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{
    "id": 8834,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/8834/?format=api",
    "text_counter": 403,
    "type": "speech",
    "speaker_name": "Mr. M. Kilonzo",
    "speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
    "speaker": {
        "id": 47,
        "legal_name": "Mutula Kilonzo",
        "slug": "mutula-kilonzo"
    },
    "content": "Mr. Speaker, Sir, I have no hesitation in saying this to the country and to hon. Members in this Chamber, that because of the definition of “Term of Parliament” given under Article 102(1), the amendment that is proposed on Article 89(9) is crucial. In fact, it is inescapable. Allow me also to emphasise that the country has concentrated very much on constituencies only and I draw the attention of hon. Members to Article 89, sub-Articles (9), (10) and (11), which also provide for the creation of new wards. Allow me to say that as I speak as the Minister responsible for elections, there is no ward for next year’s elections and, therefore, again, the purpose of the amendment would be clear. It is to ensure that the wards and the new constituencies come into existence for the purposes of the 2012 elections. Mr. Speaker, Sir, simply stated, therefore, if this proposal is passed, we will put to rest the question as to when the new electoral boundaries will take effect. That is to say my proposal is that they take effect for purposes of the 2012 general elections. The other proposed amendment is on Article 90, and I want to emphasise for the benefit of the country that the use of the term “ ombudsman ” is, in my view, inadvisable. The Articles and clauses that deal with the elections, for purposes of the 2012 elections are scattered throughout the Constitution. Therefore, anybody looking at my Bill will think that I am proposing amendments on many things but I am only concentrating on elections. Mr. Speaker, Sir, therefore, let me explain briefly without anticipating debate that Article 90 is essential because it is the Article that provides for the method for fulfilling the responsibility of political parties on party lists. Therefore, I am simply inserting in that Article two very minor amendments, so that we can have a provision for special seats for the National Assembly and also have a window for the Senate. Without doing this, we will not realise the aspirations of the Kenyan people as captured in Article 27(8) of the Constitution, which requires that no gender should enjoy more than two thirds of elected officials. Mr. Speaker, Sir, you recall the enormous debate that took place during the debate on the Elections Bill, because you managed it very well. My proposals are bringing a solution to this particular proposal, so that no gender can enjoy more than two thirds of elective posts. Therefore, amending Articles 97 and 98 without amending Article 90 would not realise the dream, the purposes and the aspirations of the Kenyan people. If you look at Article 27, at page 25, you will appreciate that sub-Article 8 is so important. It says:- “In addition to the measures contemplated in Clause (6), the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of the elective or---”"
}