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"speaker_name": "Sen. Wetangula",
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"legal_name": "Moses Masika Wetangula",
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"content": "We have overloaded this Bill with things that ought not to have been there. I went through all the submissions by the 47 counties and I did not find a request by any Kenyan for 70 additional constituencies. Here and there were a few people who felt disenfranchised and oppressed by their majority neighbors and they wanted their own constituencies. The Kurias and the people from Mount Elgon Region demanded for their own Counties and those from Kitui asked for their County to be divided. However, I did not see anywhere a request for creation of 70 constituencies. In creating the 70 constituencies, we go ahead in violating the other provisions of the Constitution. The Constitution is very clear. Delimitation of the boundaries of constituencies and wards is an exclusive constitutional preserve of the Independent Electoral and Boundaries Commission (IEBC). They are the ones who work with the other Government organs such as the Kenya National Bureau of Statistics (KeNBS) and listen to Kenyans then determine where to have a constituency. The proponents have sat somewhere and without any justification decided that Kenya deserves 70 constituencies, and allocated them without any rationale. This is not right. In fact, my county of Bungoma was allocated three constituencies without consulting anybody. The Director General of the Kenya National Bureau of Statistics (KNBS) came to the Committee where the distinguished Senator for Machakos was - I think the Sen. Omogeni’s Committee - and told them: “No. Bungoma deserves four and not three.” So on what basis were we given three and not the four that we deserve if the allocation was being rational and scientific and where did our extra one go? Mr. Speaker, Sir, when you look at Nairobi we are creating constituencies. The Constitution is very clear on the parameters, taking into account population, land mass, community of interest, means of communication and all those things. In my humble view, Nairobi needs more wards and not more constituencies because we are going to create constituencies in Nairobi that one will take 10 minutes to walk across. What about North Horr that is physically bigger than the former western, nyanza and central provinces put together and it is still left as one? Where is equity? That is why I do not agree with those proponents who say that we cannot amend this Bill. If you read Article 257 to the letter, nothing ousts the authority of Parliament to amend a Bill including a Bill such as this. Secondly, the law is dynamic. It is growing, it is moving every day and we can set precedents by doing things we have not done before, including amending constitutional Bills."
}