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{
"id": 1406331,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406331/?format=api",
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"type": "speech",
"speaker_name": "The Temporary Speaker",
"speaker_title": "",
"speaker": null,
"content": "(Hon. Omboko Milemba)"
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"id": 1406332,
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"content": ":"
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"id": 1406333,
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"content": "Very well. There is greatness in your contribution in terms of the term limit of the CEO. You are the first Member to speak on that in terms of the length vis-a-vis the feeling that a CEO may feel that he or she is there for a long time. Remember, it is a three-year term renewable for another three years, which is the six years that many Members are talking about. Let us listen to Hon. Eve Obara."
},
{
"id": 1406334,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406334/?format=api",
"text_counter": 260,
"type": "speech",
"speaker_name": "Kabondo Kasipul, ODM",
"speaker_title": "Hon. Eve Obara",
"speaker": null,
"content": " Thank you very much, Hon. Temporary Speaker, for allowing me to speak on this matter. First and foremost, let me thank and congratulate the Departmental Committee on Justice and Legal Affairs for coming up with this Bill, particularly against the backdrop of the National Dialogue Committee Report and the dispute that we all saw soon after the elections where many Kenyans lost their lives. May God rest their souls in eternal peace. Hon. Temporary Speaker, I am a bit surprised because my sister, Hon. Rozaah Buyu, congratulated Hon. Irene Mayaka. I wonder if she congratulated her for her support of the FGM or against it. Nevertheless, that is not the issue. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1406335,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406335/?format=api",
"text_counter": 261,
"type": "speech",
"speaker_name": "Kabondo Kasipul, ODM",
"speaker_title": "Hon. Eve Obara",
"speaker": null,
"content": "I thank the Leader of the Majority Party and the Leader of the Minority Party for coming up with amendments to strengthen electoral reforms. First and foremost, there is the issue of transparent campaign financing which has been a problem in this country. If you recall, there was a time when one of our leaders said that if we, as a country, are not careful, we will be led by ‘wash wash’. Guidelines have been introduced and proposed in this Bill to ensure accountability, preventing electoral malpractices and promoting a level playing ground for all candidates during the elections. Secondly, it is what has been mentioned by many of my colleagues, that is, inclusive representation. I fully support the provision because it is crucial to ensure that all demographic groups, including marginalised communities, women, youth and persons with disabilities are included. Even though they included these parts in the Bill, I am a bit disappointed because throughout this Bill, there is no clear mention of two-thirds gender requirement that has bedevilled this country for many years. Somehow, it has not come up even in this Bill. As women, it is a matter that we will be happy to put closure to, so that what the people said in the Constitution of Kenya, 2010, is implemented. Thirdly, it is the issue of enhanced voter education. We are aware of the importance of voter education before any electoral process. I endorse the amendment in the Bill and emphasise the importance of enhanced voter education. On the utilisation of technology, we are aware that this is a powerful tool that can enhance efficiency and transparency of electoral processes. I fully endorse this amendment and advocate for the use of technology and innovation in the electoral process, such as digital solutions for voter registration and results transmission. Collaboration with other stakeholders is also very important. I support it. I know there are many Members who want to speak after me. A lot of these issues have already been addressed by other speakers. I do not have to take too much time of the Sitting. However, I would like to address the issue of the CEO that has come up severally. Many speakers have recommended that three years are not sufficient. However, this is in line with the Code of Governance for State Corporations (Mwongozo). All CEOs in Kenya should serve a three-year term and an additional three-year term, subject to the performance evaluation. Performance is reviewed every year. If it is good, then the term can be extended. This is not an issue as long as one CEO sits through an election, that is always after five years. Hon. Temporary Speaker, thank you very much. I support the Bill."
},
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"id": 1406336,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406336/?format=api",
"text_counter": 262,
"type": "speech",
"speaker_name": "Hon. Omboko Milemba",
"speaker_title": "The Temporary Speaker",
"speaker": {
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"legal_name": "Jeremiah Omboko Milemba",
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"content": " Let us have Hon. Julius Rutto and then Hon. Jared Okello, Member for Nyando. Is Hon. Julius Rutto in the chamber?"
