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{
    "id": 1065616,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1065616/?format=api",
    "text_counter": 83,
    "type": "speech",
    "speaker_name": "Ndaragwa, JP",
    "speaker_title": "Hon. Jeremiah Kioni",
    "speaker": {
        "id": 49,
        "legal_name": "Jeremiah Ngayu Kioni",
        "slug": "jeremiah-kioni"
    },
    "content": "There is the issue of the referendum. Again, there are those who have argued that we needed multiple choices. But again, in the 2010 Constitution, we used one question which was a “yes” or “no”. So, we do not need to belabour that issue for too long. There is the question of 70 constituencies. I must agree entirely with the presentation that was made by Mheshimiwa Kabinga. He made it easy for Kenyans to understand. They were not created arbitrarily. There is a reason. In fact, a formula was used. The promoters picked this because it is an issue that had been nagging many of us. I will want to deal with the aspect of the mandate of the IEBC. The mandate of the IEBC is not to create constituencies. It is to deal with boundaries. The mandate to create constituencies is with Wanjiku. Wanjiku has added 70 constituencies for the reasons that she has given. The IEBC now has the work of ensuring that the boundaries are cut out. That is the mandate of the IEBC. As Mheshimiwa Kabinga has done, he has demonstrated to us how those 70 constituencies were arrived at. One cannot remove the power to do that from Wanjiku. When we had the protected constituencies, and Ndaragwa is one of them. Again, it was Wanjiku who said: Yes, we now have 290 constituencies. I think 27 of them were going to be extinct. Only that Wanjiku decided the 27 constituencies remain protected for X number of years, which was expiring around this year or next. Given the formula that has been put across, we thank God and we are happy. I can tell you that the people of Ndaragwa, the people of Nyandarua and elsewhere will be supporting this because we were to be part of the people who were going to cease having a constituency! With this amendment, we now have constituencies that are protected by a clause in the Constitution. We have a right as other Kenyans to continue enjoying the same. Hon. Speaker, I do not want to go back to that issue because I was talking about it, that Kenyans can exercise the power they have donated to us directly. That is what they have done today. I think it is important for us to seize the opportunity when it comes our way next time so that we can propose some of these changes ahead of time. It is important to know that the IEBC has no powers to create new constituencies. This is something that is contained in the Report that we have read. It has powers to determine where the boundaries will be only that it cannot create new constituencies as some people say. It is only Kenyans who can add new constituencies. They can align boundaries, but not create new constituencies. It is also important for Members to know that it is very difficult for the IEBC to align boundaries outside a county. So this has come to help us deal with an issue that was going to be a major problem to us as a country, namely: When does a population within a county meet the expected threshold? Now this helps us to deal with that aspect that was going to be problematic. I say this because we had sat with the IEBC and they had raised that as an issue that required the intervention of this House. Again, Wanjiku has decided to do that directly. On the issue of the judiciary ombudsman, I think there is confusion. This office will not impede judicial independence. The ombudsman reports to the Judicial Service Commission (JSC). His findings will go to the JSC. He will not be seen to be implementing them directly. However, it is important that Kenyans have a way of interacting with the judiciary through that office that has been given power. It is also important to know that this office was created by Chief Justice, Willy Mutunga. All that we are doing is to cloth it with some constitutional protection. The former Chief Justice downgraded it. Perhaps, we may be seeing some of the repercussions of Chief Justice Maraga degrading that office. I will leave that issue of the judges. Let me just skip that one. It is important we note that the vetting of CSs has been removed from Parliament for the reason that they will be from here, in this House. If we think that we should bring it back, you can always do so. As it is, vetting by Members has been removed. It is because they will also be sitting 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."
}