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{
    "id": 1013623,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1013623/?format=api",
    "text_counter": 36,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "There is no dispute on boundaries. The dispute is alteration. How do you alter a boundary now that it has been established under the Schedule? Sen. (Prof.) Ekal talks about international boundaries. Article 5 contemplates an Act of Parliament to establish our territory as Kenya. Those who live around the boundaries of Kenya, including the Senator of Kwale cannot establish the boundaries of our international neighbours yet we do not have boundaries of counties. It is the same way we had a contradiction that every Member here knows their ward and constituency. However, when it comes to county boundaries, there is a dispute as to where your boundary is. Is that not a contradiction? I sat here when Sen. Murkomen and Sen. Sang championed a law that would take away our jurisdiction to determine our wards and it is in the National Assembly. Although I issued all these memoranda to Sen. Haji, this is the only jurisdiction other than the amendment of the Constitution where you will require a super majority in both Houses. Therefore, altering the boundaries of the counties is as difficult as amending the Constitution. The first time we find the alternative dispute resolution, which I had contemplated, I am not quite sure which Committee this one was committed to. An alternative dispute resolution to resolve the questions that Sen. Khaniri and to correct one Member who said it is the second Petition, Sen. Khaniri has read four Petitions so far about county boundaries. I hope that the people we were working with to ensure that we have a good formula, Team Kenya, can wake up one day and speak about the boundaries of counties as an agenda for the country because it is important. Wait for the day when Kirinyaga County discovers that it has something underground. Wait for the day that Isiolo County will discover that it has an asset, or a mineral underground. Wait for the day Nakuru County will discover that it has oil; there will be war and that is what we are trying to resolve. The former Commissioner, Eng. Abdullahi Sharawe, from the Independent Electoral and Boundaries Commission (IEBC) gave me the documents that have been used since 1963. You will be surprised that in 1962, we had a boundaries commission. It is the same framework that is in Article 188 that I had proposed. It is that commission that is proposed under Article 188 that led the National Assembly to say that this is a money Bill. According to the Constitution, there must be an independent commission. We suggested that we can have an independent commission that waits for disputes. It is only setup when a dispute is confirmed to exist, for example, between Kajiado and Taita Taveta, Isiolo and Meru counties where many people have died. Mr. Temporary Speaker, Sir, I cannot see the Chairperson of the Standing Committee on Lands, Environment and Natural Resources, I would prefer that this is handled by Sen. M. Kajwang’, the Chairperson of the Standing Committee on Devolution and Intergovernmental Relations. This mandate should not lie with the Standing Committee on Lands, Environment and Natural Resources. This Petition should lie with Standing Committee on Devolution and Intergovernmental Relations to the extent that we are challenging you to find an The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}