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    "id": 716380,
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    "content": "somebody who cannot be identified electronically can be identified for purposes of voting. That discretion is not in the rules. It is given to the commission because it says that the commission shall put in place a complementary mechanism. It is the commission and not through regulations. Mr. Speaker, Sir, if you remember, there was a time when District Commissioners (DC) were given discretion to decide, when they were Returning Officers and there was a lot of mess in the election process. I know that in Trans Nzoia, for example, where my friend the late Hon. Muliro won an election and then a Returning Officer who was a DC told him that he had lost and was therefore free to go to the High Court for purposes of determination. This is so important that we cannot leave it to the Independent Electoral and Boundaries Commission (IEBC). It is this Senate and the National Assembly that must decide how we elect whoever has to become either the Speaker or the Leader of Minority or Majority. It is not a function that we can give to the electoral commission. If we give it to the commission also, why are you giving the commission lawmaking powers to manage the elections and also to make rules on how they conduct those elections? If you were in court today Sen. Murkomen, a lot of judges are complaining that you are the ones who made the law. If you fail to make the law definitive and predictable, who is going to save you from laws that have lacunas and give a lot of people discretion, which should not be happening? Since our time is short, I want to say without contradiction that historically in this Parliament, there are laws that were made that Members of Parliament themselves have found themselves suffering tribulation because we were passing laws quickly without thinking. I remember when Section 2(a) was being passed I was the only person who rose in that Parliament. We were brought back to the House in this kind of circumstances. Only President Moi and the then Vice-President Kibaki moved and seconded respectively and we were told there was no more debate. If you go to the record, I was the only one who spoke. Mr. Speaker, Sir, the person that you think is your neighbour will be your enemy tomorrow. When I was in danger, it was Sen. G.G. Kariuki who saved me when somebody wanted to detain me. In fact, a Minister told me that I would be detained the following day. It was Sen. G.G. Kariuki who told me not to take those words for fun. He told me to run for my life because I was going to be chewed. We are not listening to each other. I beg you that we listen to each other. This is one country, Kenya and I cannot understand circumstances in which the two joint Houses of Parliament pass a law which is agreed, celebrated and even the faith based communities give a contribution and hardly after 60 days, we say that there was a mistake. Can we be trusted? Even in a marriage which you enter in a church and after three months you say that you cannot live together, something is wrong with you. You need a doctor. The person who brought this Bill to us in this Senate needs a doctor. We cannot be seen to be changing our minds like little--- I do not know; even animals have memory, but it looks like we do not have memory of what we have done. 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"
}