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{
"id": 1411411,
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"type": "speech",
"speaker_name": "Hon. John Makali",
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"id": 13622,
"legal_name": "John Makali",
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"content": "(Kanduyi, FORD-K) Thank you, Hon. Deputy Speaker, for this opportunity to also contribute on this very critical piece of legislation that seeks to amend the IEBC Act. The purpose of these amendments is to bring into effect the recommendations made by the public to NADCO at Bomas of Kenya. You will remember what was happening in this country before that committee was formed. We had a lot of disturbances. So, this Bill seeks to bring into effect some of the recommendations made in the NADCO Report. As we sit in this House, I am always reminded of the constitutional edicts that specifically lift our people. If you look at the preamble of our Constitution, it states, ‘We, the people of Kenya’. Article 1 grants sovereignty of the people of Kenya and delegates authority to several institutions such as Parliament. As I sit in this House, I am always reminded of what is emblazoned at the entrance of this House. That we sit here for the welfare of society and the just Government of the people. Elections are a very emotive process. Article 89(2) of our Constitution clearly states that we needed to have delimitation of boundaries within a period of not less than eight and not more than 12 years. As we sit, we are staring at a serious constitutional crisis. This is because the time for undertaking a boundaries review has lapsed. Some of us who represent very large constituencies are at crossroads as to what… Our constituents are asking what will happen because IEBC is supposed to do boundary delimitation. This Bill seeks to entrench and amend the provisions of the Fifth Schedule of the IEBC Act specifically, Section 36 which is situated in the transitional and saving provisions. This section only applied to the first elections under the first review, pursuant to the enactment of the 2010 Constitution. It presents the procedure for review of boundaries and what needs to be taken into consideration. The Bill introduces one element and when we get to the Committee of the whole House, we will relook into it. As drafted, it introduces at Section 3 of the Fifth Schedule with respect 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": 1411412,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411412/?format=api",
"text_counter": 160,
"type": "speech",
"speaker_name": "Hon. John Makali",
"speaker_title": "",
"speaker": {
"id": 13622,
"legal_name": "John Makali",
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"content": "to reference materials, that the Commission shall use as primary reference the reports of the County Boundary Review Panels. This entity’s composition, creation, lifeline and timeline is not described in this Bill. So, at the appropriate time we will seek to move amendments in the Committee of the whole House so that we can define the County Boundary Review Panels and how they will be created. This Bill also seeks to align the Act with what the courts have said. I am always reminded that as we exercise authority on behalf of the people, we must always be alive to the fact that we are also subjected to checks and balances by other institutions specifically, the Judiciary. In two leading decisions, the court in the Katiba Institute and Isaiah Biwott case, declared various provisions of the IEBC Act to be unconstitutional. As we exercise our powers under Articles 94 and 95 of the Constitution because we have the powers to make laws, I am always reminded that we must know we are also subjected to checks and balances. The courts have said that some of the provisions existing in the Act specifically, with regard to the provisions of the Chairperson are unconstitutional. Therefore, this Bill seeks to align the provisions in the Act with what the courts said. This is because both the courts and us are agents exercising delegated authority on behalf of the people of Kenya. The Supreme Court, in the Presidential Petition clearly indicated that IEBC has serious institutional and dysfunctional problems. We need to wholesomely look at entire laws governing our elections so that we can have a seamless election. This will ensure that at the end of each and every election, the people of Kenya do not fight or draw groups because of the verdict of the elections. There are several provisions in this Act which I think are obsolete because they are referring to the first review in the first elections. So, the amendments are well intentioned. Of critical importance is the amendment that seeks to tie the term of the Chief Executive Officer (CEO) who is the secretary to the Commission, to a period of three years. In the Committee we got representation from the public specifically, the Office of the Attorney-General, Office of the Registrar of Political Parties and IEBC itself. They clearly indicated that a period of three years for the CEO is short for him or her to actualise what they are supposed to do in that office. As a Committee, we shall move amendments in the Committee of the whole House seeking to extend the period of the CEO of the Commission to a period of six years non- renewable. Why are we thinking that way? It is because, if we have the CEO serving for a period of three years, he might end up not conducting any elections at all. You know elections come after a five-year cycle. So, in the Committee of the whole House, we will propose to tie the tenure of the CEO to the tenure of commissioners. A period of six years as recommended in our Report. After each and every election, the IEBC is supposed to present a report which is supposed to guide the House on what went right or wrong and what needs to be improved in the conduct of the previous election. In the amendment, it is proposed that the IEBC should bring the report within a period of 18 months. And we are totally in agreement with that recommendation. In 18 months, we will have dealt with all the disputes arising after the election. Parliament can then consider what pieces of legislation it needs to make in respect of the electoral process. This Bill is co-sponsored and we urge Members of both sides of the aisle, whether on the Government or the minority side to support this Bill. It seeks to entrench consensus in matters that are very divisive such as elections. This Bill is a product of the National Dialogue Committee Report and the views that were received from the public. We will be seeking Members on both sides of the aisle to support this Report. We will thus move with speed to constitute the selection panel so that we can have the IEBC in place. As we speak, the residents and constituents of Banissa have no representative in this House, and have been disenfranchised. We have another 11 wards in this country that have not been able to conduct by-elections because of the absence of the IEBC. 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": 1411413,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411413/?format=api",
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"type": "speech",
"speaker_name": "Hon. John Makali",
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"speaker": {
"id": 13622,
"legal_name": "John Makali",
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"content": "This Bill seeks to start the process of having the IEBC constituted so that the people of Kenya in those particular places can be represented and air out their views. I support the Bill."
