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"id": 1399203,
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"speaker_name": "Sen. Cherarkey",
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"legal_name": "Cherarkey K Samson",
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"content": "“A commission established under shall within 90 days of receipt of the petition.” Since the issue of boundaries is sensitive, I would propose that three months is a bit shorter. If we are looking at historical boundary issues, we cannot tell me that 90 days is sufficient. I wish the sponsor of the Bill would listen very keenly as I dispense wisdom on this. He should have a notebook and a pen because I am making Solomonic directions from here. Mr. Temporary Speaker, Sir, on the issue of petition, looking at historical issues, including injustices - you are the Chairpersons of the Justice and Legal Affairs Committee and you understand this - six months should be sufficient, so that we get into the in-depth of the challenges. I think 90 days is not sufficient. I happen to have been taught by the Senator of Kisumu and he has written a book called Conveyancing . When you read the first line in the front page of that book, it says “land is an emotive issue”. It goes ahead and says “land is the identity of a real man.” In my culture, and even in the African set up, if you do not have land, you are nobody. Therefore, land is a sensitive issue. Today when you go and say I want to listen to an issue of Kisumu and Nandi, it can shock the entire counties. Today if you go to Sondu and listen to a submission in Kisumu and Nandi, Kakamega, Taborwa between Chimoi and Nandi and Kakamega and Mosop, you might find the entire county will come there. Mr. Temporary Speaker, Sir, let us add more days like six months so that we become thorough when we are presenting our position. I am happy they have included members of the public, which is provided for under Article 118 in terms of public participation. On Clause 41, I will combine with the other clause as those are just procedural issues. This issue of 14 days under Clause 42 where it says the commission shall within 14 days of expiry of the period specified--- I would propose that we change it into three months now. This is to finalize the report because of report-writing, review and ensuring that we go through all that. The Sponsor of the Bill, Sen. M. Kajwang’, should relook at that so that we give them time after submission and review. Let us give them a maximum of 60 days or 90 days. I am happy that Clause 43 has captured this. I agree with them that where the commission does not recommend alteration of the boundaries of a county, no further action shall be taken in respect of a petition. If there is a recommendation for alteration of the boundaries, the Senate shall within 14 days resolve to either approve or reject the recommendation. Mr. Temporary Speaker, Sir, Members of the National Assembly have a habit of shooting down our Bills. We should use the word “Parliament” so that we fast track our Bills. If we use the word “Senate”, they will go and shoot down our Bills. In the spirit of your direction and the chair of co-sponsoring, we can agree to put “Parliament” instead of “Senate”. When altering boundaries, they are within those constituencies. That is why in the last session when the issue of security came to this House, some people argued that it is a national Government function, but it is within counties. Therefore, in the spirit of good faith, let us just say “Parliament” so that we include the National Assembly and pass this Bill. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}