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{
    "id": 263752,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/263752/?format=api",
    "text_counter": 116,
    "type": "speech",
    "speaker_name": "Mr. Abdikadir",
    "speaker_title": "",
    "speaker": {
        "id": 1,
        "legal_name": "Abdikadir Hussein Mohamed",
        "slug": "abdikadir-mohammed"
    },
    "content": "On a point of order, Mr. Deputy Speaker, Sir. Is hon. Jakoyo Midiwo in order to mislead the House that Parliament does not have powers over these matters when the Constitution itself gives Parliament those powers? Under Article 82, the Constitution states that Parliament shall enact legislation to provide for the delimitation by the Independent Electoral and Boundaries Commission of electoral units for election of Members of the National Assembly and County Assemblies. Under Article 88(5) the Constitution states: “The Commission (the IEBC) shall exercise its powers and perform its functions in accordance with this Constitution and national legislation.” We passed that national legislation. Under Schedule V of that Act, we said how the IEBC was going to undertake this process. It is very clear. The IEBC had limited time and it was supposed to give that Report, not to Parliament, but to the Departmental Committee on Justice and Legal Affairs which would handle it for two weeks and then report to this House. The House would deal with the matter for one week and then it would go back to the IEBC. At that point, the IEBC is not bound. They are free to exercise its independence. Commissions are not independent unto themselves. They are not a vacuum. The people of Kenya were giving their views. Where they independent of those views? No! On the issue of Parliament and the Commissions, it is important to note that the Commissions are State organs. They are not raia. They are State organs. They are paid out of the State coffers. They are appointed through a legal process. All State organs are subject to the oversight of Parliament. That is the Constitution. Every State organ is subject to the oversight of this House."
}