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{
    "id": 779535,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/779535/?format=api",
    "text_counter": 428,
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    "content": "Consequently, it will be impossible to give that mandate to some Independent County Boundaries Commission through an Act of Parliament. It will not be possible to form a Commission that will be under IEBC. To me, that would be ultra vires of the Constitution which has stated that IEBC should only look into boundaries of wards and constituencies. Mr. Temporary Speaker, Sir, the IEBC is overwhelmed by the work that it already has. It has to look at referenda and all the many elections under the Constitution. The other day, they were assisting the Law Society of Kenya (LSK) in the elections. I think they are overburdened. We should not overburden them with this sensitive mandate of looking into the boundaries of counties. It is sensitive because we have heard a very able submission by the Senator for Isiolo County on what is going on in her county. In my area, there is a lot of sensitivity in as far as the boundary of Vihiga, Siaya and Kisumu counties is concerned. It would have been dealt with earlier but it could not because under the old Constitution, that boundary was provincial. Therefore, it could not have been dealt with without amending the Constitution which is a difficult thing to do. I, therefore, commend Sen. Mutula Kilonzo Jnr. for filling this lacuna that we have in the Constitution and in our laws. I would like to assure Sen. Fatuma that all that she is complaining about lies within the mandate of the Mediation Committee. Amongst the principles to be taken into account are historical and cultural ties which she has complained about. What is important is people must be consulted in all decision-making processes. Public participation is strengthened in this Bill by saying that the view of the communities affected must be taken into account. Therefore, I will not go into the issue of explaining the Mediation Committee and the Commission that will be formed because it has been said by the Senate Majority Leader and the Mover of the Bill and I do not have to repeat that. I support them in saying that in a dispute of this nature, the mediation principle is very important. This is where experts mediate the community, listen to the views and can come up with a decision on the issue. Mr. Temporary Speaker, Sir, I noticed the other day that there was some land dispute in Nandi County involving the Cabinet Secretary (CS) of Lands and Physical Planning. When I read that history, it appeared that there had been a committee of elders which looked into the history and mediated that dispute. That is the way it should go. That is the type of way that boundary disputes must be dealt with. Traditionally, we meet, discuss, conciliate and reach a decision. That is the way it should go. In supporting this Bill, I have a bit of emotions attached to it. The Districts and Provinces Act, 1992 which I drafted and moved in Parliament way back in 1992 will be repealed. I drafted and moved it in Parliament and made sure that it was enacted. At that time, it was to fill a void. At Independence, we had 16 or 20 districts. In the course of time, more districts were formed yet they did not have basis in law. Therefore, I commissioned a cartographer and a team which went around the districts which existed at that time. They produced a report which formed the basis of the Schedule to that Act with regard to the boundaries. I am glad that although it is being repealed, the substantive part of it has been preserved. 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."
}