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{
    "id": 523034,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/523034/?format=api",
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    "content": "themselves in one county and feeling comfortable in one county needs to be looked at. For that reason, this Commission that we intend to set up through the legislation that will result from this Motion is important to look at. Mr. Temporary Speaker, Sir, this is one of the bold Motions being undertaken by the Senate with the intention of the asking the Committee for Legal Affairs and Humans Rights to work jointly with the Committee on Devolved Government to come up with a draft legislation that will carry the concerns of everybody. When I came to the Senate, one of the issues that I raised in this House was the issue of boundaries. By then I thought that the issue was limited to only Nandi and Kisumu counties or Nandi and Kakamega counties. We have since read in newspapers that we have a lot of county boundary problems in this country. From the defunct North Eastern, Nyanza and Rift Valley provinces, all the way to the former Coast Province, there were problems. It is important that five or three years down the line after the establishment and entrenchment of devolution, we do not need to see governors trading accusations as to where the boundary is. Mr. Temporary Speaker, Sir, it is important to note that where you have a county boundary dispute, county governments from either side have always ignored communities living around that area. You find a governor saying that they are not going to facilitate a particular dispensary because he thinks the dispensary is in the other county. The governor in the other county also says that they are not going to post a nurse or a medical professional, for example, because that dispensary is in the other county. You find that you have a buffer zone around some of the areas that we have disputed boundaries and citizens living within those areas are unable to enjoy the services of county and national governments because of that challenge of the boundary. Therefore, it is important, as a Senate, to fast-track this process and establish appropriate legislation. Mr. Temporary Speaker, Sir, since the establishment of that Commission is by way of a decision by Parliament, that is why we are going through the process of urging the Committee of the Senate to come up with legislation. Therefore, it would be important to look at the process of appointing commissioners or members of that Commission. If you look at the constitutional process of appointing commissioners to the constitutional commissions, most of that responsibility is given to the National Assembly. However, it will be a very important element in the proposed legislation to anchor the position of the Senate in vetting and identifying members that will serve in this Commission because this is a county problem. I know that we have to defend the Constitution, but even looking at the process, the Senate, as the House mandated to represent counties, should even have an upper hand. I want to interest my brothers, Sen. (Dr.) Khalwale and the team driving the referendum move, that some of the other areas that we need to see is that in areas where we think that counties have greater interest, some of those areas should be under lock and key by the Senate. I would personally see no role by Members of the National Assembly on a county boundary issue. This should be a matter reserved for the Senate just like we have some matters reserved for the Members of the National Assembly like appointment of Cabinet Secretaries (CS). We have never disputed that but on such a matter, we are the representatives of counties. 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."
}