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"legal_name": "Francis Chachu Ganya",
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"content": "(b) when the Ministry will repeat the exercise in the districts."
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"speaker_name": "Mr. Kenneth",
"speaker_title": "The Assistant Minister, Ministry of State for Planning, National Development and Vision 2030",
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"legal_name": "Peter Kenneth",
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"content": " Mr. Deputy Speaker, Sir, I beg to reply. (a)As you are all aware, the Ministry launched the census results on 31st August, 2010. The results indicated that the country’s total population stood at 38.6 persons at the midnight of 24th and 25th 2009. However, the preliminary analysis indicated that results from eight out of 158 districts, namely Mandera Central, Mandera East, Mandera West, Wajir East, Lagdera, Turkana North, Turkana Central and Turkana South, were highly inconsistent. Subsequently, the Government canceled results for the eight districts and ordered a repeat exercise in the affected districts. Though the plan for the repeat exercise in the eight districts is underway, the process requires careful and complex logistics planning. Indeed, the Treasury did allocate our Ministry Kshs150 million for preparatory work in the Supplementary Estimates of 2010/2011. Further, I am happy to report that the Treasury has provided an additional Kshs300 million in the Financial Year 2011/2012 which should see the exercise undertaken successfully. (b)While the repeat exercise was planned for August, 2011, this was not possible due to a court case challenging the cancellation of the results for the eight districts. The Attorney-General has advised the Government to await the outcome of this case before conducting the repeat exercise. Furthermore, in view of the prevailing security operation on Al Shabaab in the country and Somalia, it is not conducive for the repeat census, particularly in the northern part of the country as at now."
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"type": "speech",
"speaker_name": "Mr. Chachu",
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"id": 18,
"legal_name": "Francis Chachu Ganya",
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"content": "Mr. Deputy Speaker, Sir, I do thank the Assistant Minister for his response. I am asking this Question in the spirit and letter of Article 89 of the Constitution of this Republic of Kenya. Article 89 clearly states that the population quota will be used to create the 80 new constituencies in this Republic. If we have irregular and inconsistent census results in substantial parts of this country, there is no way we can say you have accurate census results in this Republic to actually carve out those 80 new constituencies. Mr. Deputy Speaker, Sir, using those inaccurate and irregular census figures basically means you are using inaccurate population quota which will result in rewarding some constituencies with electoral units which they do not deserve, while others are denied electoral units that they deserve. This Government has a duty to this Republic. Bear in mind that this is the only time, under this Constitution that this 80 electoral units will be created."
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"id": 2154,
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"speaker_name": "Mr. M.H. Ali",
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"speaker": {
"id": 81,
"legal_name": "Mohamed Hussein Ali",
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"content": "Mr. Deputy Speaker, Sir, you have heard the Assistant Minister say that this matter is in the courts. Is it in order to discuss the same while the court has not yet decided on this appeal?"
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"id": 2155,
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"speaker_name": "Mr. Keynan",
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"speaker": {
"id": 41,
"legal_name": "Adan Wehliye Keynan",
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"content": "Mr. Deputy Speaker, Sir, on the same under a matter of sub-judice or secret under Standing Order No.80(1). It says:- “Subject to paragraph (5), no Member shall refer to any particular matter which is"
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{
"id": 2156,
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"speaker_name": "",
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"speaker": null,
"content": "sub judice"
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"id": 2157,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/2157/?format=api",
"text_counter": 189,
"type": "speech",
"speaker_name": "Mr. Keynan",
"speaker_title": "",
"speaker": {
"id": 41,
"legal_name": "Adan Wehliye Keynan",
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"content": "or which, by the operation of any written law, is secret. (2) A matter shall be considered sub judice when it refers to active criminal or civil proceedings and the discussion of such a matter is likely to prejudice its fair determination.” Mr. Deputy Speaker, Sir, the Standing Orders are very clear. Taking into account the answer given by the Assistant Minister, would I be in order to request the Chair to defer this matter because this discusses the content of a court case which is still pending. I think we will not be fair to the affected communities. My constituency is not affected. However, as a person who truly believes in the rule of law, it will be unfair for this Parliament to debate an issue which is before a court of law and awaiting determination."
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"content": "Under the circumstances, the argument on this, whether the figures are accurate or inaccurate is the very matter of the court process itself. That is a matter to be determined by the court. Only then, as the Assistant Minister has said, will subsequent action be taken. Under the circumstances, the Chair rules that the matter is sub judice and the Question cannot be debated any further."
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"type": "speech",
"speaker_name": "Mr. Chachu",
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"speaker": {
"id": 18,
"legal_name": "Francis Chachu Ganya",
"slug": "francis-ganya"
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"content": "On a point of order, Mr. Deputy Speaker, Sir. While I appreciate your ruling on this, will this then stop the Independent Electoral and Boundaries Commission from carving out those 80 constituencies using those inaccurate census figures?"
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"speaker_name": "Mr. Deputy Speaker",
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"speaker": null,
"content": "Order! That is clearly not in the domain of the Chair. This is a matter that will be determined by a court of law. Actions to be taken, subsequent or before that, is a matter that essentially is not within the mandate of the Chair. The Chair says that this matter is sub judice . No further debate on this matter can be entertained. Next Question!"
}
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