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The defeat of Ekuru Aukot’s Punguza Mizigo Bill of 2019 by the county assembly of Trans- Nzoia has been met with mixed reactions with some members of the assembly supporting the Bill while others were it.
The assembly’s justice and legal affairs committee chairman Mathew Nyarang’o said the Bill similarly received a resounding no from majority of residents during a public participation forum on October 11 2019.
Nyarang’o faulted Ekuru’s motion, describing its proposals as too unrealistic and retrogressive on the gains achieved under the current 2010 constitution.
The assembly instead branded the Bill as a populist to be pursuing a certain agenda saying its main proponent, Thirdway Alliance’s party leader Aukot seems to have a political agenda rather than a reform one.
“Majority of the members of the public felt that the Bill is too unrealistic and a shot in the arm (sic) to the gains made by the country under the current constitutional dispensation,” said Nyarang’o while tabling the motion.
Sitatunga MCA Daniel Kaburu took issue with the Bill over a proposal to scrap the position of the deputy governor saying such a move would create a constitutional crisis in the event the governor is not around.
Female MCAs termed the amendment Bill as discriminatory to women and youths and patriarchal owing to a proposal to scrap nomination of positions which cater for affirmative action.
“The current constitution has had tremendous gains for women, youths and persons living with disabilities. The proposal to scrap these gains should be rejected in all ways,” said nominated MCA Ann Ciiku.
Matumbei ward MCA Jeremiah Wakhulia however faulted his colleagues over what he termed as insincerity saying they subjected the document to prejudice instead of scrutinising it critically.
“The Punguza Mizigo Amendment Bill is the best legal document that Kenya will never have. It’s unfortunate that the document was never given the seriousness it deserved,” said MCA Wakhulia.
The assembly, however, found favour with the clause to have the senate be upgraded to be the Upper House to put an end to the rivalry with the national assembly which has negatively impacted on devolution.
The MCAs nonetheless hailed Aukot for coming up with the initiative saying such a move is highly commendable since it is an act of patriotism but faulted him for failing to honour an invitation to follow the session.
The assembly speaker Joshua Werunga thanked Aukot for being sincere to the constitution and seeking to exercise and confront what has never been confronted by any other person since independence.
Kiminini MP Chris Wamalwa thanked the county assembly members for their maturity saying the Bill had no single element that would have required participation of the public.
Wamalwa who has declared his intention to succeed Governor Patrick Khaemba said any constitutional amendment need to be done with the input of the common citizenry of which the Punguza Mizigo did not address.
Hospital ward MCA Eric Wafula opposed the Bill in totality saying all over the world representation has never been reduced unless Kenya becomes the first country to do so.
Nominated MCA Trikoi Kapchanga said the Punguza Mizigo Bill if passed, will marginalise some regions and ethnicities.
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