Crimes Act.

Date: 8th Dec 2010

Member of Parliament: Hon. Amina Abdalla

Contribution she made on: Delayed filling of Provincial Administration Vacancies in

Marsabit North/North Horr Districts

� She said that given that the education results in those areas are usually poor, the Assistant

Minister for State for Provincial Administration and Internal Security should consider

lowering the marks for the candidates.

� She asked the Assistant Minister to assure the candidates who were qualified that they would

not get maltreatment that had been meted on members of the Provincial Administration in

arid areas when the Government holds operations in those areas

Date: 8th Dec 2010

Page 31: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

Member of Parliament: Hon. Millie Odhiambo

Contribution she made on: Confiscation of Irene Muchiri’s Passport by her Saudi Arabia

Employer

� She said that this was definitely a case of slavery or modern day trafficking and that many of

the Kenyan girls were falling into the trap, especially in that destination.

� She asked what Government was doing to come up with mutual legal cooperation

agreements with countries so that we stop the case of Kenyans dying like Rose Adhiambo

who died about a month ago under similar circumstances

Date: 8th Dec 2010

Member of Parliament: Hon. Rachel Shebesh

Contribution she made on: Confiscation of Irene Muchiri’s Passport by her Saudi Arabia

Employer

� She asked whether it was in order for the Government to sit and still try to come up with

solutions to problems that had been brought to the Ministry countless times

Date: 8th Dec 2010

Member of Parliament: Hon. Beth Mugo

Contribution she made on: Stalling of Siomo Dispensary Project

� She said that the project had not stalled and explained that her Ministry, through the

Technical Economic Stimulus Programme Consultant, had summoned the contractor and

provided the schedules of work which stipulated that the project would end in March, 2011.

� She said that the Economic Stimulus Project Management Committee shall make a two

weekly visit to the site to ensure supervision during the construction.

� She said that the MOH would have no authority to pay without compliance on the ground

� She said that all the money that is supposed to go to these health centres is available but it is

paid according to the progress of work.

� She said that when the facility is ready, the money for furnishing will also be available.

Page 32: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She urged that the projects be finished on time, saying that if not, the money would go back

to Treasury and then it will be a case of not utilizing all the money.

� She said that there are some constituencies which had never even started the ground work

but were still arguing about the locality and local politics on the ground.

� She said that she was afraid that the Ministry would move that money to other constituencies

otherwise, the money will have to go back to the Treasury.

Date: 9th Dec 2010

Member of Parliament: Hon. Beth Mugo

Contribution she made on: List of Health Facilities in Turkana County

� She tabled a list of all health facilities in Turkana County from 1980 to 2010, stating the

name, location, staffing levels and level of facility.

� She said that in Turkana County, the Ministry has 85 health facilities and the staffing levels

are 120 health workers.

� She explained that this number includes clinical officers and nurses.

� She tabled the registration of vehicles assigned.

� She said that according to Legal Notice No.79 of 2009 of Kenya Gazette Notice No.37 of

5th June, 2009, the Ministry gazzeted the formed Health Management Committees to

replace the District Health Management Boards.

� She said that at the moment, all the districts, constituencies or health facilities which had

formed those management committees had been gazetted.

� She tabled the list as pertaining to Turkana County where the dispensaries were yet to form

their lists of management boards.

� She tabled a list of the emergency cases handled by each health facility in the last three

years; 2007 to 2010

� She said that it included victims of motor vehicle accidents and disease outbreak, including

gunshot wounds.

� She said that some of the plans in place were improving working staffing levels of 20 nurses

per constituency and to include an additional 15 nurses as per the budget of year 2010.

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� She said that the Ministry was also strengthening the supply of essential medicines and

medical supplies. And had also secured funding from the World Bank to strengthen

procurement and offer essential medicines.

� She said that the Ministry had secured 90 vehicles to be given to the constituencies.

� She said that there were plans to secure 300 ambulances but that the discussions are ongoing

at the moment as to the method of procurement.

� She said that through community strategy, the Ministry was emphasizing outreach services

whose main goal is to reach the community, closer to their homes.

� She explained that the Ministry had embarked on a programme to systematically ensure

construction of health centres and dispensaries to meet the set norms for health facility

distribution.

� She said that this was however interrupted after one year to be able to leverage resources

towards CDF with the understanding that CDF could be used more appropriately to identify

needs, construction of health centres included.

� She said that she hoped that the gap would be filled.

� She said she was aware that there were several CDF dispensaries also awaiting to be gazette

and registered as well deploying nurses and staff to operate them.

� She said that the Ministry had put this request to the Treasury so that in the next budget,

there is enough money to open those facilities by way of being able to add staffing and

necessary medical kits.

� She added that these were only facilities relating to the Ministry of Public Health and

Sanitation.

