29 Apr 2021 in Senate:
threshold required in the Constitution cannot do a popular initiative to ask for one more constituencies in Kisii County. They will have to ask for constituencies be increased by a certain number and where they should be put. On that one, I disagree, even if I am alone. We cannot usurp the role of the people. The people can bring an amendment here to do away with the IEBC. The IEBC is a creature of the Constitution. In fact, the people can bring an amendment to do away with the Senate. What people have proposed here to increase constituencies is ...
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, there is a difference between a popular initiative and a parliamentary initiative in terms of who originates it. A parliamentary initiative does not need a threshold of one million signatures before it comes to this House. It also does not need approval of 24 county assemblies. The reason there is a higher threshold and that is why I have given the precedent, I have quoted the case law in India, it is the people who ultimately make the decision at a referendum. If the people agree that those five constituencies, for example, be added to Siaya County ...
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29 Apr 2021 in Senate:
I do not seek to be informed, Sen. Wetangula. He is stopping my flow of information.
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29 Apr 2021 in Senate:
The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, many times you interrupt me even in the middle of a sentence. Can you just allow for flow of information, for me to finish a paragraph and let him to come in? I would never refuse information from my distinguished uncle. However, I want him to hear this part because somebody has asked about public participation. In the proposed amendment by popular initiative, the burden to conduct public participation required by Article 89(7) in the review of boundaries does not follow the promoters. The burden to conduct public participation will then fall on the IEBC in Article ...
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, Sen. Wetangula is grossly out of order to impute improper motives as my intentions. If there is a Member in this House who sacrificed for other counties and you know it, and what counties are getting, it has been me, even in the revenue formula. I have been very clear. When Nairobi was getting Kshs100 million I stood with 18 counties. It is not about what Nairobi is getting. On allocation of resources, I have the T-shirt and I can wear it. But on equality of the vote---
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, I am making my point. I have a track record in this House. This House has a HANSARD. This is a House of records. The Senator of Kilifi, I stood with you when Kilifi was losing. It is not about who is gaining. On allocation of resources and equity, I am clear, but on equality of the vote; a principle in Article 21 of the Universal Declaration of Human Rights. Even in our Constitution, we talk about 30 and 40 per cent. I will ask the lawyers who are senior here. Look at Catcher vs Dagete in ...
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, in this BBI, because of the constituencies that fall below the population quota, all of them are protected. However, because you protected a constituency that is below the population quota, does not mean we deny a constituency that requires proper representation. That is the point. That principle is enshrined in our Constitution. I hold that assertion by the Committee that the Schedule is unconstitutional is completely wrong. The question of fairness, for instance, Kisii with 1.2 million people has been given nine constituencies. Ideally, they should have 10. Kitui County, ideally should have nine. The reason you ...
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29 Apr 2021 in Senate:
I do not know what Kakamega is getting, but Bungoma has nine constituencies and it has gotten three, to come to 12, yet ideally, it should have 13. Do you know why you do not have 13? It is because Lamu County, which has two should have one if you look at that formula. We are protecting the two constituencies in Lamu. Mr. Speaker, Sir, equity is give and take. For that reason, I support the BBI, but I will forever stand to support equal representation for my people in Nairobi who deserve fair representation. I submit.
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, while it is true that Standing Order No.100 talks about responsibility for a statement of fact, Sen. Wetangula has spoken about fidelity to these Standing Orders as the Bible. What is good for the goose must be good for the gander. It cannot be that when Sen. Wetangula and Sen. Orengo who are our seniors are going against the Standing Orders, there is no problem. In fact, even they were doing tug of war, giving each other information, going against the Standing Orders, but when Sen. Wamatangi stands up, you remember the Standing Orders. These rules apply ...
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