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{
    "id": 1399222,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399222/?format=api",
    "text_counter": 212,
    "type": "speech",
    "speaker_name": "Sen. Wambua",
    "speaker_title": "",
    "speaker": {
        "id": 13199,
        "legal_name": "Enoch Kiio Wambua",
        "slug": "enoch-kiio-wambua"
    },
    "content": "Mr. Temporary Speaker, just to make reference to it, maybe I should start with the first county, 001, Mombasa. I am not very sure because Sen. Faki is not here, but he is coming back. The boundary of Mombasa defined in the First Schedule as commencing at the centre of the mouth of Mtwapa Creek on the coastline of the Indian ocean, thence due East to the limit of the territorial waters of the Indian ocean. The descriptions of these counties leave no doubt to an average reader that somebody is just deliberately creating confusion. Boundaries and definition of boundaries should be done in simple and straight language that anybody reading where they are, will know where it is. When we are told that Kitui County- that is where I want to go- and I am the elected Senator of Kitui County serving my second term, I have difficulties understanding that Kitui County commences at the confluence of the Rojewero (Mackenzie) Tana River, thence south-easterly by a straight line to the trigonometrical beacon Katumba; thence continuing south-easterly by straight line to the beacon Kandelongwe. This is “Greek”. Why not just define our boundaries using features and language that is easy and straightforward to understand? I know that Sen. M. Kajwang’ is of course not guilty of this. He has put it here so that he may buttress his reasoning for coming up with a better system of dealing with our counties and the boundaries. Mr. Deputy Speaker, Sir, I want to briefly comment on Part 1, Part 2 and, of course, the First Schedule of the Bill. The opening of Part 1 of the Bill says in clear simple language that this is an Act of Parliament to provide for the county boundaries, to provide for a mechanism, resolution to resolve county boundary disputes and give effect to Article 188. That is what I want to comment on. Article 188 of the Constitution begs a provision for a procedure to be followed in establishing boundaries in resolving disputes arising from boundaries and in the composition of an independent commission that is supposed to effect resolutions on boundaries and boundary disputes. Clear reading of that Article of the Constitution is that one cannot alter boundaries or pretend that they can resolve permanently, county disputes in the absence of an independent commission. This Bill seeks to give effect to the formation and operationalization of that independent commission. How I pray that when we get there, the commission that will be set up, which procedure is provided for in the Bill, would truly be independent. I wish Sen. Cherarkey was here because I heard him talk about the people who should form part of that commission. He made reference to age, saying that 20-year-olds should not sit in this commission; it needs people who have institutional memory, which fine. However, age should not be an absolute consideration for people to qualify to sit in that commission. Experience and longevity could be a hindrance to development. When people have entrenched interest in a matter, at times they are unable to think straight. We cannot say that because a man has lived in a county for 20 or 30 years, they understand it. The more you live in a county, the more you have entrenched interest in the county and the boundaries, and the more likely for your views to be blurred by personal interest. 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."
}