HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 266922,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/266922/?format=api",
"text_counter": 256,
"type": "speech",
"speaker_name": "Mr. Baiya",
"speaker_title": "",
"speaker": {
"id": 8,
"legal_name": "Peter Njoroge Baiya",
"slug": "peter-baiya"
},
"content": "Paragraph 2(1) of the Fifth Schedule to the IEBC Act restricts the Commission in addressing the issues arising out of the first review to:- 1. Use as its primary reference material the report of the former Boundaries Commission on the first review as adopted by the National Assembly. 2. Use as its secondary reference material the report of the Parliamentary Committee on the report of the former boundaries Commission. Pursuant to the provisions of the IEBC Act, the Commission shall: (i) Prepare and publish a preliminary report outlining the proposed limitation of boundaries of constituencies and wards and also outlining specific geographic and demographic details. (ii) Avail the report to the general public for a period of 21 days and invite presentations from the public. (iii) Review the public presentations received within 14 days after receipt of the recommendation. (iv) Forward the revised Report to Parliament. (v) Consider views received from the National Assembly and revise accordingly before the final publication in the Kenya Gazette. Article 89(10) of the Constitution and Paragraph 4 of the Fifth Schedule to IEBC Act provides for any person dissatisfied with the outcome of the final report of the Commission on boundaries delimitation to apply to the High Court for review within 30 days of the publication of the decision in the gazette and such application shall be heard and determined within three months of the date on which it is filed. Mr. Deputy Speaker, Sir, that is the legal framework. The IEBC which was constituted on 8th November, 2011, to exercise the powers conferred by Article 88 and 89 of the Constitution, on 9th January, 2012 published its preliminary report in accordance with the Fifth Schedule of the Act and proceeded to undertake public consultation on the matter between 9th January, 2012 and 30th January, 2012. On 9th February, 2012 and in accordance with Paragraph 3(3) of the Fifth Schedule, the IEBC submitted its revised preliminary report to the Departmental Committee on Justice and Legal Affairs for consideration and transmission to the National Assembly. The revised preliminary report is divided into three volumes. I need not go into details about each volume. However, the report proposes the country’s electoral area to comprise of 290 constituencies and 1,450 wards to be spread as stipulated in the list that is contained in the report. The report takes account of the following: (i) The scope of the mandate of the IEBC to complete the first review in accordance with the IEBC Act. (ii) The work of the IEBC is cumulative to the work of the IIBRC. (iii) The understanding that successful and timely conclusion of the first review will facilitate necessary planning for the forthcoming general election. Mr. Deputy Speaker, Sir, on 9th February, 2012, the departmental committee having received the preliminary report made a paid advertisement in the local dailies asking members of the public to submit written memoranda on the IEBC Report. We have received a total of 500 written memoranda. The Committee analyzed and deliberated the IEBC Report together with the written submissions from the members of the public and noted that the legal framework for elections requires the objective drawing of electoral units and boundaries to achieve the principles of the Constitution to the greatest degree. These principles are aimed at ensuring effective representation and a transition of the will of the electorate into a representative Government. The Committee also noted that a majority of the submissions received were requesting for a realignment of wards and wards’ boundaries within constituencies. The Committee noted that administrative boundaries exist and are a reality in the lives of Kenya. The IEBC should respect the administrative boundaries in creating new units. Noting that the IEBC did not base the distribution of wards on other constitutional criteria except population, it is imperative that other criteria be weighed, that is, geographical features; urban centres; community of interest; historic, economic and cultural ties; and means of communication. In the circumstances, extra wards be created and distributed to the deserving areas as indicated in the matrix below. Pursuant to the provisions of Paragraph 3(4) of the Fifth Schedule to the IEBC Act, the Committee makes the following observations and specific recommendations on the report: From Mombasa County beginning with Changamwe and Jomvu constituencies, the issues that the Committee received were a request for change of names and for realignment of the distribution of wards. The key issue was the boundary between Changamwe and Jomvu, that is, the way it had been moved. The Committee’s recommendation is that IEBC to have old Magongo Road as the boundary between the two constituencies, to retain Miritini Ward in the new Changamwe Constituency and retain Changamwe Ward in Jomvu Constituency, but with the name changed to Magongo Ward. It should also consider adding an extra ward to maintain equity in the wards between the two constituencies. From the corrigenda, next is Kinango Constituency. The issue that arose was the realignment of wards. The Committee recommends that the IEBC should move Chengoni, Maji Chumvi and Siraroni sub-locations to Mackinon Road and to rename some of the wards are proposed in the corrigenda. With regard to Kilifi South, there was a request for wards. The main issue was that the natural boundary between Kilifi South and Kilifi North had been altered. We are recommending that the IEBC considers the review of the division of boundaries by the proposals given. It should retain the natural geographical boundary of Kilifi creek between Kilifi North and Kilifi South. Mr. Deputy Speaker, Sir, on the third constituency, Malindi---"
}