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{
    "id": 777851,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/777851/?format=api",
    "text_counter": 238,
    "type": "other",
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    "speaker": null,
    "content": "As I stated in Clause 25, the Commission will consist of the National Land Commission (NLC) and Independent Electoral and Boundaries Commission (IEBC). We have also thought it wise to have two licensed surveyors under the Survey Act nominated by the Land Surveyors Board. Madam Temporary Speaker, in Clause 26, the composition of the Commission is clear. It also states that the persons need to meet the requirement of Chapter Six of the Constitution. The functions of the Commission according to the Constitution are very limited. The Commission will either recommend that there should be an alteration of the boundary or refuse. On Clause 28, this Commission will act like any other Commission. It will summon anybody it needs to summon. We have provided for all those powers. Clause 31 is on how the Commission will give its report. Clause 32 is on the payments. Clause 33 is on the oath of office. Clause 34 is on secrecy. Secretariat services are provided for under Clause 35. Clause 36 is on removal of the Commission. Clause 37 is on protection from personal liability. Clause 38 is on liability of Commission to damages. Under Part VI, Clause 39, which is one of the most important clauses, is how they will undertake their work and invite the public so as to give their views. In Clause 40, the Commission has four jurisdictions. (a) To propose alteration of the affected boundary of the county; (b) The specific geographical or demographical duty relating to such proposed alteration. (c) An assessment of the impact of the proposed alteration (d) Any other information that the Commission considers necessary. Madam Temporary Speaker, in the case of the Ligale Commission, before several boundaries of constituencies were approved, the reports were published in the Kenya Gazzette and two other newspapers. Any person who feels that he or she ought to put in either a recommendation or have something to say is offered that opportunity under Clause 40. That is why I have said before that alteration of boundaries will not be a walk in the park; there is a process. Anybody who thinks that he or she can do it will have to read this very carefully. Madam Temporary Speaker, Clause 41 is on the final report of alteration of boundaries which is a point to note; the process under which the recommendation to alter those boundaries will be processed. On Clauses 41 and 42, the National Assembly and the Senate will have to seek concurrence. Clause 43 is on regulations on how this Bill will be carried out. On Clause 44, we do not want people to alter boundaries just before elections. We have put in a timeline that people will not petition the Senate on alteration of boundaries 12 months to the general election. The proposals to alter boundaries during that time might be confused to be gerrymandering. It might take a turn which is not in the interest of the county or the counties affected. Clause 45 is on the resolution of the Senate and how the gazettement will be done. Clause 47 is on withdrawal of a petition if the person thinks that they ought to withdraw. In Clause 46, we have considered that it is possible that one might have two or three petitions. I have seen some petitions here where we will be at liberty to consolidate 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."
}