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{
    "id": 263990,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/263990/?format=api",
    "text_counter": 70,
    "type": "speech",
    "speaker_name": "Mr. Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, before we go to the next item on the Order Paper, the Chair has a Communication to make. Hon. Members, the Chair did undertake to give both direction and Communication on the matter that was raised by Mr. Jakoyo Midiwo yesterday morning. The direction has been given and the Report has been laid. But to address the concerns raised by hon. Members who raised very pertinent and important issues on this matter, the Chair is going to give a communication on the same. Hon. Members, during the morning sitting held yesterday Wednesday, 22nd February 2012, Mr. Jakoyo Midiwo rose on a point of order seeking the direction of the Chair on what he described as the boundaries report which is about to make its way to this House. He claimed that as a Whip he had received many calls from hon. Members seeking the way forward and expressing concerns whether the Departmental Committee on Justice and Legal Affairs had any power in law to change the recommendations of the Independent Electoral and Boundaries Commission (IEBC). He argued that under the Constitution, the delimitation of constituencies and wards is a function of the IEBC and that a Member of Parliament is ineligible to sit on the Commission. Hon. Midiwo was concerned about the proper constitutional role of Members of Parliament, the Committee and, indeed, this House, in matters relating to the delimitation of constituencies and wards in general and the IEBC Report in particular and whether specifically, changes could be made to the Report of the IEBC or whether the role of the Committee is limited to merely looking at the Report and then tabling it before the House. Several Members similarly rose on points of order on the matter; Mr. Isaac Ruto, Dr. Bonny Khalwale, Eng. M.M. Mahamud, Mr. Mbadi, Mrs. Odhiambo-Mabona, Mr. Kabogo, Mr. Abdikadir, Mr. Muriithi, Mr. Bahari, Mr. James Orengo, Ms. Karua, Mr. Olago, Mr. Githae, Mr. Ababu Namwamba and Mr. Baiya. The Chair has carefully considered all the contributions made and has come to the view that they raised the following issues:- (i) Whether it is in order for issues relating to a report of the Departmental Committee on Justice and Legal Affairs to be debated in the House and objections raised even though the report has not itself been tabled in the House. (ii) Whether the provisions relating to the first review of the delimitation of boundaries of constituencies and wards set out in the Fifth Schedule to the Independent Electoral and Boundaries Commission (IEBC) Act (No.9 of 2011) in providing for a role for the Departmental Committee on Justice and Legal Affairs and thereafter this House, in matters relating to delimitation of boundaries of constituencies and wards are in conflict with the Constitution to the extent that they undermine the constitutional independence of the IEBC. The hon. Members, at the Bar may walk in."
}