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{
    "id": 1064956,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1064956/?format=api",
    "text_counter": 316,
    "type": "speech",
    "speaker_name": "Emurua Dikirr, KANU",
    "speaker_title": "Hon. Kipyegon Ng’eno",
    "speaker": {
        "id": 1453,
        "legal_name": "Johana Ngeno Kipyegon",
        "slug": "johana-ngeno-kipyegon"
    },
    "content": " Thank you, Hon. Speaker. First I want to state that I am a Kenyan by birth, blood, spirit and by everything else. I have a right like anybody else to delve into this constitutional making process and to give my thinking on it. I want you to look at Article 89 of the Constitution. It gives IEBC the mandate to delimit the constituencies and wards. When you look at this BBI Bill, it proposes to delimit certain constituencies in certain counties without amending the Article that mandates IEBC to delimit. One, I am seeking your guidance if it is constitutional for the BBI proponents to delimit constituencies without amending that Article of the Constitution that gives IEBC the mandate to do delimitation. Two, there is also a proposal to make NG-CDF legal by having it as part the Constitution. If you can remember, NG-CDF was annulled by the courts based on Article 95 of the Constitution. Hon. Speaker, I seek your indulgence, not the indulgence of Members. The court based its annulment on Article 95 of the Constitution. It gave Members of Parliament as oversight roles. This Bill has also proposed the creation of CDF without amending Article 95 of the Constitution to allow Members of Parliament to perform oversight roles and at the same time act as the Executive. Three, this Bill seeks to make this country a parliamentary system. There is separation of powers. If we want to have ministers in this House, that means we are making this country a parliamentary system. The proponents of BBI never proposed amendments to Article 95 of the Constitution, which also talks about separation of powers. Will it be constitutional to create a parliamentary system without amending the parts that speak to separation of powers? I thank you, Hon. Speaker."
}