� She said that there are facilities like district hospitals and provincial hospitals to add to the

need.

� She said that every constituency has a model clinic that was currently being constructed

now.

� She encouraged that in vast areas, CDF money be used to construct and that the Ministry

would open, give supplies, health workers as well as medicines to operationalize them.

� She said that she did not have the exact number of qualified doctors working currently in

Turkana but would make it available.

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Date: 9th Dec 2010

Member of Parliament: Hon. Peris Chepchumba

Contribution she made on: Sensitization Programme for Citizens on Major Road Projects

� She asked the Minister for Roads:-

(a) Whether the Government has a policy on sensitization of citizens on major projects it

undertakes throughout the country;

(b) To inform the House whether there has been a sensitization programme by the

government on how the international superhighway will impact on the lives of the people

living next to the road;

(c) To state what percentage, in the cost of the projects, the Government was lobbying

investors to undertake in sensitization of residents

Date: 14th Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: Repossession of Public Facilities in Watamu

� She asked the Minister Lands:-

(a) Whether he was aware that the social hall and the stadium at Watamu New Town had been

alienated and allocated to individuals thereby denying the public their use

(b) What steps he was taking to revert the said facilities to the public.

Date: 15th Dec 2010

Member of Parliament: Hon. Linah Kilimo

Contribution she made on: Loan Defaulters in Coffee Saccos

� She said that she was aware that the Coffee Farmers Co-operative Societies and Rural

Savings and Credit Co-operatives had been experiencing challenges when dealing with some

of their loanees who are unable to service loans.

� She said that her Ministry and the Treasury were working on modalities of implementing the

Presidential directive.

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� She said that the Government would continue to support the coffee sector so that all farmers

can benefit in order to avoid future debt problems.

� She said that she was not in a position to answer for the case of 2007 because there was no

waiver of Kshs10 billion during that year.

� She said that in 2006, the Government gave a waiver of Kshs5.8 billion which was as

follows:- The Cooperative Bank of Kenya was given Kshs0.6 billion while Kshs5.2 billion

was paid to the World Bank which had given loans to co-operative societies through the

Treasury.

� She said that the Kshs5.8 billion did not go to the co-operative societies, but to the loaners;

that is, Cooperative Bank and World Bank through the Treasury

Date: 15th Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: Loan Defaulters in Coffee Saccos

� She asked the assistant Minister for Cooperative Development and to give time-frame, when

the farmers may expect the negotiations with the Treasury to be finalized and for them to

benefit from this directive.

� She asked the Assistant Minister to provide a schedule of the coffee farmers co-operative

societies that benefitted from that money.

Date: 15th Dec 2010

Member of Parliament: Hon. Lina Kilimo

Contribution she made on: Loan Defaulters in Coffee Saccos

� She said that the timeframe within which the coffee farmers would be paid was unknown.

� She tabled the list of the beneficiaries of the Ksh.5.8 billion given by the World Bank as well

as the allocations given to each.

Page 36: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She said that she was aware that the Government, through privatization, would be giving

Kshs33 billion to write off sugar-cane farmers’ loans or to bail out the sugar-cane farmers

amongst the western communities of the country

� She said that she was also aware that the Government had bailed out pyrethrum farmers and

subsidized fertilizer prices for maize farmers,

Date: 15th Dec 2010

Member of Parliament: Hon. Dr. Sally Kosgei

Contribution she made on: Approval of Report on the death of Dr. Ouko

� She said that among the member of the house she was one of those people who worked with

the late Dr. Ouko for some time.

� She said that Dr. Ouko was an efficient, effective and thoroughly nice Minister to work with.

� She said that Dr, Ouko was a trained diplomat, having worked in the British system.

� She said that most of the people who knew him wished that we could know who robbed

Kenya of such a bright man.

� She referred to the report and said that as stated in Paragraph 103 the report was thoroughly

inaccurate as there is no way an ambassador or a high commissioner would be summoning a

Minister.

� She said that the report was also inaccurate in stating that when Dr. Ouko was summoned to

come and make appointments for the President with the British Prime Minister as she was in

charge of the task then.

� She further highlighted that the report that the British Prime Minister insisted that Dr. Ouko

be asked to attend a meeting with the Prime Minister’s counterpart; the President of Kenya

was not true.

� She explained that there is nowhere in the way nations deal with each other that the host

country can insist to the principal of another country on who to bring to a meeting.

� She referred to paragraph 104 which talked a period in early 1988 when Dr. Ouko had gone

to London to address the Confederation of British Industry.

� She highlighted that the Report stated that he was invited by Mrs. Margaret Thatcher which

was also untrue.

