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{
    "id": 1399204,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399204/?format=api",
    "text_counter": 194,
    "type": "speech",
    "speaker_name": "Sen. Cherarkey",
    "speaker_title": "",
    "speaker": null,
    "content": "When you reply on the issue of public land, especially forests and other things, respond to what we should do when we find out that the boundary of a forest has been altered. For example, what happens if the cut line of Mau Forest, Tinderet Hills or the Bungoma Hills, has been altered? I challenge the sponsor to ensure that is looked at. On concurrence resolution, it should be as easy as is in Clause 44. If the mediation committee arrives at a common resolution, each House shall vote to approve or reject parliamentary mediation. That is very easy, we can go for Division. I do not know what we should do because it will create disharmony. For example, if you are to alter the border between Nandi and Vihiga counties, how will Sen. Otsosi and Sen. Cherarkey vote? What will be the implication? We should also be careful so that we do not antagonise communities who have lived side by side historically. This is because some names have been changed. In Nandi, we used to have Nandi Escarpment. However, the people doing maps called it Nyando Escarpment, yet it is in the middle of Nandi, around Chemase, around Tinderet Sub- County towards Chemelil-Chemase ward and also, parts of Aldai constituency. There are names that have been changed over time. We must agree under this Bill on the renaming of some of those areas. Why would we call it Nyando Escarpment yet it should be Nandi Escapement? Those are some of the challenges that we should look into. I agree on the resolution. On presentation of a petition, a petition shall not be admissible by the Senate. However, I think that it should be “a petition shall not be admissible by the Senate or National Assembly where a general election is to be held within one year.” Mr. Temporary Speaker, Sir, the Sponsor of the Bill should look at the wording. The Constitution under Article 93 says that Parliament comprises both the National Assembly and the Senate. Therefore, you can either present a petition to the Senate or the National Assembly. We should be careful so that we do not give fodder to our brothers in the National Assembly who have a habit of shooting down our Bills. By and large, I agree with the Bill. I hope when it comes to the Committee of the Whole, this time round, with the spirit of your office of co-sponsoring and the interpretation of Article 113 in terms of Money Bills and other challenges, we shall allow it to pass as Parliament. This is what will spur the issue of boundaries. The National Assembly should be busy ensuring that the IEBC is reconstituted. These constituencies called “protected constituencies” should be working with us to ensure IEBC is properly reconstituted. Therefore, when we pass such laws, there is a way they can ensure that going into the future. I do not know where Sen. M. Kajwang’ got the schedule and how this has been done. I believe it is probably from the 1992 district map that was used in the Districts and Provinces Act of 1992 for drawing district boundaries. These counties are intertwined. Over the weekend, I was in Kapcherop. This is a forest that borders Pokot South, Moiben and Cherangany in Kitale. On this other side, it borders Marakwet East and Marakwet West. So, these communities are the same. When you meet a Maasai of Kenya and a Maasai of Tanzania, they are the same people. When you go to Mt. Elgon, you have Kalenjins of Kenya and those of Uganda. These boundaries were just put there by our colonialists. I ask Kenyans, even as we pass 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."
}