HTTP 200 OK
Allow: GET, POST, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"count": 1608389,
"next": "https://info.mzalendo.com/api/v0.1/hansard/entries/?format=api&page=138280",
"previous": "https://info.mzalendo.com/api/v0.1/hansard/entries/?format=api&page=138278",
"results": [
{
"id": 1399201,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399201/?format=api",
"text_counter": 191,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "[The Temporary Speaker (Sen. Wakili Sigei) in the Chair]"
},
{
"id": 1399202,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399202/?format=api",
"text_counter": 192,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
},
"content": "On the issue of the Independent Electoral and Boundaries Commission (IEBC), I know now we are having challenges in the reconstitution of the IEBC. I remember we were somewhere where we were overseeing the selection panel of IEBC. They were supposed to recruit commissioners, but because of the National Dialogue Committee (NADCO) report, we were told to wait. However, are you realizing that the number of wards and constituencies like Banisa and the rest do not have Members of Parliament? Therefore, where do we disfranchise? Do we dis-represent? Those are some of the challenges that we, as a House, need look into. Clauses 23 and 24 provide that the IEBC should have one commissioner. If we were to pass this law and the President has appointed the Chair under Clause 24, where will this commissioner come from if the IEBC at the moment is not constituted? We are waiting for the NADCO report to be implemented. I am happy there is the Principal Secretary of the National Land Commission representing fiscal planning, PS License Surveyor, another of secretaries and practising advocates. Additionally, qualifications, conduct and removal from are obvious. On inquiry, that is what I want to react on. The second last point of the clause provides that- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1399203,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399203/?format=api",
"text_counter": 193,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
},
"content": "“A commission established under shall within 90 days of receipt of the petition.” Since the issue of boundaries is sensitive, I would propose that three months is a bit shorter. If we are looking at historical boundary issues, we cannot tell me that 90 days is sufficient. I wish the sponsor of the Bill would listen very keenly as I dispense wisdom on this. He should have a notebook and a pen because I am making Solomonic directions from here. Mr. Temporary Speaker, Sir, on the issue of petition, looking at historical issues, including injustices - you are the Chairpersons of the Justice and Legal Affairs Committee and you understand this - six months should be sufficient, so that we get into the in-depth of the challenges. I think 90 days is not sufficient. I happen to have been taught by the Senator of Kisumu and he has written a book called Conveyancing . When you read the first line in the front page of that book, it says “land is an emotive issue”. It goes ahead and says “land is the identity of a real man.” In my culture, and even in the African set up, if you do not have land, you are nobody. Therefore, land is a sensitive issue. Today when you go and say I want to listen to an issue of Kisumu and Nandi, it can shock the entire counties. Today if you go to Sondu and listen to a submission in Kisumu and Nandi, Kakamega, Taborwa between Chimoi and Nandi and Kakamega and Mosop, you might find the entire county will come there. Mr. Temporary Speaker, Sir, let us add more days like six months so that we become thorough when we are presenting our position. I am happy they have included members of the public, which is provided for under Article 118 in terms of public participation. On Clause 41, I will combine with the other clause as those are just procedural issues. This issue of 14 days under Clause 42 where it says the commission shall within 14 days of expiry of the period specified--- I would propose that we change it into three months now. This is to finalize the report because of report-writing, review and ensuring that we go through all that. The Sponsor of the Bill, Sen. M. Kajwang’, should relook at that so that we give them time after submission and review. Let us give them a maximum of 60 days or 90 days. I am happy that Clause 43 has captured this. I agree with them that where the commission does not recommend alteration of the boundaries of a county, no further action shall be taken in respect of a petition. If there is a recommendation for alteration of the boundaries, the Senate shall within 14 days resolve to either approve or reject the recommendation. Mr. Temporary Speaker, Sir, Members of the National Assembly have a habit of shooting down our Bills. We should use the word “Parliament” so that we fast track our Bills. If we use the word “Senate”, they will go and shoot down our Bills. In the spirit of your direction and the chair of co-sponsoring, we can agree to put “Parliament” instead of “Senate”. When altering boundaries, they are within those constituencies. That is why in the last session when the issue of security came to this House, some people argued that it is a national Government function, but it is within counties. Therefore, in the spirit of good faith, let us just say “Parliament” so that we include the National Assembly and pass this Bill. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1399204,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399204/?format=api",
"text_counter": 194,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
},
