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"speaker_name": "Sen. Mutula Kilonzo Jnr",
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"content": ".: Thank you, Madam Temporary Speaker. I was in Clause 17 where the President may approve a period which we have given the discretion for extension. It is from the report on the degistration of counties that we realised that we do not want to be put in a cold sack simply because there is no timeline; the President cannot receive the report and we cannot act. Madam Temporary Speaker, I had gone through Part Four on the alteration of county boundaries. However, I would like to note that Clause 18 states the qualifications of the person who will bring the Petition and what the Speaker will do. Clause 20 states that the Petition will go to the Independent Electoral and Boundaries Commission (IEBC) to confirm. Clause 21 speaks of the formation of the Special Committee which will have three jurisdictions:- (i) To determine that this matter should go to mediation; (ii) Establishment of a Commission to determine the alteration of the boundary; (iii) To determine that there is nothing that needs to be done. If it recommends in (i) that there is mediation, the Senate shall within seven days, revert this to a Special Committee and report. If it does not recommend anything, there will be no further proceedings. We have given these three jurisdictions to a Special Committee of the Senate. If it is returned as stated in Clause 22 and the Senate approves the mediation as appropriate, the Speaker shall, within seven days forward the resolution to the President for the establishment of mediation or approves the recommendation of a Special Committee for establishment of the Commission. Madam Temporary Speaker, according to Article 188 (1) (a) and (b), this matter cannot be resolved without the concurrence of the National Assembly. Under Clause 23, we have provided that the National Assembly shall consider a report under Clause 22. Clause 24 on Independent County Boundaries Commission is where the rubber meets the road. Whenever Parliament under this Act and Clause 23 resolves that an independent county boundary commission is established, the President shall establish a Commission under Clause 24. I borrowed this from a Commission that was established in 1962 called the Regional Boundaries Commission. That is the Commission that came out with regions. In 1962, Kenya had seven regions. In fact, on reading the report of this 1962 Commission, some of the boundaries that are in the 1992 Act were adopted by this Commission before Independence. So, that is where I have borrowed this Commission from. We had another one but it was on delimitation of constituencies. As I said, we have removed our jurisdiction on constituencies. We are only left with the ones of counties. That is where this Commission comes in. 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."
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