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"content": "Hon. (Ms). Amina Abdalla, MP Hon. Mr. Olago Aluoch, MP Hon. Isaak Ruto, MP Hon. Sophia Noor Abdi, MP Hon. Eugene Wamalwa, MP Those are hon. Members of the Departmental Committee on Justice and Legal Affairs who have been seized of this matter and have brought it this far. Mr. Temporary Deputy Speaker, Sir, the mandate of the Departmental Committee on Justice and Legal Affairs which is manifest in Standing Order No.198 extends to over- sighting matters that touch on constitutional affairs, the administration of law and order including the Judiciary, Police, Prisons Department and community service orders, public prosecutions, elections, integrity, anti-corruption and human rights. That mandate also extends to matters touching on political parties. The Committee over-sights the Ministry of Justice, National Cohesion and Constitutional Affairs, the State Law Office, the Judiciary, the Kenya Anti-Corruption Commission (KACC), the Interim Independent Electoral Commission (IIEC) and the Interim Independent Boundaries Review Commission (IIBRC). The Committee acknowledges the support of the offices of the Speaker and the Clerk of the National Assembly for the support they have extended to the Committee in its work. Therefore, it is my pleasant duty and privilege, on behalf of the Departmental Committee on Justice and Legal Affairs, to present and recommend this Report to the House for adoption, pursuant to Standing Order No.181. Allow me to start by going into a background on the IIBRC and its constitutional mandate. The IIBRC was established pursuant to the Constitution of Kenya (Amendment) Act, No.10 of 2008 as part of the Agenda 4 reforms, and as one of the vehicles to drive electoral transformation after the 2007 elections. This was in the aftermath of the disbandment of the Electoral Commission of Kenya (ECK), whose functions were subsequently split between the IIBRC and the IIEC. Section 41(b) of the Constitution of Kenya (Amendment) Act provided as follows:- “That there shall be an IIBC which shall consist of a chairman and not more than eight other members.” The Commission chairman and eight commissioners were duly appointed by His Excellency the President under Gazette Notice No.4796 of 12th day of May, 2009 and sworn into office on 18th day of May, 2010. The functions of the Commission were set out in Section 41(c) of the said Constitution of Kenya (Amendment) Act as follows:- To make recommendations to Parliament on the delimitation of constituencies and local authority electoral units and the optimal number of constituencies on the basis of equality of votes, taking into account the following factors: Density of population and, in particular, the need to ensure adequate representation of urban and sparsely populated rural areas, population trends, means of communication, geographical features and community of interest. The Commission was also mandated to make recommendations to Parliament on administrative boundaries, including the fixing, reviewing and variations of boundaries of districts and other units, as well as to look into any other functions as may be prescribed by Parliament. It is important for the House to note that the initial mandate under the former Constitution was modified by the new Constitution promulgated on 27th August, 2010. Article 27 of the Sixth Schedule to the Constitution provides as follows - and now"
}