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{
    "id": 1067434,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1067434/?format=api",
    "text_counter": 264,
    "type": "speech",
    "speaker_name": "Mukurweini, JP",
    "speaker_title": "Hon. Anthony Kiai",
    "speaker": {
        "id": 13439,
        "legal_name": "Anthony Githiaka Kiai",
        "slug": "anthony-githiaka-kiai"
    },
    "content": " Thank you, Hon. Speaker. I will start from where I left. I want to congratulate you for the ruling that you made today. It is very deep with a big impact which sets a precedent and, therefore, it will be used in future parliamentary engagements on similar issues. You have already quoted extensively from the Justice and Legal Affairs Committee (JLAC) Report, where I am a Member. I am proud to have participated in this momentous occasion of amending the Constitution. Hon. Speaker, there are two issues that came out during the deliberations. One of them is whether or not there is an error in that Report. The issue is with regard to Article 87(7) and Article 89(7). I want to say that the error on the face of the record does not in any way change the substance of the Report. The Report was discussing the issue of delimitation of the constituencies. If you look at the deliberations too, it was captured very well by the JLAC Members. The Article is not fatal. If you look at Article 103 of the Constitution, you will realise that it omitted sub-section (2). It only has sub-section (1) and then it continues to sub-section (3). Nobody has ever raised the issue of the legality or otherwise of the Constitution yet it has been in operation for the last 10 years without any issue. I want to submit that Articles 87(7) does not exist in the first place. Article 89(7) was talking of delimitation. The error on the face of the record is not fatal. The other issue is about delimitation of the additional 70 constituencies. I submit that the will of the people, the sovereign power, is captured in Article 1 and that power lies with the people of Kenya. They have the mandate to change any section of the Constitution. They are the ones who created the Independent Electoral and Boundaries Commission (IEBC). They are the same people who created that Article. Under Article 1 of the Constitution, they have the exclusive mandate to amend any section of the supreme law and make any law in this country. 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."
}