29 May 2024 in Senate:
Committee on Justice and Legal Affairs speak to the House or address us, I would wish to be persuaded and hear why they hold a different view. As the Committee that developed the Bill, we felt that if we tied to five years, which is the term of an election in the country, then there might be a possibility that the term of the CEO will be coming to an end the very year that they are supposed to be conducting the election. Therefore, four years was chosen. There was a feeling that if we keep it to three years, ...
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29 May 2024 in Senate:
Let me just read that, so that I do not paraphrase. Article 88 of the Constitution provides that the Interim Independent and Boundaries Commission shall review boundaries. Article 89 (2) states-
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29 May 2024 in Senate:
“(2) The Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of Parliament.”
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29 May 2024 in Senate:
We are already in violation of this part of the Constitution because this is the thirteenth year since the passage of this Constitution of Kenya, 2010. As a House of Parliament, unfortunately, we have not been able to make the necessary law and provide the IEBC with the necessary provisions and tools for them to conduct this exercise. This is something that we need to do with urgency, so that they review all these features that are provided in Part 5 - the geographical features, community interest, and all these petitions. When we were at the National Dialogue Committee (NADCO), ...
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29 May 2024 in Senate:
Omtatah, went to court on this particular matter. For the very first time, I think he agreed with Parliament. He said that Parliament was the only nominating body of that Selection Panel that did their nomination competitively. The rest of the nominating agencies such as the Public Service Commission (PSC), Inter-religious Council and the Law Society of Kenya (LSK) did it in a way that could not be understood. We have provided it and made it specific in various sections of these clauses in this Bill. We have inserted a new Clause 2(b) that states that the respective nominating bodies ...
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29 May 2024 in Senate:
“The Selection Panel shall finalize the recruitment exercise within ninety days of its appointment and forward the names of the nominees to the President and shall thereafter stand dissolved.”
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29 May 2024 in Senate:
Thereafter, Parliament by resolution, can extend a tenure of the selection panel for a specified period if for one reason or the other, they have not concluded on their job within 90 days. Clause 10 is just consequential provision. It says-
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29 May 2024 in Senate:
“The quorum for the conduct of business at the meeting of the Commission shall be at least five members of the Commission”.
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29 May 2024 in Senate:
I do not think there is any other matter for which I need to speak on. If there is anything that I have left, I believe that the very able retired Justice Sen. Madzayo, the Senate Minority Leader, shall be able to speak to in his seconding. Mr. Deputy Speaker, Sir, with those very many remarks, I beg to move and request the Senator for Kilifi County and the Senate Minority Leader to second. I thank you.
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29 May 2024 in Senate:
Mr. Speaker, Sir, I beg to move the following Motion- THAT, pursuant to Standing Order No.111, the debate on the question of Consideration of the Report of the Mediation Committee on the Division of Revenue Bill (National Assembly Bills No.14 of 2024) be limited to three minutes and a maximum of ten Senators, five from each side.
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