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{
    "id": 70440,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/70440/?format=api",
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    "content": "this the current law with regard to that Commission. Article 27 provides as follows: “The Boundaries Commission established under the former Constitution shall continue to function as constituted under that Constitution in terms of sections 41(B) and 41(C), but- (a) it shall not determine the boundaries of the counties established under this Constitution; (b) It shall determine the boundaries of constituencies and wards using the criteria mentioned in this Constitution; and, (c) members of the Commission shall be subject to Chapter Seven of this Constitution. That Section provides further that the requirement in Article 89(2) that a review of constituency and ward boundaries shall be completed, at least, 12 months before a general election shall not apply to the review of boundaries preceding the first elections under this Constitution. Further, that Article provided that the boundaries commission shall ensure that the first review of constituencies undertaken in terms of this Constitution shall not result in the loss of a constituency existing on the effective date. That provision is what brought into our political lexicon, the phrase; “protected constituencies”. Mr. Temporary Deputy Speaker, Sir, among the fundamental implications of this new scenario and the new mandate of the Commission’s mandate, included the following: One, by fixing the number of constituencies at 290, for purposes of elections of Members of the National Assembly, Article 89(1) of the Constitution restricts the Commission to 80 additional constituencies, given the already existing 210 constituencies. Two, the population quota adopted a constitutional formula that confined the Commission to said parameters in delimiting constituency boundaries. The initial mandate under the former Constitution had provided for use of population density and population trends as one of the general guide for the purpose. The new Article 89 gave greater prominence to the population quota, though Article 89(7)(b) qualifies this application in the sense that the formula is not to be construed as demanding instant demographic equality of all constituencies. Mr. Deputy Speaker, Sir, three, in terms of implications, whereas under the former Constitution, the Commission had been required to make recommendations to Parliament on the delimitation of constituencies and boundaries, the new Constitution now mandated the Commission to determine by publishing in the Kenya gazette the optimal number, names and boundaries of constituencies and wards. That is in accordance with Article 27(1)(b) of the Sixth Schedule to the Constitution. Mr. Temporary Deputy Speaker, Sir, in order to fully understand and appreciate this modified mandate, the Commission sought legal opinion from the Attorney-General of the Republic, in his capacity as the Chief Government Legal Advisor. In a legal opinion dated 13th September, 2010, the Attorney-General advised the Commission as follows. This is a matter that is important for the House to take note of. The Attorney- General advised that: (i) The Commission had the mandate to determine the boundaries of constituencies and wards. In making this determination, the criteria to be used was not the one set in Section 41(C) of the former Constitution of Kenya, but that in Article 89 and 27(4) of the Sixth Schedule to the new Constitution."
}