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"speaker_name": "Sen. M. Kajwang’",
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"legal_name": "Moses Otieno Kajwang'",
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"content": "The Act of Parliament that has made that prescription is not one, but two. The Elections Act under Section 36(1)(f) and 36(8) has defined the number of Members of the County Assembly to represent marginalised groups as four. The County Governments Act under Section (7)(1)(a) has defined the number to be six. The Independent Electoral and Boundaries Commission (IEBC) has decided to take the provisions of the Elections Act. It has been implementing the four seats per county assembly rather than the six seats that have been prescribed under the County Government's Act. When the County Government's Act was enacted, it was hoped that this would be the Bible on matters to do with devolution. Indeed, I want to encourage the Committee on Devolution and Intergovernmental Relations, which has been doing a review of the County Governments Act, that it is time for a comprehensive assessment and review of that Act. You have seen many scenarios that are avoidable but cannot be resolved because of the County Governments Act. There are small things, like relationships between governors and their deputies, county assemblies and the kind of powers they have, and procedures for impeachment. I want to encourage that this House goes for the upper threshold when it comes to representation of marginalised groups, and not the lower threshold that has been picked by the Independent Electoral and Boundaries Commission (IEBC). Sen. Olekina, while speaking to this matter, was wondering whether certain forms of inability are considered to be disability. This is such a sensitive matter that cannot be left to personal interpretation. That is why the Ministry of Health in 2022 came up with Disability Medical Assessment and Categorisation Guidelines and they are very clear on the types of disability that are recognised. They talk about physical impairment, visual impairment, hearing and speech impairment, mental health disorders, chronic progressive disorders, maxillofacial disabilities and others. They are all there. Sen. Ogola and I have a mutual friend who used to be an MCA. He has a stuttering condition. In those guidelines, even stuttering is defined as speech impairment. Someone who stammers is qualified for nomination as a representative of PWDs. 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."
}