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"id": 8836,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/8836/?format=api",
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"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",
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"content": "Mr. Speaker, Sir, allow me to say this because I am looking at extremely distinguished leaders in this country, who have demonstrated an ability to help this country to move forward. The words I have used in the amendments to Articles 97 and 98, which come together with the amendment to Article 90, are exactly identical in Article 177. There is nobody in Kenya wondering how gender parity will be realised for county governments. Therefore, it is important that this House also remembers that it is composed of human beings and human beings are such that sometimes they can have a bit of oversight and sometimes they can have a bit of a slight glitch. Therefore, in order to protect next year’s elections, I am, again, borrowing the words in Article 177 for county governments and bringing them to Articles 97 and 98, so that the Senate, the National Assembly and the County Assemblies are covered. Mr. Speaker, Sir, again, allow me now to tell you that the other proposed amendment is on Article 101 on page 67. For those who are worried about an omnibus if you look at page 67, Article 101 opens with very specific words. It says: “A general election.” Therefore, when you see me seeking to amend Article 101, my focus is only on elections. My responsibility in the docket that I hold is to give this country an election that takes us forward. Therefore, yet again, the amendment in Article 101 must be understood from that perspective; not a matter of bringing together inside other amendments. Mr. Speaker, Sir, that is why I am emphasizing the theme of elections. It should not be forgotten, and I want to emphasize that all of us seating here, except Mr. Cyrus Jirongo, we now comprise a Grand Coalition Government through a constitutional amendment in 2008. That constitutional amendment was necessitated by a flawed election in 2007. My theme, therefore, remains and I will look you in the face openly and tell you that I only want to be able to ensure that I give you elections in 2012 that are not subject to question. Therefore, look at 101 from that perspective and, please, consider that the other proposed amendments are Articles 136, 177 and 180. It will be noted that the calendar difference between “the second Tuesday in August” appearing in all those Articles 101, 136, 177 and 180 and “the third Monday in December” in my proposal is 90 days only. I am simply saying let us be practical. Let us look at this and allow those extra 90 days for preparations for 2012 elections. Mr. Speaker, Sir, the last three proposed amendments are in the Sixth Schedule of the Constitution. The Sixth Schedule deals with transitional provisions. It is important that the country listens to me. If you want to oppose what I am saying, please, speak out loudly so that when the reckoning hour comes, we can quote back to you what you have said. The Sixth Schedule deals with transitional provisions. By their very definitions, transitional provisions are intended to form a bridge from one side of the river to the other side. Without that transitional provision, anyone seeking to cross a river may face difficulties and sometimes even death by drowning. I want to emphasize that the proposed amendment to Section 9 of the Sixth Schedule is directly driven and informed by the theme of elections. The amendment seeks to resolve the lingering issue of the use of the word “dissolution.” If you look at Section 9 of the Sixth Schedule and you will find it on page 196, allow me to just read, so that I can show you what I have in mind. It says:- “The first elections for the President, the National Assembly, the Senate, county assemblies and county governors under this Constitution shall be held at the same time within sixty days after the dissolution of the National Assembly.” At the end of it the word “dissolution” has not been defined in our Constitution. Secondly, there is no living person in the 42 million people of this country with the power to dissolve Parliament. I stand, again, to be corrected because I am speaking to national leadership. If you know the meaning of the word “dissolution” in the 2010 Constitution, kindly, help me. Therefore, I am seeking to adjust Section 9 in the manner that I have proposed. So, we simply change the words “within sixty days after the dissolution of the National Assembly at the end of its term” to - I just want this beautiful country to allow me to say “on the third Monday in December, 2012”, so that you do not have to worry about the definition of “dissolution”. You do not have to worry about the confusion that has engaged the country in the last two months on the meaning of “end of its term”. Therefore, that proposal in Section 10 of the Sixth Schedule, again, is driven and informed by elections. It seeks to put to rest the public confusion regarding the phrase “its unexpired term”. Allow me to show you Section 10. This is on page 196. It says:- “The National Assembly existing immediately before the effective date shall continue as the National Assembly for the purposes of this Constitution for its unexpired term.” People like Professor Yash Pal Ghai and good learned friend Otiende Amolo; these are distinguished lawyers in this country, but they have not yet agreed on what “unexpired term” means. Therefore, my proposal again to my lovely country is that at this point in time why should we allow confusion? Why should we allow anybody to worry about the “unexpired term”? Therefore, I just want to replace the words “unexpired term” with “third Monday in December, 2012” so that I give you an election that is irrefutable. Therefore, again, the theme is elections. Mr. Speaker, Sir, the other proposal is in Section 27 and this one is important. I wish hon. Members could listen to this because this is such a fundamental issue. We will have to talk to the country if Mr. Speaker rules this Bill be read the First Time. We must talk to the country for 90 continuous days before we can do Second Reading. Therefore, I would like to know whether you have understood me with clarity so that I know whether I need a further Kamukunji to explain this particular clause as to why we intend to put it forth. Section 27(3) reads as follows:- “The requirement in Article 89(2) that a review of constituency and ward boundaries shall be completed at least twelve months before a general election does not apply to the review of boundaries preceding the first election under this Constitution.” That is the challenge we have. That is what Kenyans gave themselves. Allow me to take you to Article 89 so that I can show you why it is so fundamental we understand each other. Look at Article 89 on page 59. You will see that 89(2) has been saved so that you will not have to count the 12 months in order for those boundaries to come into force. But look at (4) it states:- “If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election.” Is my country that went on its knees in 2007 and 2008 going to permit us to go into elections in 2012 when we have such a clear glitch? Do we understand that the constituencies that are going to be demarcated by the Commission that we approved only last week come into effect for 2012 elections? Otherwise, you might find you will not even have a county government because the wards that Mr. Hassan and his Commission will determine might be viewed in No.4. So, my amendment in Section 27 shall read that the requirements of Article 89(2) and (4) that a review of constituencies and wards shall be completed at least 12 months before a general election does not apply to the review of boundaries preceding the first election under this Constitution. Again, the theme is elections. Above all, if you do not do this, you open a pandoras box on litigation. Above all, you might need to amend the Constitution which provides for 290 constituencies. Therefore, it is completely unfair to call my Bill an omnibus. I do not have a driving licence for an omnibus and even if I got that licence, I would surrender it and say that I do not want to drive anything of the sort."
}