"content": "When you reply on the issue of public land, especially forests and other things, respond to what we should do when we find out that the boundary of a forest has been altered. For example, what happens if the cut line of Mau Forest, Tinderet Hills or the Bungoma Hills, has been altered? I challenge the sponsor to ensure that is looked at. On concurrence resolution, it should be as easy as is in Clause 44. If the mediation committee arrives at a common resolution, each House shall vote to approve or reject parliamentary mediation. That is very easy, we can go for Division. I do not know what we should do because it will create disharmony. For example, if you are to alter the border between Nandi and Vihiga counties, how will Sen. Otsosi and Sen. Cherarkey vote? What will be the implication? We should also be careful so that we do not antagonise communities who have lived side by side historically. This is because some names have been changed. In Nandi, we used to have Nandi Escarpment. However, the people doing maps called it Nyando Escarpment, yet it is in the middle of Nandi, around Chemase, around Tinderet Sub- County towards Chemelil-Chemase ward and also, parts of Aldai constituency. There are names that have been changed over time. We must agree under this Bill on the renaming of some of those areas. Why would we call it Nyando Escarpment yet it should be Nandi Escapement? Those are some of the challenges that we should look into. I agree on the resolution. On presentation of a petition, a petition shall not be admissible by the Senate. However, I think that it should be “a petition shall not be admissible by the Senate or National Assembly where a general election is to be held within one year.” Mr. Temporary Speaker, Sir, the Sponsor of the Bill should look at the wording. The Constitution under Article 93 says that Parliament comprises both the National Assembly and the Senate. Therefore, you can either present a petition to the Senate or the National Assembly. We should be careful so that we do not give fodder to our brothers in the National Assembly who have a habit of shooting down our Bills. By and large, I agree with the Bill. I hope when it comes to the Committee of the Whole, this time round, with the spirit of your office of co-sponsoring and the interpretation of Article 113 in terms of Money Bills and other challenges, we shall allow it to pass as Parliament. This is what will spur the issue of boundaries. The National Assembly should be busy ensuring that the IEBC is reconstituted. These constituencies called “protected constituencies” should be working with us to ensure IEBC is properly reconstituted. Therefore, when we pass such laws, there is a way they can ensure that going into the future. I do not know where Sen. M. Kajwang’ got the schedule and how this has been done. I believe it is probably from the 1992 district map that was used in the Districts and Provinces Act of 1992 for drawing district boundaries. These counties are intertwined. Over the weekend, I was in Kapcherop. This is a forest that borders Pokot South, Moiben and Cherangany in Kitale. On this other side, it borders Marakwet East and Marakwet West. So, these communities are the same. When you meet a Maasai of Kenya and a Maasai of Tanzania, they are the same people. When you go to Mt. Elgon, you have Kalenjins of Kenya and those of Uganda. These boundaries were just put there by our colonialists. I ask Kenyans, even as we pass The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1399205,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399205/?format=api",
"text_counter": 195,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
},
"content": "this, let it not be a way of dividing us as a nation. It should unite us and ensure that we have a more civil and decent way of ensuring boundary issues are not going into the future. Mr. Temporary Speaker, Sir, with all those many remarks, I support this Bill and congratulate Sen. M. Kajwang’ and wish him well with it. I assure Kenyans that we shall do what needs to be done and allow this nation to move into the future. I also send my condolences to the family of the famous TikToker called Brian Chira, who was being buried today, in Kiambu. We commiserate with their family and friends and ask young people to be responsible with their lives, especially when we go to rave around the city and our towns. Asante sana."
},
{
"id": 1399206,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399206/?format=api",
"text_counter": 196,
"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Sen. Lomenen, proceed."
},
{
"id": 1399207,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399207/?format=api",
"text_counter": 197,
"type": "speech",
"speaker_name": "Sen. Lomenen",
"speaker_title": "",
"speaker": {
"id": 2940,
"legal_name": "James Lomenen Ekomwa",
"slug": "james-lomenen-ekomwa"
},
"content": "Mr. Temporary Speaker, Sir, I support this Bill with amendment. If you look at what is happening in West Pokot, Turkana, Samburu, Marakwet and Tharaka Nithi counties, you will find---"
},
{
"id": 1399208,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399208/?format=api",
"text_counter": 198,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Sen. Kinyua and Sen. Cheruiyot consulted loudly)"
},
{
"id": 1399209,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399209/?format=api",
"text_counter": 199,
"type": "speech",
"speaker_name": "Sen. Wakili Sigei",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Sen. Kinyua and Senate Majority Leader, please consult in silence if there is anything of the sort. Consult in silence, if you must."
},
{
"id": 1399210,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1399210/?format=api",
"text_counter": 200,
"type": "speech",
"speaker_name": "Sen. Lomenen",
"speaker_title": "",
"speaker": {
"id": 2940,
"legal_name": "James Lomenen Ekomwa",
"slug": "james-lomenen-ekomwa"
},
"content": "Thank you, Mr. Temporary Speaker, Sir, for protecting me. This is a very important issue. Many killings that happen in the Northern part of Kenya are due to boundary disputes. People and leaders have imagined boundaries. What happens is that the pastoralists follow the livestock and the livestock do not know boundaries. They do not understand the demarcation. They are supposed to be led. I need the amendments because majority of the leaders were not involved in the Districts and Provinces Act of 1992. For example, the Turkana leadership was not involved in the decision of the boundary in 1992. However, in 1963, they were very comfortable with the size of the county. The Sponsor of this Bill should consult all the Acts available from 1984."
}
]
}