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"content": "Leader, Sen. Murkomen. On this particular matter, I agree with Sen. Murkomen’s earlier pronouncement that this particular Clause is unconstitutional. When you read Article 89, it is very clear that in reviewing constituency and ward boundaries, the commission shall consult interested parties. There is no provision for the National Assembly to sit down and make binding recommendations on the electoral commission. So, first, it is unconstitutional. Secondly, it is not urgent. Any review of boundaries does not take effect immediately but it should be at least not 12 months to the next elections. So, there is no reason we should be called for a Special Sitting to discuss something that will be of no effect to the next elections. Thirdly, even if we were to give this job to Members of the National Assembly or the Senate as custodians of devolution, there is a good reason why the drafters of the Constitution excluded elected members from delimitation of boundaries. The English word is “gerrymandering” and that is what we are trying to avoid. I can imagine a situation like in Homa Bay County where I come from. If you were to leave this to the elected representatives, then my uncles and aunties who come from Subaland and feel that they have been ignored for a very long period of time, the elected leaders will sit down and curve a constituency that just has elements from Suba or curve wards of element from Suba. They could as well curve counties from people with a common historical origin. Mr. Chairman, Sir, this House should not allow this particular Clause to pass. I support this amendment and hope that we will make the right decision."
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