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{
"id": 208811,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/208811/?format=api",
"text_counter": 245,
"type": "speech",
"speaker_name": "Mr. Wako",
"speaker_title": "The Attorney-General",
"speaker": {
"id": 208,
"legal_name": "Sylvester Wakoli Bifwoli",
"slug": "wakoli-bifwoli"
},
"content": " Mr. Speaker, Sir, they say that this amendment, in so far as it deletes the existing Section 33, which provides for nominated hon. Members, is discriminatory against men. However, I want to say that this Section 82 cannot, by any stretch of the imagination, be taken as an argument to say that this constitutional provision, that we are bringing in, is unconstitutional. It is like saying that one section of the Constitution can be used to declare another section of the Constitution unconstitutional. If this amendment is passed, it will be part of the Constitution and, therefore, will itself be constitutional. What has been provided for here, particularly for women, is not a nomination. I think part of the argument, and what is at the back of everybody's mind, is that somehow these 50 women will come in under nomination. It will not, by any stretch of imagination, be a nomination! It will be through a process that, in fact, had also been recommended, to some extent, by the Constitution of Kenya Review Commission (CKRC). It is a process that provides the basis of election in other developed countries, the proportional representation election. So, they will come in, not through nomination, but through an election. If the provisions of the proposed constitutional amendment are adhered to, then the ultimate number of 50 will be representative of Kenya as a whole, because one of the principles that must be followed under the proposed provisions is what we call \"geographical distribution\". Although there will be party lists, which will follow this principle, at the end of the day, when you are now thinking about the 50, the Electoral Commission of Kenya (ECK) will have to ensure that those who will be ultimately recommended to be elected through that system, represent the entire geography of Kenya. So, Mr. Speaker, Sir, on the count of increasing the number of constituencies, this Bill is long overdue. On the count of having affirmative action, which is really the only way, as I have shown, in which all these other countries have achieved this objective, a constitutional amendment is required. This Bill is a double---"
}