},
{
"id": 1411414,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411414/?format=api",
"text_counter": 162,
"type": "speech",
"speaker_name": "Hon. Deputy Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Member for Kibwezi West, Hon. Mutuse."
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"id": 1411415,
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"type": "speech",
"speaker_name": "Kibwezi West, MCCP",
"speaker_title": "Hon. Mwengi Mutuse",
"speaker": null,
"content": " Thank you, Hon. Deputy Speaker. I rise to support the amendments contained in the Independent Electoral and Boundaries Commission (Amendment) Bill, 2024. As the House may be aware, this is one of the Bills that emanated from the NADCO process. Some of the Bills have been committed to this House and the rest to the Senate. As a way of background, it would be recalled that the national dialogue process was the wisdom of the apex leadership of the party in Government and the party in the Opposition. It was constituted to manage the disputes that had arisen out of the outcome of the last elections and other related issues. Needless to say, as well, it was the predecessor of the bi-partisan process where yours truly and other Members of this House also served. Within the NADCO process, there was some political consensus that whatever final product emanated from the process should be carried by the Houses of Parliament as it is. It would also be remembered that under the Constitution 2010, Parliament is the supreme law-making organ. Therefore, nothing precludes Parliament from discussing and improving what emanated from the NADCO process. In pursuant of that, and in the wisdom of this House, the Independent Electoral and Boundaries Commission (Amendment) Bill, 2024, was committed to the Departmental Committee on Justice and Legal Affairs. We have carried out public participation as required under Article 118 and will be commenting on the Report that you have tabled before this House."
},
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"type": "speech",
"speaker_name": "Kibwezi West, MCCP",
"speaker_title": "Hon. Mwengi Mutuse",
"speaker": null,
"content": "As has been ably articulated, the Bill primarily seeks to increase the membership of the selection panel created who would then advertise for the positions of the commissioners. As it is today, we do not have a competently constituted Independent Electoral and Boundaries Commission because we do not have a chairperson or commissioners. The process in law is that there needs to be a selection panel to advertise for those positions so that suitably qualified and experienced Kenyans can apply, get shortlisted and be interviewed. The successful candidates can then come before Parliament to be vetted and appointed by the President."
},
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"id": 1411417,
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"type": "speech",
"speaker_name": "Kibwezi West, MCCP",
"speaker_title": "Hon. Mwengi Mutuse",
"speaker": null,
"content": "One of the contestations was that the law as it is today, in terms of the constitution of the selection panel, is inadequate. The law provides for seven members of the selection panel. It was felt that political players who are majorly political parties and other societal interest groups including the religious sector did not have adequate representation in the selection panel. It is therefore a recommendation of the NADCO. It is contained in this amendment Bill and is a recommendation by the Departmental Committee on Justice and Legal Affairs of which I am the Vice-Chairperson. It is worth increasing the number of members of the selection panel from the current seven to nine thus, political parties under the Political Parties Liaison Committee and Inter-Religious Council of Kenya can have extra membership. That way, every other Kenyan can feel that the product that emanates from that process is a product worth carrying out in the elections."
},
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"id": 1411418,
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"text_counter": 166,
"type": "speech",
"speaker_name": "Kibwezi West, MCCP",
"speaker_title": "Hon. Mwengi Mutuse",
"speaker": null,
"content": "It would be remembered that we have been having post-election problems, chaos and violence. Part of the reason why some Kenyans have not been having faith in the outcomes of the IEBC has been out of the perception that certain players may have an upper hand in who becomes a commissioner in the IEBC. In order to take care of those perceptions, it is important that the selection panel is seen to be fair and fair indeed. In Article 89 of the Constitution 2010, the IEBC is required to carry out delimitation of boundaries of electoral units, that is, wards and constituencies every eight to 12 years after the last review. The last review was carried out, if my memory serves me right, in 2012. Therefore, 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": 1411419,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411419/?format=api",
"text_counter": 167,
"type": "speech",
"speaker_name": "Kibwezi West, MCCP",
"speaker_title": "Hon. Mwengi Mutuse",
"speaker": null,
"content": "2024, is the upper ceiling under the Constitution 2010 of the period under which we should carry out boundaries review. It is urgent that we put in place an IEBC so that we do not precipitate a constitutional crisis by skipping a constitutional requirement for boundary review. As we do that, Members of this House must remember that Article 89 of the 2010 Constitution provides for a maximum of 290 constituencies and we have already reached the ceiling. Those who dream of extra constituencies must bear the reality; that to get extra constituencies you may have to amend the Constitution."
},
{
"id": 1411420,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411420/?format=api",
"text_counter": 168,
"type": "speech",
"speaker_name": "Kibwezi West, MCCP",
"speaker_title": "Hon. Mwengi Mutuse",
"speaker": null,
"content": "It has also been said that there is urgent need to pass this Bill. It should be remembered that the people of Banissa in Wajir went to court and sued the selection panel because they have not been able to elect their next Member of Parliament. As it is, under Articles 94 and 95 of the Constitution, this is the House that represents the interests of the people. The constituents of Banissa do not have a representative sitting in this House. When we are doing budgeting, oversight and making laws, the people of Banissa are not getting their fair share. In the wisdom of the High Court in a recent decision, it was required that the current selection panel be directed to complete the process of appointing commissioners to the IEBC so that elections can be conducted in Banissa. That process was stayed through consensus that was under NADCO. Therefore, in order for us to obey court orders and live within the rule of law, it is urgent for Parliament to pass these amendments so that a new IEBC can be constituted. As a result, the people of Banissa and electoral wards in the country that do not have representation in their respective county assemblies can have their elections and have representatives. This is extremely urgent on the two accounts of delimitation of boundaries and for the constituencies that do not have representatives."
}
]
}