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{
    "id": 1111600,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1111600/?format=api",
    "text_counter": 317,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "will be finally adopted to be the framework with which the Bills can move from this House to the other. That is the history of this Bill. It is not producing anything new, but helping in two ways. One, it is operationalizing Article 188 of the Constitution. For avoidance of doubt, Clause 6 of the Bill recaptures that position on two things. One, unlike the situation where people were saying that we were forming many commissions, this is an ad hoc commission, which shall be established only when and if there is a need to resolve disputes between two counties. Secondly, in this framework of dispute resolution the IEBC was deliberately denied that responsibility by the Constitution. There is a reason to that. If you listened to the moving notes of the owner of this Bill, Sen. Mutula Kilonzo Jnr., you realize that one of the reasons IEBC does not have jurisdiction when it comes to delimitation of county boundaries, is because boundaries were not intended to be moved anyhow. It is like the state boundaries in the USA. You can change all other internal boundaries within states, but the USA by its Constitution, recognizes the 50 states. In the same way, our Constitutions recognizes the 47 counties, which are our mini states in the context of our constructional order. There is a history also as to why we have 47 counties. Anybody who was following the constitutional review processes and was close to what was happening across the country, we had reached a stage where almost got 14 regions to become the main arm of devolution. We were then going to have county councils under the 14 regions. If you read the history of Naivasha and the constitutional review process in the country, Nakuru became the biggest problem. This is because when discussion on divisions of North, South and Central Rift ensued, the question of ethnic composition of Rift Valley became a very thorny issue, to the extent that it was impossible for the parties in the constitutional review negotiation to agree. They could not agree on whether Bomet and Kericho would be put together with Nakuru and Baringo, and whether some people would be more minority than others and political imbalance within the region would be affected. As a result, parliamentarians having negotiated for a long period of time, settled on the district boundaries of 1992 that Sen. Mutula Kilonzo Jnr. has ably moved and spoken to in so far as the establishment of districts are concerned. That became a very good compromise because these were entities that were a bit stable. They were not dished out politically, like the case was later when districts were given out for political considerations. These were a more well considered districts at that point in time by 1992. As you can see, from the boundaries that have been established as part of this Bill the boundaries that are being given here, are the ones that were there in 1992. Therefore, you ask yourself, that if the boundaries have already been established here in this Bill, why would you have a Mediation Committee or a Commission to deal with the disputes? It is because even though you are talking about this this river versus the other river, you will find that some rivers are seasonal and they have moved."
}