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{
    "id": 69522,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/69522/?format=api",
    "text_counter": 246,
    "type": "speech",
    "speaker_name": "Mr. Namwamba",
    "speaker_title": "",
    "speaker": {
        "id": 108,
        "legal_name": "Ababu Tawfiq Pius Namwamba",
        "slug": "ababu-namwamba"
    },
    "content": "Thank you, Mr. Temporary Deputy Speaker, Sir. The third recommendation is on the Independent Electoral and Boundaries Commission Bill 2010. The Committee recommends that the House expeditiously moves within a period of one month from the date hereof to enact a law in accordance with Articles 88(5)and 250 of the Constitution to anchor the new Independent Electoral and Boundaries Commission established in Article 88 of the Constitution and that further in furtherance of this recommendation, the House adopts the Draft Independent Electoral and Boundaries Bill, 2010, annexed to this Report. The Bill is part of the consensus on this IIBRC Report and its publication debate and enactment should accordingly be expedited. Mr. Temporary Deputy Speaker, Sir, allow me to call Membersâ attention to this Bill that is annexed to the Report and marked as Annexture JLA 3 which is the Bill that the Committee is proposing. The fourth recommendation touches on the mandate of the IEBC to address issues arising from the first review of constituencies and ward boundaries. The Committee recommends: a) That the Independent Electoral and Boundaries Commission be granted a defined limited mandate to address the identified issues outstanding from the first review of the constituencies and ward boundaries as undertaken by the IIBRC in accordance with Articles 41(B) and (C) of the former Constitution and Article 27 of the Sixth Schedule of the Constitution. (b) That in undertaking its limited mandate over the said first review, the IEBC shall: (i) as its primary reference material, use the Report of the IIBRC annexed hereto and adopted by this House; (ii) as its secondary reference material, the Commission shall use this Report of the Justice and Legal Affairs Committee (c) That at the conclusion of its defined limited task of addressing the identified outstanding issues, the IEBC shall consult widely for the purposes of feedback and validation prior to gazettment. The validation exercise shall include the Commission referring its Report to Parliament. 4) That the proposed IEBC Bill shall include a mechanism for any members of the public to seek judicial redress subsequent to gazettment. 5) This Committee recommends to this House that the House notes the significance of enacting legislation on the following matters: (i) A law on wards including determination of the number of wards per county for purposes of county assemblies. This legislation is urgent. (ii) A law to address the current historical concerns of minority and marginalized communities to advance inter alia the aims of Article one of the Constitution. (iii)A law on definition of urban areas and cities and sparsely populated areas which law should be impact subsequent reviews and delimitation of electoral reviews. (iv) A law on definitions and application of geographical features to similarly impact on the subsequent reviews and delimitation of electoral units. The final recommendation is as follows: That this Committee recommends to the House that the House adopts this Report of the Departmental Committee on Justice and Legal Affairs on the Report of the Interim Independent Boundaries Review Commission (IIBRC). Mr. Temporary Deputy Speaker, Sir, allow me to conclude by reminding the House that in adopting this Report which addresses critical issues; issues that have raised controversy and divided many, the Committee set aside its differences and unanimously adopted this Report. I want to stress to this House that in considering this Report, the Committee did not have to vote on whether to bring this Report here or not. The Committee adopted this Report unanimously. That spirit reflects the following words of Edmund Buck that I want you to allow me to put on record. Edmund Buck said the following:- âParliament is not a congress of ambassadors from different and hostile interests; which interests each must maintain as an agent and advocate against other agents and advocates. But Parliament is a deliberative assembly of one nation with one interest; that of the whole, where not local purposes, not local prejudices ought to guide, but the general good resulting from the general reason of the whole. You choose a Member of Parliament, indeed. But when you have chosen him, he is not a Member of Bristol, but a Member of Parliamentâ Mr. Temporary Deputy Speaker, Sir, I could as well say that we have come here as individual Members representing individual constituencies. However, as we consider this heavy matter, may we stand up proudly for Kenya. I be got move."
}

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