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"id": 182968,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/182968/?format=api",
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"type": "speech",
"speaker_name": "Mr. Lesrima",
"speaker_title": "The Assistant Minister, Ministry of State for Provincial Administration and Internal Security",
"speaker": {
"id": 178,
"legal_name": "Simon Saimanga Lesirma",
"slug": "simon-lesirma"
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"content": " Thank you, Mr. Temporary Deputy Speaker, Sir. The long-term goal of the Kenya Government has been to deliver services efficiently with a major objective of taking services closer to the people. Various speakers have indicated that, indeed, services go closer to the people when they have districts but we also know that services go closer to the people also through the constituencies because we have a number of other resources that are directed towards them such as the Constituency Roads funds, the Constituency AIDS Committees funds and youth and women funds. I believe they are funded at the constituency level. However, of course, there are advantages in having districts because they have budgets. Government departments such as the medical and public health department, district hospitals, the National Social Security Fund (NSSF)--- Job opportunities arise when a new district headquarter is set up. Infrastructure development and business opportunities also arise when new districts are created. Mr. Temporary Deputy Speaker, Sir, the Government has continuously carried out an assessment to review these needs and to take appropriate measures to satisfy them. The Government has been issuing gazette notices informing the public of the intention to create new districts, to be curved from various districts following several requests made by leaders across the country. I wish to inform the House that at Independence, we had 41 legal districts in the country including Nairobi area. I say 41 because the creation of districts is a constitutional matter and, indeed, Members referred to a case where one Member took the Government to court on this matter. We had 41 legal districts including Nairobi area which was at the time a district as well as a province. The 1992 District and Provinces Act, Act No.5, which was passed in this House in June 1992, recognised 46 districts plus one district, that is Nairobi area; totalling 47 districts. Subsequently, 24 other districts were created between 1992 and 2002 through Executive October 22, 2008 PARLIAMENTARY DEBATES 2911 pronouncements. Further to that, the Government has gazetted an intention to create more 78 more districts. This has brought the number of districts in the country to 149 and there is still more pressure on the Executive to create more districts. Creation of new districts is based on other criteria other than the constituencies, such as the population density and geographical and physical features, which hon. Members have alluded to in their contribution. In some constituencies, for example, Embakasi, we have 200,000 voters although it may be a small area in terms of size. There are also geographical physical features. The hon. Members have told us about the sizes of certain constituencies. For example, North Horr Constituency is 34,000 square kilometres. Laisamis Constituency is 24,000 square kilometres. They are now districts. Previously, the larger Marsabit was 69,000 square kilometres. Mr. Temporary Deputy Speaker, Sir, another consideration is the internal harmony of the population, security demand and socio-cultural affinities. There are cases where communities do not want to be split on ethnic base. There are situations where communities want to be on their own. Mr. Temporary Deputy Speaker, Sir, the other considerations, of course, are land size, management, consent and development. If the constituency meets the above criteria then it should be considered. All Kenyans are equal even where it is not heavily populated. The Kenyan who occupies seven square kilometres should have the right to access Government services such as security, education and so on. In fact, if I may repeat, several districts in the Arid and Semi-Arid Lands (ASALs), including Turkana, Samburu, Laikipia, Marsabit, Isiolo and all constituencies in North Eastern Province were made districts. At the moment, we have 69 constituencies which are also districts. We also have four constituencies which have two districts each. It is quite a challenge for the Members of Parliament to manage two districts. We also have some clumsy arrangement where you have a constituency with one-and-three quarters districts or a constituency with one-and- a-quarter district, in the sense that it has a division. Some of these issues will be sorted out in the current delineation exercise to determine boundaries of the districts within the District and Provinces Act 1992. I really would want to request Members of Parliament to familiarize themselves with the District and Provinces Act, of 1992 because it defines the boundaries. A copy of that Act can be obtained from the library here in Parliament. When we talk about creating new districts, we are creating new districts within the current districts, following divisional administration and constituencies boundaries or whatever the leaders may wish to pass, since the creation of districts requires a consultative process. Mr. Temporary Deputy Speaker, Sir, the creation of districts is a constitutional matter. Let me say once this delineation exercise is completed, a Bill will be preferred to this House to amend the District and Provinces Act of 1992. As of now, already the delineation of 116 districts has been completed. This is why I must congratulate hon. Kaino for bringing this Motion. Indeed, he has brought this Motion at the right time. This is really the time to bring this Motion to the House for the Government side to act quickly on the matter. But let me say that we also need to respect boundaries. This is because in the recent past, boundaries have been a source of conflicts, particularly among the pastoralist communities. I know that the pastoralist communities move from one district to another to look for pasture. Sometimes, they even move across international boundaries. I would urge Members of Parliament to continue to remind our people that we do have legally recognized boundaries internationally and locally. When you want to move from one area to another, it is good to consult. It is good to have grazing committees, in the case of pastoralists, which the Provincial Administration is willing to facilitate. Indeed, in the Ministry of State for Provincial Administration and Internal Security have a 2912 PARLIAMETARY DEBATES October 22, 2008 department which is responsible for peace and peace committees. Mr. Temporary Deputy Speaker, Sir, in conclusion, I want to say two things. First, it is important for hon. Members to remember that there are enormous financial implications in setting up a district in every constituency. The biggest challenge that we have at the moment is the provision of Officers Commanding Police Divisions (OCPDs). Some OCPDs are manning three districts. There is still one OCPD covering the original Turkana District which is 77,000 square kilometres. The same applies to the one covering original Samburu District covering 24,000 square kilometres and the original Marsabit District covering 69,000 square kilometres. Of course, according to the Police Act, there is a procedure for creating more OCPDs. But importantly, the costs of setting the infrastructure for the OCPD, deputy OCPD, police stations and so on, are enormous. We will require the support of this House when it comes to budgetary allocation. Finally, as I said, this is a constitutional matter. I am not clear myself - reading the mood of the country - whether a new Constitution will come in a year's time. I urge that we engage ourselves in this process which Kenyans consider urgent rather than wait for the process of the Constitution to implement it, because there is so much pressure for the creation of districts in this country. With those many remarks, I beg to support."
}