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{
    "id": 777920,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/777920/?format=api",
    "text_counter": 307,
    "type": "other",
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    "speaker": null,
    "content": "Madam Temporary Speaker, I am sure there is no county that is lacking in terms of administrators who have served this country diligently, risen to the position of District Commissioner (DC) or Provincial Commissioner (PC) and can be resourceful in serving in the Mediation Committee. When we talk about the powers that we are giving to this mediation Committee, this Bill has taken into account the fact that if they do not enjoy quasi- judicial powers; the power to summon people to appear before them, then we will not have given it the teeth to effectively discharge its duties. So, this Bill in a very commendable manner, has given powers to the Committee to summon witnesses to seek production of books, plans and documents. Speaking from experience, these are some of the challenges that I witnessed when Kisii and Nyamira counties were trying to resolve the boundary dispute in Keroka Town. People wanted production of books of accounts to be able to know historically, if the revenue that was generated in the past benefited exclusively the county of Nyamira or Kisii. Again, it is very commendable that this will not just be a Committee that will receive evidence that can assist them in making a resolution that is fair and just; but that they will also be able to have the powers to summon witnesses that can help in effective discharge of conflict resolution. Madam Temporary Speaker, we must appreciate that the Senate is the custodian of the interests of counties. We need to play a very critical role as Senate in terms of guiding resolution of disputes in various counties. In terms of the membership of the Independent County Boundaries Commission (ICBC) in that Clause 25, where it is proposed that the Chairperson be nominated by the President, I would propose that we reconsider that power that has been given to the President. Perhaps, we should make a provision to the effect that a Commissioner from the Independent Electoral and Boundaries Commission (IEBC) should be the person who should chair that Commission. Finally, as I suggest this, I also want us to consider that as we debate this Bill that deals with our boundaries, we consider the wisdom that guided the drafters of the 2010 Constitution. They put it that the boundaries of our counties should be guided by the districts that were in place in 1992. We all know that there was a lot of politics behind the creation of districts prior to 1992. You can see the imbalances in terms of the numbers, constituencies, population and size in some counties. In some regions, you find people who come from the same ethnic group are in counties that have a lot of imbalance in terms of population and area in square kilometers. It then becomes a challenge in terms of resource allocation. So, I think this is an opportune moment for us as a country to consider opening debate in terms of that provision in the Constitution, which states that boundaries of counties should be guided by the districts that were in place in 1992. With those few remarks, I beg to support this Bill and commend the drafter. I hope that our friends from the other side of the House will have a bipartisan approach and support its passage. Madam Temporary Speaker, I beg to support. 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."
}