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{
"id": 1411541,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411541/?format=api",
"text_counter": 289,
"type": "speech",
"speaker_name": "Masinga, Independent",
"speaker_title": "Hon. Joshua Mwalyo",
"speaker": null,
"content": " Thank you very much, Hon. Temporary Speaker, for giving me this time to add a few words to the Independent Electoral and Boundaries Commission (Amendment) Bill, 2024, which is very important for this country. The IEBC made us be in this House today. If it were not there, no one would be seated in this House today because there could not be any election. Therefore, this is a very important bill that we need to amend a few clauses and add others so that this country can be governed by the rule of law rather than impose some of the laws that are not in the Constitution. I thank the Committee that sat and came up with a very comprehensive Bill that can cure so many things in this country. They increased the number of panelists who will nominate the commissioners from seven to nine. They will be nominated by bodies in this country, such as the religious sector, the Law Society of Kenya (LSK) and others. That is a good idea, as is the way it was done before. Political parties nominated panelists, and all of us were not consulted. Kenya is now being brought together and included in the law-making process and choosing these commissioners. The Bill says that after the elections, the commissioners will sit down, evaluate the process and write a report, which will be brought to this Parliament. The lawmakers will check the issues and some of the shortcomings. Some of the shortcomings need to be enriched by the minds of this House. We need to be able to bring new blood in the way elections are conducted and also correct some of the shortcomings that we will have learned in the cycle of elections. That is a good thing because it has never happened in this country. So it is high time that we embrace the report that comes so that we can debate and everyone can give their own views on the way the Commission will be governed as far as elections are concerned. To me, that is a plus for this country. The other thing is, in terms of credentials, they have been able to urge Commissioners to have some knowledge of technology and also some accounting skills so that when you are given a gadget, you know how to operate it and you are also able to do a few things. You are also able to pick up some knowledge and give people some guidance when they are lost. The only thing that I think needs to be considered mostly is the way they are saying that they are going to review the boundaries. Already, those constituencies have Members of 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": 1411542,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411542/?format=api",
"text_counter": 290,
"type": "speech",
"speaker_name": "Masinga, Independent",
"speaker_title": "Hon. Joshua Mwalyo",
"speaker": null,
"content": "Parliament, and they are in operation. Also, the voters in those constituencies are now used to the way the Member of Parliament, his office, and all the units are there. Once it is dissolved, it means that so many things will have to be changed. The District County Commissioners (DCCs) will have to go; the Accounting Officers (ACs) will have to be reshuffled; and the way people behave in terms of development will change because the National Government Constituency Development Fund (NG-CDF) money will not be available again because they have already scrapped the constituency. I think this needs to be looked into properly and something is done so that we retain the same constituencies the way they are. One Member has argued that by the time the next census is done, the number of voters in that constituency or the population will have grown to the desired number by the Independent Electoral and Boundaries Commission. Also, those changes will bring friction, especially when people will not feel comfortable with their constituencies being merged with others. With those few remarks, I want to stop there and say that this is a good Bill and I support."
},
{
"id": 1411543,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411543/?format=api",
"text_counter": 291,
"type": "speech",
"speaker_name": "Hon. Omboko Milemba",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 13328,
"legal_name": "Jeremiah Omboko Milemba",
"slug": "jeremiah-omboko-milemba"
},
"content": " Hon. Harrison Kombe Magarini Constituency."
