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{
    "id": 588143,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/588143/?format=api",
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    "content": "Order, Sen. (Dr.) Khalwale! If I were you, when courtesies are extended to you, you take the earliest opportunity to appreciate them by sitting. Hon. Senators, let me begin by giving a chronology of events surrounding this matter. First, a Motion was earlier filed by Sen. Mutula Kilonzo Jnr. urging the Standing Committee on Legal Affairs and Human Rights to initiate and prioritize the drafting of legislation within 90 days to provide for an independent commission to inquire into, examine and identify the boundaries of counties taking into account the criteria set out in Article 188(2) of the Constitution. The Motion was subsequently approved by the House. Secondly, I am aware that the Standing Committee on Legal Affairs and Human Rights has done a great deal of work to implement the resolution of the House and that a Bill has been drafted in that regard. However, the Bill has not been introduced to the House yet by way of First Reading as required under Standing Order No.129. Hon. Senators, it is important to note that the Motion by Sen. Mutula Kilonzo Jnr. and the Bill being developed by the Committee aim to establish an independent Commission to consider the boundaries of counties in accordance with Article 188 of the Constitution. Let me repeat for emphasis that the Motion by Sen. Mutula Kilonzo Jnr. and the attendant Bill being developed by the Committee aim to establish an independent commission to consider the boundaries of counties in accordance with Article 188 of the Constitution. I, therefore, would like to clarify that what Sen. Murungi’s Motion is seeking is to have the boundaries as they now stand clearly surveyed, marked and beacons fixed. For the avoidance of doubt, he is not seeking to have the boundaries altered as doing so without the recommendations of an independent commission would violate the provision of Article 188 of the Constitution. This is, therefore, in my considered opinion, a different matter altogether because, regardless of any disputes and any proposals that may be made for the alteration of county boundaries, counties remain in existence and there are boundaries. It may be such that the process of survey and marking would be affected and be difficult to undertake while disputes exist. That goes to the merits of the Motion and is a matter for the Senate to determine in the debate and for the Senate to make a decision. Hon. Senators, arising from the foregoing, therefore, I am satisfied that there is no contradiction in the Motions by Sen. Mutula Kilonzo Jnr. and Sen. Murungi. They can both proceed. Indeed, Sen. Mutula Kilozo Jnr.’s Motion was passed by the House. So, even as you entertain Sen. Murungi’s Motion, you will already put into account what you had already decided as a House. I thank you."
}