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{
    "id": 50271,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/50271/?format=api",
    "text_counter": 389,
    "type": "speech",
    "speaker_name": "Mr. Chachu",
    "speaker_title": "",
    "speaker": {
        "id": 18,
        "legal_name": "Francis Chachu Ganya",
        "slug": "francis-ganya"
    },
    "content": "In Article 249 (2), it further says that:- (2) The commissions and the holders of independent offices- (a) are subject only to this Constitution and the law; and, (b) are independent and not subject to direction or control by any person or authority”. Mr. Temporary Deputy Speaker, Sir, when you keenly observe that, then you will ask yourself what the intention of the Fifth Schedule is. Is this Bill by using the word “shall”, which is imperative or mandatory, trying to direct and control the work of the Independent Electoral and Boundaries Commission? Is that constitutionalism? When the Bill further says that, the Independent Electoral and Boundaries Commission shall use the report of the Parliamentary Committee on the report of the former Boundaries Commission, are we subjecting the work of the IEBC to the authority and control of Parliament? Is that constitutional? Furthermore, this fundamental issue of constitutionalism, which is one of the objects of the IEBC, must be addressed. This Bill is not superior to the Constitution of Kenya. It is actually a creature or a creation of that Constitution. In a nutshell, it is not in the power of this Bill to lead the focus of the IEBC with the boundaries aspect. The IEBC is primarily to be guided by the Constitution and nothing else. The Bill also requests the Commission, once it comes into force, to use Article 89 of the Constitution. It is very important for us to have very clear definitions of some of these critical issues in that article, for instance, the issue of population quota. The population quota is derived from the national census data. We have an incomplete census results in this country. This is a fact. The Minister of State for Planning, National Development and Vision 2030 nullified census results for 11 districts. The credibility of that census results is being questioned. That is a fact and a statement from the Government of Kenya. The census in those districts must be redone before this Commission starts addressing the issues of the boundaries. That is the only way it can be credible so that we can live with the results as they are. But using vicious figures and going to the High Court to force the Commission to use those census figures is not the way to go. This is impunity in itself. Let us have credible census results and use that to drive the population quota in order for us to curve out the 80 new constituencies. The other issue is the issue of definitions. When we talk of cities in electoral matters, it is only Nairobi that is a city, but any other time, Kisumu is a city and Mombasa is a city. We must do what is necessary to have charters for all these cities and subject them to the same measures and parameters as Nairobi when it comes to electoral matters. This is provided for in the Constitution and we must do what is necessary, as Government, to undertake that. Moreover, when we talk about sparsely populated areas, which parts of the country are sparsely populated and which ones are not? Then we also say “other areas”. Which are these other areas? We want to have clear definitions and categorization of these areas before this Commission does its work. With those few remarks, I support with the necessary amendments."
}