The House met at 9.00 a.m.

PRAYERS

Dr. Khalwale: Mr. Deputy Speaker, Sir, I

beg to give notice of the following Motion:-

THAT, concerned that the workers

retirement savings in the National

Social Security Fund (NSSF)

continue to be mismanaged

through financial misadventures by

the Financial and Investment

Committee of the Fund; this House

grants leave for the introduction a

Bill to amend the NSSF Act so as

to protect the workers money,

subject it to Retirement Benefits

Authority Regulations, prevent the

NSSF from dealing directly with

banks and provide for employment

by the NSSF of professional

managers to advise the Finance and

Investments committee.

Thank you, Mr. Deputy Speaker, Sir.

(Mr. Magerer) to ask the Minister

for Transport:-

(a) Could the Minister table before

the House documents relating to

the Kenya Airports Authority

tender for the supply,

installation, implementation and

commissioning of an integrated

Enterprise Resource Planning

System (ERP)

(b) Is the Minister aware that

the KAA Board has formed an

oversight tender committee

contrary to the Public

Procurement and Disposal Act,

which board has altered parts of

the above tender's requirements

to suit a company associated

with some of the board

members?

(c) Given the foregoing

anomalies, could the Minister

consider cancelling the tender

and order re-tendering?

Mr. Deputy Speaker: Is Mr. Magerer

not here?

Next Question by Dr. Khalwale!

Dr. Khalwale: Mr. Deputy Speaker,

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3260

following Question by Private Notice.

(a) Is the Minister aware that thousands of

wananchi in Kangemi's Dam Village, Nairobi are

currently homeless after they were evicted by a

private developer from Plots No.LR.22767 and

LR.22768 (off Waiyaki Way)?

(b) Who is the legal owner of those parcels

of land?

(c) What urgent steps is the Minister taking

to solve the dispute, considering that the squatters,

the developer and the Veterinary Animal Research

Department have all laid claim to the plots?

Mr. Deputy Speaker: Is the Minister for

Lands not here? Honourable Vice-President and

Minister for Home Affairs?

An hon. Member: Obama!

Home Affairs (Mr. Musyoka): Mr. Deputy

Speaker, Sir, it could very well be that due to the

great amount of excitement in the country this

morning, some of these hon. Members may not be

here on time. If you could just bear with them, they

are all celebrating, in their own way, the big and

very historic win by Senator Obama.

Mr. Deputy Speaker: Precisely! Because

of that, the Chair will have to wait and proceed to

the next Question!

Next Question by Mr. Shakeel!

Deputy Speaker, Sir. You have heard none other

than the Leader of Government Business

acknowledge that because of Obama's win in the

United States of America (USA), the House is

crippled. Could we allow him to move a Motion

for Adjournment so that we could also continue

the celebrations of having a Kenyan ruling the

USA? I humbly request!

Mr. Deputy Speaker: Order! Indeed, our

President has already done that and you must

appreciate. Tomorrow is a public holiday. So,

Kenyans will have a long day to celebrate,

including today.

Let us proceed to the next Question by

Private Notice by Mr. Shakeel!

(Mr. Shakeel) to ask the

Minister for Transport:-

(a) Could the Minister explain

why the East African Airlines

aircraft destined for Kisumu on

Thursday 31st July, 2008, at

5.45 p.m. failed to take off on

the run way at the JKIA

Airport?

(b) Could the Minister take

urgent action to ground that

aeroplane, Fokker (Registration

No.5Y-EEE) before a major

disaster?

(c) Could the Minister order an

urgent technical audit to ensure

that the above airline does not

flout established air safety

regulations and rules?

An hon. Member: He is in Kogelo!

Mr. Deputy Speaker: He is in

Kogelo?

Let us move on to Ordinary Questions!

Mr. Deputy Speaker: Is Mr. Mureithi

not here?

An hon. Member: Obama!

Mr. Deputy Speaker: Next Question

by Mr. Outa!

November 5, 2008 PARLIAMENTARY DEBATES 3261

Mr. Deputy Speaker: Is Mr. Outa not

here?

An hon. Member: He is in Kogelo!

Mr. Deputy Speaker: He is in Kogelo?

Next Question by Eng. Maina!

Mr. Deputy Speaker: Is Mr. Maina not

here?

An hon. Member: He is in Kogelo!

Mr. Deputy Speaker: He is in Kogelo?

Mr. Deputy Speaker: Is Mr. Affey also in

Kogelo?

Next Question by Mr. M'Mithiaru!

Mr. Deputy Speaker: Is Mr. M'Mithiaru

not here?

An hon. Member: He is in Kogelo!

Mr. Deputy Speaker: Hon. Members,

this is getting too much now! This is a Sovereign

State and we have a Parliament that is the supreme

institution in this country. It is fair to be happy with

the results of the American elections, but we have

a sovereign country. We have very important

business to transact in this House! Next

Question by Mr. Nyamai!

Mr. Deputy Speaker: Is Mr. Nyamai

not here?

An hon. Member: Kogelo!

Next Question by Mr. Munyaka!

Mr. Deputy Speaker: Is Mr. Munyaka

not here?

An hon. Member: Kogelo!

Mr. Deputy Speaker: Next Question

by Mr. Kambi!

