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{
    "id": 518236,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/518236/?format=api",
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    "content": "becoming worse because we are now talking of wealth in the counties. We are talking about natural resources and money that can be drawn from the counties. We have handled several cases in our Committee and I will cite the example of Konza City. There are very many inconsistencies. You will find that the boundaries that were created under the Provinces and Districts Act of 1992 are inconsistent with the maps that are available. You will find that one county has the right when it comes to the maps and another one has the right when it comes to the Act. So, it has been very difficult to determine exactly where some of these landmark resources lie. It is a very sensitive matter because we have seen lives lost. We saw what happened in Kapedo between the boundary of Turkana and Baringo. We have lost lives even in Mai Mahiu and it is getting worse each day. However, the Constitution drafters had actually anticipated that it is possible for us not to agree; being the human beings that we are. The politicization of this has not helped matters. I want to thank the Senator for Makueni. Having experienced it firsthand, he has now brought this Motion very confidently before this House. This is because it has been a duel dealing with the Konza City issues between Machakos and Makueni. We can only settle this matter through the law. When you read Part 4 of Chapter 11 of the Constitution, on the boundaries of counties, and specifically Article 188 (2) (e), it states:- “The boundaries of a county may be altered to take into account the view of the communities affected.” If we leave people out of it, we will just do it on paper and several years down the line, we will be back debating the same issues. Public participation must actually be done under some kind of legal framework. I am throwing this back to Sen. Mutula Kilonzo Jnr., who also sits in the Committee on Legal Affairs and Human Rights. We should not just create this Commission, but also address some issues through public participation. His Committee should work towards legalizing or institutionalizing public participation as is anticipated in this Constitution. The reason why they proposed to have an independent commission to deal with these issues is because they are emotional and if politics takes the lead, we should expect to see chaos. We also must remember that putting it in the Constitution, we must be very clear on how it will be funded and we need to do this in subsequent legislation because personally, I do not see it provided for in the Constitution. The independence, in terms of having autonomy of funds would be very critical because if this commission will rely either on the national Government or the county government for funding, then we will still have the same problems. So, even as we propose that they initiate this legislation, I am hoping that it would be wide enough to look not only at the mandate but on the autonomy of the funding of this commission so that we can get clear structures and be able to clear these issues. If we do not do it, then these issues that come to this House every day will continue coming. I want to support Sen. Mutula Kilonzo Jnr. and hope that we will give direction as the leaders of this country, in the areas that we come from. We should not be part of the inciters of the problem. We must quell whatever is happening on the ground. As I was listening to Sen. Khaniri, as he was seeking a Statement on Vihiga and Kisumu boundary, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}