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"id": 1064097,
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"type": "speech",
"speaker_name": "Sen. Sakaja",
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"legal_name": "Johnson Arthur Sakaja",
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"content": "Mr. Speaker, Sir, there is a difference between a popular initiative and a parliamentary initiative in terms of who originates it. A parliamentary initiative does not need a threshold of one million signatures before it comes to this House. It also does not need approval of 24 county assemblies. The reason there is a higher threshold and that is why I have given the precedent, I have quoted the case law in India, it is the people who ultimately make the decision at a referendum. If the people agree that those five constituencies, for example, be added to Siaya County or two be added in Nandi County or 12 be added in Nairobi City County, it is so. It cannot be unconstitutional. I disagree there. Mr. Speaker, Sir, if you allow me to go on, clearly, there is no point of order there. On the process of delimitation, for instance, I know the BBI will pass. When it passes, there will be 360 constituencies. These 360 constituencies have been defined in terms of where they will be. I think there are a few in Kilifi, Kiambu and other places. For those in Kiambu, Murang’a or Uasin Gishu, for instance, the authority to determine the boundaries, the population quota, where these constituencies will start or end is the role of the IEBC. This BBI has not touched on that role. I hold that as unconstitutional."
}