Mr. Kambi asked the Minister

for Roads:-

(a) whether he is aware that

Mazeras-Kaloleni Road is

completely. Kambi]

dilapidated and is now

almost impassable; and,

(b) what urgent steps he will

take to re-carpet the road to

ease the burden on motorists.

The Minister for Public Works (Mr.

Obure): Mr. Deputy Speaker, Sir, with your

permission, may I take this opportunity, on

behalf of myself, and I am sure many hon.

Members in this House and many Kenyans, to

congratulate Mr. Barrack Obama for his victory

PARLIAMENTARY DEBATES November 5, 2008

3262

in the USA. I know that his victory will assist to

improve the economic welfare of the people, not

only of the USA, but all over the world.

Mr. Deputy Speaker, Sir, I beg to reply.

(a) I am aware that the road between

Mazeras and Kaloleni is in a poor state. However,

the road is motorable.

(b) My Ministry will patch potholes this

financial year under routine maintenance. In

addition, resealing of this particular section will

commence in January, 2009.

Mr. Kambi: Mr. Deputy Speaker, Sir, I

appreciate the answer by the Minister. However, is

he aware that, as we speak, motorists from

Mombasa to Kaloleni are not using this road but

have diverted to Mariakani-Mavueni Road because

of the bad state of the road? What steps is he

taking? Has he factored money for this road in the

Budget?

Mr. Obure: Mr. Deputy Speaker, Sir, I

was not aware that motorists have diverted to

another road because of the very poor state of a

section of this road. But we have allocated some

money in the first quarter of this financial year, a

total of Kshs7 million. We are in the process of

allocating a further Kshs12.8 million to make this

section motorable. I am sure that what the

motorists are experiencing at the moment will be

short-lived and the situation will be rectified

shortly.

Mr. Gunda: Mr. Deputy Speaker, Sir,

when this road was first constructed, one could

drive from Mazeras to Kaloleni without seeing any

other vehicle. Today, the road is not only very busy

but the type of vehicles that used the road then

were up to seven tonnes. Today there is a cement

factory at Kaloleni and we have trucks weighing 60

tonnes using that road, and that is the reason it has

deteriorated. Could the Minister confirm to the

House that, when they re-carpet it, they will do so

to accommodate the heavy trucks using the road at

the moment?

Mr. Obure: Yes, Mr. Deputy Speaker,

Sir. That is something we are experiencing all the

time. Whenever we do a good road, traffic is

diverted to that road, sometimes heavier traffic

than initially envisaged; so, destruction of the road

takes place on the first day. We will take into

consideration what the hon. Member has just

said to ensure that we strengthen the surface of

that road to ensure that it can accommodate the

heavier trucks.

Mr. Washiali: Mr. Deputy Speaker,

Sir, I would like to know from the Minister the

criteria they use in choosing the roads to be

tarmacked, because you will find that we have

roads which are very important to the people -

there is a high number of vehicles that are using

that road - yet they do not consider it for

tarmacking. For example, there is a road from

Mumias to the southern part of Mumias called

Musanda in my place. It has very heavy traffic

but they have never considered tarmacking that

road. Which criteria do they use?

Mr. Obure: Mr. Deputy Speaker, Sir,

you will appreciate that the hon. Member has

taken us from Mazeras-Kaloleni Road in Coast

Province, all the way to Western Province to

raise a different Question. However, I would

like to say that we apply specific criteria. First,

is economic viability of the road, the volume of

traffic passing on the road and the classification

of the road in question. So, these are the

criteria, not necessarily scientific, but we are in

the process of reviewing this to ensure that the

criteria become as reasonable and as logical as

possible.

Mr. Ruteere: Mr. Deputy Speaker,

Sir, between now and January is two

November 5, 2008 PARLIAMENTARY DEBATES 3263

months. We are in the same financial year that we

will be in January. Why is it necessary to wait up to

next year so that re-sealing can start instead of

re-sealing right now?

Mr. Obure: Mr. Deputy Speaker, Sir, you

have to prepare for re-sealing. At the moment, we

are patching the potholes to make the surface

ready for re-sealing in January.

Mr. Kambi: Mr. Deputy Speaker, Sir, the

Minister has said that he will start the re-sealing in

2009. Could he tell this House how much money

has been budgeted for the re-sealing of this road?

Mr. Obure: Mr. Deputy Speaker, Sir, I

know that we have allocated funds for this road

but, unfortunately, I do not have the figure with me

right now, but I will make it available to the hon.

Member.

Mr. Deputy Speaker: Mr. Lessonet! He

is not here!

We will go back to Questions by Private

Notice! Mr. Langat!

(Mr. Magerer) to ask the Minister

for Transport.

(a) Could the Minister table before

the House documents relating to

the Kenya Airports Authority

(KAA) tender for the supply,

installation, implementation and

commissioning of an integrated

enterprise resource planning

system (ERP)?

(b) Is the Minister aware that KAA

Board has formed an oversight

tender committee contrary to

the Public Procurement and

Disposal Act, which board has

altered parts of the above

tender's requirements to suit a

company associated with some

of the board members?

(c) Given the foregoing

anomalies, could the Minister

consider cancelling the tender

and order re-tendering?

Mr. Deputy Speaker: Mr. Langat is

not here! The Question is dropped!