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{
    "id": 716303,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/716303/?format=api",
    "text_counter": 135,
    "type": "speech",
    "speaker_name": "Sen. Sang",
    "speaker_title": "",
    "speaker": {
        "id": 907,
        "legal_name": "Stephen Kipyego Sang",
        "slug": "stephen-kipyego-sang"
    },
    "content": "Mr. Speaker, Sir, I am sure Sen. Mukiite will have her opportunity to share her understanding of the word “complementary.” However, I am giving the definition that anticipates that there is a primary. The primary mechanism of identification, in this case, as captured under Section 44 is electronic. Therefore, we are not only talking about a complimentary mechanism. The drafters of this amendment would have chosen to draft that amendment by being too prescriptive and tell us that the complimentary mechanism would be manual or electronic backup. I see the wisdom in leaving it open so that the IEBC who are the implementers of this legislation will define, give it to us and through regulations – I think this is important. As Members of Parliament (MPs), when we sit to make law, it is also important that we consider and give latitude to the implementers of the same legislation. We can be too prescriptive. In terms of making legislation, as MPs, we theorize. It is a theory on our side but we need to listen to the implementers. In this law, you are giving the implementers the little bit of latitude for them to look at the system they have, the electronic and the experience we have had in this country. Mr. Speaker, Sir, it will not be lost on us that in 2013 most of the biometric voter identification machines did not work. Therefore, if you were to appear in a polling station and the machine does not work and you have no fallback position, then you will disenfranchise this country. There is even a potential constitutional crisis. I am aware of these discussions in the Committee. The law allows IEBC to postpone the election to allow the machines and some of these things to be addressed. The Constitution clearly indicates that the election will be held on a particular date. If somebody appears in a polling station at 5 o’clock in the evening and the machine does not work and is told to wait past midnight, that means that will not be an election day. You are going into another day that is not provided for by the law. So, it is important for this Senate and Parliament to address itself to this issue. Mr. Speaker, Sir, the concerns that have been raised – Section 109(1)(m) of the Elections Act provides that the IEBC will make regulations to provide for the manner in which, and the person by whom any question on the identity of any person claiming the right to vote shall be determined. In other words, regulations to operationalise the proposed Section 44(a) have already been anticipated in the Section on regulations. Mr. Speaker, Sir, I will answer the anticipated point of order by Sen. (Prof.) Anyang'-Nyong'o. You only make regulations pursuant to an Act to a provision within the law. They could not make regulations pursuant to the Section on backup before you provide for it, professor. So, the amendment is to provide for the law pursuant to which regulations can be made. Sen. (Prof.) Anyang'-Nyong'o, I think this is an area that you may need to take some time to read. Mr. Speaker, Sir, finally, is the misinformation that has gone to the public. As leaders, we must be responsible in the kind of information that we pass around so that we do not create myths. I have seen Members in this House share some information that is rumours picked from wherever people pick them from. If you were to engage along those The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate"
}