HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1065234,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1065234/?format=api",
"text_counter": 195,
"type": "speech",
"speaker_name": "Sen. Orengo",
"speaker_title": "The Senate Minority Leader",
"speaker": {
"id": 129,
"legal_name": "Aggrey James Orengo",
"slug": "james-orengo"
},
"content": "was told. It may be creating a parallel system of delimitation of constituencies; one, which is constitutionalized, and one, which can change at any one time. Again, if you look at that part of the Report, it is not left hanging; they tell you that the Committee and the suggestion of the experts that it actually may be much ado about nothing because on a proper construction of that provision, one would ask the question whether the constituencies have been created or not. If you read that Section properly, the debate should really be; is it a provision that is enforceable or is it hanging in the air? To me, that is the reason why I have come to the conclusion that, we may not necessarily need to sever Schedule Two or amend it because the reasoning was – I think there were South African cases that were cited - that a Schedule is part of the Constitution. You cannot amend a Schedule thinking that different rules apply. A Schedule is properly speaking, part of the Constitution and, therefore, severing it offers many challenges. I have heard the cry out there. There is a report by the Kenya National Bureau of Statistics (KNBS) where they are saying, if you look at the demographics and the parameters, a place like Kitui should have had a constituency and that is the expert saying it and not some busy body. They are saying like Meru, should have gotten a constituency, Kisii and Bungoma as well should have gotten a constituency. We should have those constituencies in those areas if you are using the parameters set out in the Constitution. I know in my backyard, there were legitimate concerns from the people of Nyatike, Karachuonyo, Homa Bay and Siaya. In the neighbourhood, I know people of Busia and also by all the accounts, Kakamega is one of the biggest counties by population, even by the number of constituencies, they have now. Explaining how Kakamega was getting two constituencies is a bit of a problem if you are using a scientific method. Others are getting five, others four which they deserve. My position is that they should not be taken away if they deserved but if you are using a scientific process, which has been demonstrated by the KNBS and the Independent Electoral and Boundaries Commission (IEBC) told us that they actually work with the KNBS for purposes of boundaries and delimitations, there is a question mark there. At the end of the day - which I want to persuade our Members here is that - the severance of that Schedule or amendment of that Schedule may not necessarily be the answer. It will not help. It is better to pass this Report as it is because I have looked at so many reports and this is one of the reports that I can say, a lot of brainwork went into it; many experts, our good people, distinguished Senators and Members of the National Assembly. They put their minds in this Report and if you look at the attendance, people were so regular and constant in their attendance, virtually or physically and even when they were abroad, they took part in the deliberations. If you say you want to take some constituencies from a place like Nairobi, there will be an argument about population, and we cannot deny them. One of the parameters is population. It is a debate that is very difficult to win. You will go on and on and people will raise issue with the delimitation of constituencies, even if they are fair and just. The other thing, which was protected was the existing constituencies. You may find an area that may be, overall, they deserve a new constituency, but within it they have 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."
}