29 Apr 2021 in Senate:
Mr. Speaker, Sir, I wanted to raise my point of order when Sen. Wetangula was on the Floor and then he was followed by the Senate Minority Leader. I raise that point of order because I virtually agree with what Sen. Sakaja has said. My point of order is derived from that Article of Constitution. The point Sen. Sakaja is making is simple. It is provided as to how it would arise that the creation of a constituency would occur. That is in the quest and exercise of the responsibility of the IEBC to ensure that there is compliance with ...
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29 Apr 2021 in Senate:
Madam Speaker, maybe my memory fails me, but there was the element of most them not having sat in a bench---
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29 Apr 2021 in Senate:
Mr. Speaker, Sir, my point of order is simple. Sen. Sakaja is right to the extent that Sen. Wetangula and the Senate Minority Leader, with due respect, are wrong. The creation of that constituency will have to be within the area that is non- compliant. So, you cannot create a constituency in Nairobi and transfer it to Bungoma. It has to be within the place where it is created. Thus, when it is complied with, in the Second Schedule, those constituencies are within the areas that are non-complaint with the population quota.
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29 Apr 2021 in Senate:
Madam Speaker, that was my view. As I continue, on the question of the creation of the Office of the Prime Minister, I believe it is in order to rename the office of the Majority Leader in the House to have the title of Prime Minister. Lest my time runs out, I want to go to one of the issues I believe is of a lot of importance to me, which I felt and would hold the liberty to disagree with the Committee. It is on the question of if it is constitutional or unconstitutional, for the promoters of the ...
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29 Apr 2021 in Senate:
Madam Temporary Speaker---
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29 Apr 2021 in Senate:
Madam Temporary Speaker, let me use my time. I have been interrupted.
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29 Apr 2021 in Senate:
Madam Temporary Speaker, we are reading the same Constitution. The Senator who is also a Senior Counsel has read that part which he says is on delimitation. I am clear about my facts. Article 89(8) states that- “If necessary, the Commission shall alter the names and boundaries of constituencies and the number, names and boundaries of wards” The Constitution is clear. The IEBC has got the powers under our Constitution to alter the boundaries of constituencies and not the number, but has the power to alter the number of wards. That is my point. That is why the Constitution starts ...
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29 Apr 2021 in Senate:
If I read Article 89(7) as requested, it states that- “In reviewing the constituencies and ward boundaries, the Commission shall- (a) consult interested parties; and, (b) progressively work towards ensuring that the number of inhabitants in each constituency and ward is nearly or equal to as the population quota.
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29 Apr 2021 in Senate:
Madam Temporary Speaker, in compliance with the quote, it does not propose that there will be extra constituencies created by IEBC. The Constitution makers had their valid case in saying that and distinguishing between wards and constituencies. That is the misdemeanor.
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29 Apr 2021 in Senate:
I believe that the wording on that is correct. That is my case.
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