HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1384886,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1384886/?format=api",
"text_counter": 852,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": "out. In fact, we should be moving with speed to enact this into law so that we do not face the circumstances that we are faced with. To begin with, we do not have any IEBC commissioner. Therefore, even if this House comes crumbling down and we all go to meet our Maker, God forbid, the constituencies will not get Members of Parliament unless the law is amended. We will be told that there are no commissioners of IEBC to conduct the by-elections. I am curious what IEBC commissioners do when it comes to running by-elections. Administrative matters are handled by the CEO, who is the Secretary to the IEBC. A by- election is a mini-election. It is not even a small general election as it happened in 1966 when Members of the Opposition crossed over into the ruling party. The truth is that a by-election can comfortably be run by the CEO of the IEBC, who is the Secretary. Therefore, it behooves this House to amend Article 88 of the Constitution and bring in that proposal, which is now on the Table of the House, that where the Commission is not fully constituted, the Secretary to the Commission, who is also the CEO, will perform the functions of the Commission related to the conduct of a by-election under Article 101 of the Constitution. Currently, Banissa Constituency does not have a Member of Parliament. It is totally unfair, unjust, and unconstitutional for people to remain for more than eight months, or whatever number of months, without representation in this august House. We should favorably consider this proposal. We never imagined that we would go for more than one year without commissioners of the IEBC after the expiration of the terms of the previous commissioners. It is now almost a year-and-a-half. However, here we are. This is a problem which we must address today. Therefore, Major (Rtd) Bashir, as other constitutional proposals are brought to this House, whether through the National Dialogue Committee (NADCO) or whatever door, please insist that this constitutional amendment also comes to the House. We know the problems that we experience with constitutional amendments. One cannot muster the numbers. There is a possibility that we will muster the numbers with regard to the proposed amendments by the NADCO. Your proposal should also be included so that we muster the numbers, pass it, and cure a recurrent problem in this country. Thank you, Major (Rtd). Hon. Alice came up with an excellent proposal. You cannot take away the people's vested rights. The people in protected constituencies have vested rights in those constituencies. They have enjoyed constituency rights for the number of years that the constituencies have existed, including the NG-CDF, employment, and representation in the House. Therefore, their rights have accrued. There is no way that this House can approbate and reprobate at the same time. As we speak for the constituencies, we must also speak for the protected constituencies. My view is that we should remove that protection by saying that we have 290 constituencies. No constituency will be mentioned with or without protection. They are all substantive constituencies. We will look at that provision and see whether we must protect them, extend the protection, or remove it so that no constituency is termed as a protected constituency. The citizens in those constituencies are waiting out there, whether in Nyeri or Kilome, which has also been mentioned. The citizens in those constituencies would never accept their removal. The constituents are vested in those constituencies and they expect all the rights that appertain to constituencies in terms of representation, like all other constituents. I know that the matter will come before the Departmental Committee on Justice and Legal Affairs. We will conduct public participation, but I can almost bet that the ideas that we have shared today are the same ones that Kenyans out there have as regards the IEBC, by- elections, and protected constituencies."
}