Page 37: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She explained that the arrangement was done by the Confederation of British Industry

together with the Kenya High Commission and she was the one who notified Dr. Ouko that

he should attend this Conference.

� She said that the British Prime Minister was in this country in the first week of January as a

guest of the State.

� She said that this may have been in 4th January, 1988.

� She said that the desk officers suggested that to the bosses that they should invite the

Minister for Industry, Dr. Ouko, to escort Dennis Thatcher because the Foreign Minister, Dr.

Onyonka would be otherwise engaged.

� She said that the officers had noticed that they got along famously.

� She explained that on their departure, she was at the airport and Dennis Thatcher called her

aside and told her that : “When this gentleman comes through London for any reason,

please, give me notification of just two days because I would like to return the hospitality.”

� She said that when the CDI Conference presented itself, she called Dr. Ouko who told her

that he would be happy come but it is was very hard time because it was about elections time.

� She said that when Dr. Ouko came, she notified Whitehall before he arrived and Whitehall

notified Downing Street and she was asked to extend an invitation for lunch.

� She said that that invitation was extended, and was accepted so notified Whitehall.

� She said that on the day CDI Conference was over, everyone knew that the lunch was the

following day.

� She said that she went with him in the High Commissioner’s car, where they sat at the lunch

together and there were less than ten people there.

� She said that there was no hint of his being there because of any other reason except because

Dennis Thatcher wanted to say thank you to him.

� She said that the British Prime Minister attended just because it was her house but the host

was Dennis Thatcher.

� She said that she found it strange that the report on Paragraph 105, suggested that he was

there and that the President of Kenya was unhappy about that and therefore wanted to get

rid of him.

� She said that Dr. Ouko was actually, appointed the Minister for Foreign Affairs after that.

� She said that she could say more because what was on the report was inaccurate.

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� She said that there is need to have proper and accurate information

Date: 16th Dec 2010

Member of Parliament: Hon. Esther Mathenge

Contribution she made on: Membership of Tana River District Development Group

� She said that the Membership of District Steering Group is made up of the Chairperson i.e.

the District Commissioner; other members are the district heads of department, local

Members of Parliament and any other co-opted members.

� She said that the DSGs have no funds directly allocated to them as Committees but that the

District Commissioner gets funds from the Ministry of State for Special Programmes for

transportation of food and that the various district heads of departments get funds from their

parent Ministries to run their programmes.

� She said that there are, therefore, no specific funds for running the affairs of the DSG since

its role is mainly that of co-ordination and any specific task that requires funds

� She highlighted the roles/ mandates of the DSG

� She said that the Protracted Relief and Recovery operations started on 1st May, 2009, and

would run for three years ending on 30th April, 2012.

� She said that the programme is jointly implemented by the Government of Kenya and the

World Food Programme.

� She said that the WFP had so far given Kshs37 billion but the Kenya Government had given

Kshs1 billion worth of foodstuff.

� She said that the mandate of the two parties is to ensure that the programme runs smoothly

for the benefit of the vulnerable populations, who are the beneficiaries, of about 2 million

Kenyans.

� She said that both parties are expected to contribute resources towards the programme and to

jointly develop guidelines, rules and procedures for managing the operation.

� She said that the two parties also jointly select lead agencies to handle the distribution in the

districts covered by the programme, and in consultation with the districts.

� She said the process and guidelines for selection of lead agencies are annexed to the answer

as appendix 1

Page 39: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

� She said that the three organizations that applied for the job of lead agency in the Tana River

were: the Kenya Red Cross Society, the German Agro Action and the Catholic Diocese of

Garissa.

� She said that the recommendations of the DSG were not disregarded by the national team,

but that the team could only uphold the recommendations of the DSGs, if they had followed

the set criteria for selection of lead agencies.

� She said that the DSG only recommends to the headquarters, organization that they consider

qualified to be lead agencies, but that the headquarters have the final say in the appointment.

� She said that there are 27 districts which are beneficiaries of this programme

� She said that the Kenya Red Cross which was recommended by the District Steering Group

(DSG) was overpriced.

Date: 16th Dec 2010

Member of Parliament: Hon. Rachel Shebesh

Contribution she made on: Cancellation of Public Rally at Kamukunji Grounds, Nairobi

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

following Question by Private Notice.

(a) To give reasons as to why the Police cancelled the meeting scheduled for 12th December,

2010 and organized by the hon. Eugene Wamalwa and Mr. Maina Njenga at Kamukunji grounds,

Nairobi, in disregard of the Constitution?

(b) To also explain why the Government failed to provide security at the venue as required when

the meeting was rescheduled on 13th December, 2010?

Date: 16th Dec 2010

Member of Parliament: Hon. Amina Abdalla

Contribution she made on: Amount of Development Funds allocated to Northern Kenya

� She said that in his answer, the Assistant Minister for Development of Northern Kenya and

other Arid Lands had said that the programme is under the Vision 2030.

