29 Apr 2021 in Senate:
out there must listen properly, so that by the time it goes to the public, they will properly be educated. I hope there will be proper civic education that will not allow our people to pass unconstitutional amendments because this is a document for posterity.
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29 Apr 2021 in Senate:
Various sections of the Bill address amendments and I will look at a few. One of them is that the Bill proposes to increase representation constituencies by 70. Fair enough, you can increase the constituencies but under Article 89 of the Constitution, it is improper for you to allocate those constituencies. That is the role of IEBC. Unless the whole Article is expunged and we come up with a new thing, we can then allocate the constituencies to counties.
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29 Apr 2021 in Senate:
I say this even with the knowledge that my own County of Mandera is getting a constituency and I am happy. However, the process in which it was done is wrong. This is because delimitation and demarcation is the role of IEBC. It is not right to do something unconstitutional. The Committee has recommended that it is unconstitutional. How do we deal with this? Kenyans are very selfish and for selfish reasons, I will support because Mandera County has got one out of the 70 constituencies. I will take it but I have to say the process is wrong.
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29 Apr 2021 in Senate:
On the issue of resources allocation, Article 203 of the Constitution has a clear and elaborate criterion set out on the criteria to allocate resources between the national and county governments. This Bill introduces three other criteria. The first one talks about avoiding corruption. I do not know how you talk about corruption in allocation but I think it is superfluous. The worst one is when you bring the issue of per capita.
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29 Apr 2021 in Senate:
Under Article 217 of the Constitution, the Senate is supposed to originate the criteria for allocating money among counties. We know what we went through here a few months ago. You develop a criterion, have a formula and then what follows is the basis for allocation. It is like you are doing an examination, where you look at the parameters from the Commission on Revenue Allocation (CRA), score the counties and then do the allocation. You then come back and negate it by capping it to a certain level because you say some counties are not supposed to get money. ...
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29 Apr 2021 in Senate:
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29 Apr 2021 in Senate:
203 of the Constitution is illegal because it actually profiles and targets people. It is discrimination. The Constitution of Kenya does not allow discrimination.
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29 Apr 2021 in Senate:
In the last debate we had here, you all remember what you went through. We came out of that victoriously because we agreed with the Executive on how to overcome that. Someone said it was not enough and it should be capped. To make the matter worse, they have not realized that what they are doing is impractical.
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29 Apr 2021 in Senate:
If they say that the allocation to the highest per capita county should not be more than three times, then what will be done with the balance of the money? You cannot take out some counties and divide the money among a few counties. It is not practical. However, more that, it is totally illegal.
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29 Apr 2021 in Senate:
I am surprised by the recommendation of the Committee. It says that the Legislature and the Executive must come up with a way out. How will they do that yet the Constitution is being amended and the matter is before it? For that purpose, this matter is totally wrong and unacceptable.
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