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{
"id": 1386091,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386091/?format=api",
"text_counter": 349,
"type": "speech",
"speaker_name": "Rarieda, ODM",
"speaker_title": "Hon. (Dr) Otiende Amollo",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. The proposal by Hon. Alice Ng’ang’a is an important one. It looks timely but it might be dangerous. It might be so because it pre-empts a more fundamental issue that we, as the two Houses of Parliament, are called upon to deal with, that is, the NADCO Report, which this House and the Senate adopted. The Speaker committed it to the joint Departmental Committees on Justice and Legal Affairs, co-chaired by Hon. George Murugara. The Joint Committee had its first sitting already. Without pre-empting anything, since I am not the Chairperson, I am aware that we are resuming meetings tomorrow and had agreed to meet weekly. A very fundamental proposal has been made in the NADCO Report: To change the period contemplated by the Constitution from between eight and twelve years and to extend it to 15 years. The urgency of such a consideration ceases depending on how that discussion is held. It is then postponed and it gives enough time for everyone to think through this matter. To adopt such a proposal right now undermines those proposals in the NADCO Report. This will finally end up in some level of confusion. To that extent, this proposal is premature. Secondly, a similar proposal is in the face of the Constitution. We found it necessary to protect the constituencies initially from the first review, that is, in Schedule 6(27) of the current Constitution. The idea of interfering with any of those constituencies was foregone when the first review was undertaken. I believe it was in the year 2012. Therefore, there was no interference. Such provisions are usually contained in transitional parts of the Constitution; not in the substantive part of a Constitution because, then, you are entrenching something for posterity. You might need to deal with it differently. To that extent, in so far as the idea to amend Article 89 Constitution on its very face is concerned, it becomes dangerous. In its stead, we should even consider an extension of Schedule 6(27) in the event that it is what we wanted to deal with."
},
{
"id": 1386092,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386092/?format=api",
"text_counter": 350,
"type": "speech",
"speaker_name": "Rarieda, ODM",
"speaker_title": "Hon. (Dr) Otiende Amollo",
"speaker": null,
"content": "Thirdly and more importantly, Article 89 of the Constitution gives various parameters and the jurisdiction for this is not for the House; it is for the Commission. This House cannot arrogate itself a task expressly reserved for an independent commission. In the event that we get there, the idea of preserving all constituencies; not just the ones in danger of being affected but all existing constituencies, will be presented to the Commission. I have often told many of my colleagues that, except that the timing is wrong, the idea of delimitation and the Commission considering the boundaries is not one we should fear because the Commission can consider it. The Commission can look at all the constituencies and say it has reviewed and agreed that it is not adding any constituency or that it is not going to affect any boundary. By doing that, the Commission will have done its constitutional duty. Indeed, that is still a possibility that exists. It does not require pre-empting. For that reason, it is my considered view that this is a matter that should not be considered at this point. If it is to be considered, it should not be in the body of the Constitution The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1386093,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386093/?format=api",
"text_counter": 351,
"type": "speech",
"speaker_name": "Rarieda, ODM",
"speaker_title": "Hon. (Dr) Otiende Amollo",
"speaker": null,
"content": "but in the Schedules. This is a matter that is premature in light of the Report of the National Dialogue Committee (NADCO) and it is a matter that is pre-emptive in terms of the jurisdiction of the Commission. Therefore, Hon. Temporary Speaker, I do not support."
},
{
"id": 1386094,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386094/?format=api",
"text_counter": 352,
"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
"slug": "george-peter-opondo-kaluma"
},
"content": " Hon. Otiende Amollo…"
},
{
"id": 1386095,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386095/?format=api",
"text_counter": 353,
"type": "speech",
"speaker_name": "Mbeere North, DP",
"speaker_title": "Hon. Ruku GK",
"speaker": null,
"content": " Hon. Temporary Speaker, I have an interjection."
},
{
"id": 1386096,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386096/?format=api",
"text_counter": 354,
"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
"slug": "george-peter-opondo-kaluma"
},
"content": " You cannot raise an interjection after Hon. Otiende Amollo has concluded. Hon. Otiende Amollo, just for the benefit of the House, as a former member of the committee of experts which birthed this Constitution, what under this Constitution is meant by a commission?"
},
{
"id": 1386097,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386097/?format=api",
"text_counter": 355,
"type": "speech",
"speaker_name": "Rarieda, ODM",
"speaker_title": "Hon. (Dr) Otiende Amollo",
"speaker": null,
"content": " Thank you."
},
{
"id": 1386098,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386098/?format=api",
"text_counter": 356,
"type": "speech",
"speaker_name": "Hon. Peter Kaluma",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 1565,
"legal_name": "George Peter Opondo Kaluma",
"slug": "george-peter-opondo-kaluma"
},
"content": " Asked another way, something like the conduct of elections is the role of the Commission. Is the Secretary to the Commission, who should also be the CEO of a commission, be a member of the Commission?"
},
{
"id": 1386099,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386099/?format=api",
"text_counter": 357,
"type": "speech",
"speaker_name": "Rarieda, ODM",
"speaker_title": "Hon. (Dr) Otiende Amollo",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. To the extent that you prompted me, I had forgotten to talk about the other proposal by my friend, Hon. Bashir Sheikh, which is also on the Floor. It proposes that when the Independent Electoral and Boundaries Commission (IEBC) is not constituted, the Secretary of the Commission can perform the functions of the Commission that are limited to conducting by- elections under Article 101(4)(b) of the Constitution. Hon. Temporary Speaker, that proposal would be flatly unconstitutional. We do not even have to give the answer in this House. The organ that is mandated to interpret the Constitution has severally interpreted and stated that a commission, to the extent of the role of a commission, is the commissioners and it is only them who can undertake that role. If we were to be in a situation where we can forego or do without commissioners, we would have fundamentally affected the structure of the Constitution in a way that runs contrary to the finding of the High Court, which has pronounced itself on this. There is one thing that we must focus on, and I keep coming back to the NADCO Report because the urgency of this is obvious. Rather than debate all these proposals, let us fast-track the NADCO Report and appoint commissioners so that we have substantive commissioners whom we can deal with. It is for a good reason that this House endorses those commissioners and removes them if they misbehave. That is why they are commissioners. So, Hon. Temporary Speaker, the answer was provided by the High Court previously."
},
{
"id": 1386100,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386100/?format=api",
"text_counter": 358,
"type": "speech",
"speaker_name": "Mbeere North, DP",
"speaker_title": "Hon. Ruku GK",
"speaker": null,
"content": " On a point of order, Hon. Temporary Speaker."
}
]
}