� She asked whether that exempted the contracts for the appraisal of the Kshs1.5 million from

being done transparently and practicing nepotism.

Page 40: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

Date: 21st Dec 2010

Member of Parliament: Hon. Rachel Shebesh

Contribution she made on: Cancellation of Wamalwa /Maina Njenga Kamukunji Meeting

by Police

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

following Question by Private Notice.

(a) To explain why the police cancelled the meeting scheduled for 12th December 2010 and

organized by hon. Eugene Wamalwa and Mr. Maina Njenga at Kamukunji Grounds, Nairobi,

in disregard of the Constitution

(b) To explain why the Government failed to provide security at the venue as required when

the meeting was rescheduled to 13th December 2010?

Date: 22nd Dec 2010

Member of Parliament: Hon. Rachel Shebesh

Contribution she made on: Existence of Informal Schools in urban unplanned settlements

� She asked whether it was in order to ask the relevant Departmental Committee to look into

the issues so that it can give a long-term solution to the issue of informal schools in Nairobi.

Date: 22nd Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: Existence of Informal Schools in urban unplanned settlements

� She asked whether it was in order for the Committee to look into the issue of Early

Childhood Education (ECDS) because FPE cannot be achieved without it

Page 41: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

BILLS

Date: 8th Dec 2010

Member of Parliament: Hon. Beth Mugo

Contribution she made on: The Finance Bill

� She opposed the amendment from a health side.

� She said that the country should increase the cost of cigarettes through increasing taxes on

cigarettes because bringing down the taxes would cause the number of children who start to

smoke increase.

� She said that cigarette-related diseases are the biggest killer Kenya and globally.

� She said that the World Health Organization (WHO) had said that tobacco-related illnesses

would cause more deaths than malaria, childhood diseases and all the others combined.

� She said that there was need to look as far as the interest of Kenyans and not the money

made.

� She said that health is paramount over everything else and that allowing to the proposed bill

would be throwing the health of Kenyans to the dogs and fight for a certain company.

� She said that the revision on the taxation should go up and not down so that cigarettes do not

flood the country.

Date: 14th Dec 2010

Member of Parliament: Hon. Dr. Sally Kosgei

Contribution she made on: The Tea Amendment Bill

� She moved that Clause 4 of the Bill be amended-(a) in the proposed paragraph (e) by

inserting a new subparagraph immediately after the proposed paragraph (iv) as follows-

(v) Two persons appointed by the Minister who shall possess such knowledge and experience as

the Minister considers beneficial to the Board from amongst producers and trade unionists whilst

giving consideration to gender balance;

(b) Renumbering the proposed subparagraph (v) as subparagraph (vi).

Page 42: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

Date: 14th Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: The Tea Amendment Bill

� She opposed the amendment. And asked whether one can you bring coffee farmers to rule the

tea industry.

� She urged honorable Kosgei to abandon this amendment as it was misplaced and the things

that were being proposed had already been taken care of.

Date: 14th Dec 2010

Member of Parliament: Hon. Dr. Sally Kosgei

Contribution she made on: The Tea Amendment Bill

� She moved that Clause 13 of the Bill be amended by deleting the proposed subsection (3) and

substituting therefore the following- (3) The ad valorem levy collected under subsection (2)

shall be apportioned as follows-

(a) fifty per cent shall be applied by the Board in the manner provided in section 19;

(b) forty per cent shall be remitted directly to the Tea Research Foundation of Kenya; and

(c) ten per cent shall be used for the development of infrastructure for the tea industry.

� She moved that the house adopts the said report.

Date: 14th Dec 2010

Member of Parliament: Hon. Martha Karua

Contribution she made on: The Tea Amendment Bill

� She supported the bill and thanked honorable Dr. Sally Kosgei for bringing the Bill; saying

that it was the pressure of this Tea Bill, which got the Government to act with speed.

� She said that this was only phase one of the reform of the tea sector.

� She said that the bill would regulate and improve governance in the tea sector.

Page 43: DECEMBER 2010 HANSARD REPORT - Kewopa Kenya 2010 HANSARD REPORT MINISTERIAL STATEMENTS Date: 9 th Dec 2010 Member of Parliament: Hon. Millie Odhiambo Contribution she made on: Official

Date: 14th Dec 2010

Member of Parliament: Hon. Dr. Sally Kosgei

Contribution she made on: The Tea Amendment Bill

� She thanked the Members for engaging seriously on the Bill, which she said was very

important for a lot of people and for a large part of the economy.

� She thanked Members of the Departmental Committee on Agricultural Livestock and Co-

operatives for their advice and said that they were very informed about all areas of

agriculture and advised.