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"content": "Mr. Temporary Speaker, Sir, how do you go about it? Clause (18) gives a process, a petition by a registered voter and a County Executive member. How do you comply with the petition? There is a schedule which has a form and which sets out the conditions that must be met. Since this is a matter concerning counties, we have proposed under Clause (19) that that petition shall be submitted to the Senate. Under Clause (19), once the Speaker receives the request in the normal manner, the Speaker shall report and refer that petition to a Special Committee under the Standing Orders. The Special Committee under Clause (20) shall conduct its proceedings taking into account the parameters set out in Article 188, consider the dispute and report under Clause (21) whether it finds that there is a dispute worth the recommendation of alteration. Once it finds that the petition has no merit, no further proceedings shall be considered. However, under Clause (22), if the committee finds that there is a matter worth resolving or there is a dispute on a boundary, it shall recommend for the establishment of a commission. That establishment of the commission shall be by resolution of the Senate and referred to the National Assembly for concurrence. Mr. Temporary Speaker, Sir, again, in line with Article 188 both Houses have a role. Therefore, the petition emanates from the Senate and goes to the National Assembly for concurrence. The National Assembly has 21 days to concur, agree or not agree. However, where it fails to approve the resolution of the Senate within seven days or within the specified time, the resolution of the Senate shall carry the day. That is under Clause 23(4). Part 5 – The Boundaries Commission Mr. Temporary Speaker, Sir, I borrowed this particular chapter from a 1952 Boundaries Commission. I got materials that showed that the provinces as demarcated prior to the establishment of this Constitution. The boundaries at independence, the 41 regions as they were then and how they came about, was the work of a Commission, hence the establishment of Part 5 of that Commission. For those who are interested in the information, at independence, we had 41 regions. Six regions were cut out of the 41 to make the 47 counties. Therefore, there are some counties that have remained as they were since Independence. As I said, there were 41 regions and six were added to make 47 counties. For example, a county like Makueni was hived off from Machakos County. So, the history and the records are available, and I have given that. It outlines the functions of this Commission, how it will sit and who will nominate. Under Clause 24, when Parliament agrees, both the National Assembly and the Senate, to the resolution of that special committee set up by the Speaker, we shall forward the recommendations to the President who will shall within 14 days form a Commission to alter the boundaries as proposed in that petition. Mr. Temporary Speaker, Sir, the membership is under Clause 25. The members will be the Independent Electoral and Boundaries Commission (IEBC), the National Land Commission (NLC), the Council of Governors (COG), a person from the Survey Act because we want experts, Land Surveyors Board and the Secretariat. The clause is pretty straight forward. We have not reinvented the wheel on this one. Under Clause 27, the Commission will then sit and listen to the persons. It shall have the same powers as the High Court under Article 125. It shall listen to the public 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"
}