},
{
"id": 1406337,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406337/?format=api",
"text_counter": 263,
"type": "speech",
"speaker_name": "Kesses, UDA",
"speaker_title": "Hon. Julius Rutto",
"speaker": null,
"content": " Thank you so much, Hon. Temporary Speaker, for giving me this opportunity to contribute. I am sorry for not responding immediately you called out my name. Hon. Kiarie and Hon. Kiborek were busy making noise here. I did not hear your invitation to speak. I rise on the Floor of the House to add my voice to this noble discussion on the Independent Electoral and Boundaries Commission (Amendment) Bill of 2024, which is timely. As Kenyans, we understand that we are in a process of a governance period of five years and that an election comes after every five years. As we speak today, we are already two years after election. We foresee another three years coming very soon. There are burning issues that have to be cleared. Boundary review is a critical one. The Constitution provides review within eight years after an election or not more than 12 years. The month of March this year marked the end of the 12th year provided by the Constitution. We are staring at a period of uncertainty on what is going to happen, especially to constituencies the law protected. Changes in population sizes of inhabitants are among parameters for delimitation of boundaries. I just want to pinpoint issues on which this amendment has put more weight. I support aligning the Independent Electoral and Boundaries Commission law with the ruling of the High Court, especially on the definition of a chairperson, a vice-chairman and a commissioner. This The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1406338,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406338/?format=api",
"text_counter": 264,
"type": "speech",
"speaker_name": "Kesses, UDA",
"speaker_title": "Hon. Julius Rutto",
"speaker": null,
"content": "provided ambiguity. That is why the wisdom of the courts of Kenya found it to be unconstitutional. I praise the Departmental Committee on Justice and Legal Affairs for finding that this is the right time to align and enable us to absorb some questions raised during the recent Supreme Court decision on election. We should not find ourselves in the same quagmire in future elections. It is coming out clearly that the chairperson is an office that shall oversee election in a given period, more so the national elections of the presidency. It is a preserve of that office holder or the chairperson to ensure that he or she presides over the election and pronounces results. I praise this amendment. It has captured it. The other issue is selection of commissioners. Professionalising the Commission is timely in nature. For instance, we remember the issue of vifaranga vya kompyuta came up in the 2022 elections. We realised that all these confusions came around because commissioners could have had challenges in understanding technology. Kenya and the entire world is shifting to run elections through it. A requirement on testing or selection of commissioners who possess knowledge in ICT is very important. We cannot run away from ICT. The whole world has changed. We are even improving from ICT to AI. The AI is applicable in running or interacting with systems and human beings. Who knows whether the AI will make much contribution in election processes in future so that we achieve certainty and free, transparent and credible elections. All these technologies are meant to provide support so that Kenyans have confidence in election processes. Therefore, commissioners who oversee these elections should have knowledge in technology. The other issue is accounting. We understand that an election is not only about conducting it. It is a process that engages documentation, tools, strategic materials and the process from beginning to end. In fact, the means justifies the end. Having commissioners with basic knowledge in accounting will be of importance so that they not only look at what the law provides, but also interpret figures. The other issue is looking at documents at tallying centres and interpreting them. We know that elections end with Form A and Form 34A at tallying centres. One should be able to correlate the two documents and ascertain truthfulness in what is lifted by imaging systems to the national tally centre. One should be able to ascertain the results. Another issue is the term limit of the secretary to the Commission. This amendment provides that the secretary to the Commission shall serve for a three-year renewable term. I do not find it logical because, at the end of the day, we want to ensure that the Commission can oversee an election from start to completion. This particular amendment provides a clause on post-election audit to be undertaken, the secretary should oversee the process from start up to the writing of the audit report. Kenyans will be yearning to know the outcome of an election process through the audit that shall be conducted by an expert employed or engaged by the Commission. Therefore, I propose that this particular clause be looked at so that the secretary is given one non-renewable term of six years like other independent commissions. The person will be certain on his work. Who knows the political turmoil and changes that will occur? Three years is so short that the person may not have time to learn, craft a strategic plan and execute it. Three years will create uncertainty to this person and in the long run, when changes occur or when political temperatures rise, as we all understand, it will affect the performance of the Commission. Another important issue I would like to dwell on is the post-election audit. All these problems always arise before any election and people begin to recall the scars of the previous election because the outcome of that election was not known to Kenyans. We need experts to audit and report to Kenyans how the election was conducted and its outcome. That will give confidence. We all understand that an election is a dynamic process. How it was done 10 or 15 years ago is unlike how it is today. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1406339,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406339/?format=api",
"text_counter": 265,
"type": "speech",
"speaker_name": "Kesses, UDA",
"speaker_title": "Hon. Julius Rutto",
"speaker": null,
"content": "I also want to focus on the selection panel that now accommodates additional professional bodies like ICPAK, where I am proudly Member No. 8440 and a practising Member No.1982. Why am I proud of inclusion of such professional bodies? These are bodies which over time have managed to bring assurance to Kenyans through audit and post audit processes. As I have said, election is a process. It is not only a conduct of the election. Such professional bodies will test and give us commissioners that are going to assist us manage the election. They understand critical issues in documents. We realise that we always have court cases. In 2022, the election was doubted not on the outcome, but rather on the process. Therefore, it is very important for us to ensure that professional bodies are on board. It should not only be ICPAK, but we should also find a way of embracing more professional bodies as we do religious groups. These are the people who should manage our elections. When we have challenges, we see them coming in to manage the social issues and they are blessed in bringing Kenyans together in order to have peace and tranquillity. Involving them will give more confidence to Kenyans. Another critical issue I want to talk about is the dissolution of the selection panel. This Bill gives the panel 90 days to complete its work. I do not understand this because there can be a scenario where unforeseeable events or activities occur. For example, a court case may be instituted. The other day the Hon. Speaker mentioned rejectionist philosophers in the streets of Nairobi. What happens if these people move to court when the selection panel has just been constituted and interfere with their work? What happens if 90 days end before they complete their work? Does it mean we will appoint another selection panel? There should be a provision to cater for unforeseen events. The selection panel should be protected until it concludes its work and then it is dissolved. Let me also mention the issue of quorum. Again, this is very important. The other day we had the Cherera Four who created confusion in the country when they left the Commission. Now it is clear because the quorum to conduct the business of the Commission is given. Lastly, on the delimitation of the boundaries, it is..."
},
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"id": 1406340,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1406340/?format=api",
"text_counter": 266,
"type": "speech",
"speaker_name": "Hon. Omboko Milemba",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 13328,
"legal_name": "Jeremiah Omboko Milemba",
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"content": " Hon. Jared Okello."
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]
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