𝗧𝘂𝗲𝘀𝗱𝗮𝘆, 𝗠𝗮𝗿𝗰𝗵 𝟭𝟮, 𝟮𝟬𝟮𝟰 

Members of the National Assembly this afternoon had the opportunity to comment on Legislative Proposals by Hon. Maj. (Rtd) Abdullahi Bashir (Mandera North) and Hon.  Alice Ng'ang'a (Thika Town).

 The Legislative Proposal by Hon. Maj. (Rtd.) Bashir seeks to amend Article 88 of the Constitution to allow the Secretary of the IEBC to conduct by-elections when the Commission is not fully constituted.

 "The principal object of this proposal is to ensure a continuation of the functions of IEBC," said Hon. Maj. (Rtd.) Bashir.

 Several Members supported these proposals. Amongst them was Hon. Adan Haji (Mandera West) who emphasized the right to representation. 

Hon. Haji gave the example of Banissa Constituency who have not had the opportunity to hold a by-election following the death of their Member of Parliament last year. 

"The people of Banissa are unable to benefit from representation without an MP," Hon. Haji said. 

 Hon. George Murugara (Tharaka) echoed this sentiment, questioning the role of IEBC Commissioners in a by-election. According to the Member, a by-election can comfortably be done by the Commission Secretary.

  "The people of Banissa have stayed without representation for over one year. This is both unfair and unconstitutional.  We never knew that with the expiration of the terms of IEBC Commissioners we would be waiting one and half years without a Commission, “Hon. Murugara said. 

However, Hon. Otiende Amollo (Rarieda) expressed reservations saying the proposed amendment could be dangerous because it was preempting a fundamental issue. He suggested that the solution to the situation might lie in expediting the National Dialogue Committee (NADCO) Report.

 The second proposal, by Hon. Ng'ang'a, seeks to amend Article 89 to safeguard the 27 constituencies protected during the first review process, regardless of population quotas. 

Hon. Ng'ang'a explained that the proposed amendment will ensure constituencies are protected for a minimum of eight to 12 years. She also emphasized the cultural and developmental significance of these constituencies to their inhabitants. 

 In addition, Hon. Ng'ang'a acknowledges the limitations of the powers of IEBC's, noting that merging constituencies across county lines would necessitate adjusting boundaries elsewhere, potentially causing friction between counties.

 "Folding an existing constituency in one county to create a new one elsewhere may be seen as robbing a county of its representation and resources,” she warned. 

Hon. Geoffrey Ruku (Mberee North) echoed this concern saying one of the constituencies likely to be affected was Mberee North. He however, noted that since the last National Population Census in 2019, things have changed. He therefore argued that the population in all the 27 constituencies has changed over time. 

Hon. Joshua Kimilu (Kaiti) said merging constituencies will inconvenience residents. He gave the example of Kilome Constituency that hosts Konza Technopolis saying in the next five years the population of this constituency will significantly increase.

 The Legislative Proposals will now be handled by the Departmental Committee on Justice and Legal Affairs for further consideration.