},
{
"id": 1411544,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411544/?format=api",
"text_counter": 292,
"type": "speech",
"speaker_name": "Magarini, ODM",
"speaker_title": "Hon. Harrison Kombe",
"speaker": null,
"content": " Asante kwa kunipa nafasi hii nami niweze kuchangia Mswada huu wa Tume ya Uchaguzi na Mipaka. Kwanza Nachukua fursa hii niunge mkono na nipongeze Kamati iliyohusika kwa kuja na marekebishi ya sheria hii. Kwa hakika, ningeanza kwa kuunga mkono muda wa miaka mitatu kwa Mwenyekiti na wanakamati wengine ama Makamishna wengine. Huu ni muda wa kutosha na kama amefanya kazi nzuri, hakuna sababu ya kutoongezewa muda wa kuendelea. Hivyo basi sio lazima iwe miaka sita au tisa, kunao wengine na kila uchao, tunasema vijana ni viongozi wa kesho. Hiyo kesho itafika lini ikiwa tutashikilia tu kuwa wazee washikilie nyadhifa ambazo pengine wakati wao wa kupumzika umefika ili vijana wachukue hatamu hizo? Naunga mkono kiwango cha wale ambao wanaweza kupitisha jambo. Idadi yake ni watano. Hii itatupatia nafasi mwafaka itakayokuwa inaonyesha dhahiri kwamba yale ambayo wamepitishwa ni yale ambayo wananchi wanataka. Naunga mkono kujumuishwa kwa wale walio na tajiriba na ujuzi mbali mbali. Kwa hakika, hapa tutapiga hatua maana katika majadiliano yao, watafika mahali ambapo watatoa uamuzi wa mwisho ulio sawa na ambao hautaleta utata wa aina yoyote. Kwa kumalizia, nitazungumzia swala la maeneo bunge. Tukisema Kwamba kutakuwa na utata kwa sababu ya mazoea, basi ni dhahiri kuwa hakukuwa na haja ya kubadilisha maeneo bunge 212 yafike 290. Ikiwa idadi imezidi, kuna haja ya kugawanya maeneo bunge hayo ili huduma ziwe karibu na mwananchi. Kwa maeneo madogo ya wadi, ikiwa wadi moja iliyo na wapigaji kura 70,000 itaongozwa na Mbunge wa Kaunti mmoja ni shida. Ni dhahiri kwamba itastahili igawanywe ndio huduma ziweze kumfikia mwananchi pale chini aliko. Kwa hivyo, rai yangu ni kwamba kuna haja ya kuangalia swala la mipaka. Tumekumbwa na janga Magarini, ikizingatiwa kuwa eneo moja kiutawala liko katika eneo bunge lingine. Eneo hilo hilo liko katika wilaya nyingine. Kwa mfano, eneo la Shakahola. Tulitoa taarifa kwamba kuna jambo ambalo haliendi vizuri huko lakini kwa sababu liko katika eneo bunge la Magarini, na eneo lenyewe liko katika wilaya ya Malindi kiutawala, jambo hilo halikuweza kushughulikiwa. Hakika, madhara tuliyopata yalikuwa ya kutamausha hapa nchini Kenya na ulimwengu mzima. Hivyo basi, napendekeza kuwa wakati tume hii itaanza kugawanya maeneo bunge, ihakikishe kuwa sehemu za maeneo bunge haya hazipatikani kiutawala katika maeneo mengine; yote yawe upande mmoja. Nikichukua mfano wa maeneo bunge ya Magarini na Malindi, yamegawanywa na mto. Hata hivyo, kuna mahali ambapo tarafa moja imegawanywa na mto na ipo upande wa Malindi na vile vile upande wa Magarini. Ukifika 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": 1411545,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411545/?format=api",
"text_counter": 293,
"type": "speech",
"speaker_name": "Magarini, ODM",
"speaker_title": "Hon. Harrison Kombe",
"speaker": null,
"content": "wakati huo, itastahili lile eneo ligawanywe kuwe na tarafa nyingine ili zote ziwe katika wilaya moja na katika eneo bunge moja. Kwa hayo mengi, nasema asante."
},
{
"id": 1411546,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411546/?format=api",
"text_counter": 294,
"type": "speech",
"speaker_name": "Hon. Omboko Milemba",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 13328,
"legal_name": "Jeremiah Omboko Milemba",
"slug": "jeremiah-omboko-milemba"
},
"content": " Hon. John Waluke, Member of Parliament for Sirisia."
},
{
"id": 1411547,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411547/?format=api",
"text_counter": 295,
"type": "speech",
"speaker_name": "Sirisia, JP",
"speaker_title": "Hon. John Koyi",
"speaker": {
"id": 2792,
"legal_name": "John Waluke Koyi",
"slug": "john-waluke-koyi"
},
"content": " Thank you very much, Hon. Temporary Speaker, for giving me the chance to contribute to this very important Bill. Hon. Temporary Speaker, I rise to support the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bill No. 10 of 2024). This amendment Bill is going to cure many problems surrounding the elections. We have been having problems ever after and sometimes before elections. Mostly, it has been after the elections. In this country, people have fought, others have died, and properties have been destroyed many times after elections. For that reason, I thank the Committee that came up with these amendments. Sometimes, Kenyans, and mostly women, do not vote out of fear. In some areas, they are threatened, so they do not go out during that time for fear of being beaten. This Bill will greatly help ensure that the electoral laws are followed. That committee will include people of goodwill, good thoughts, and integrity. Therefore, as a House, we need to pass the Bill. We also need to pass these amendments, as they have been brought to the Floor of the House, so that we can save this country from many problems. There are good changes proposed for the Independent Electoral and Boundaries Commission. They have changed and increased the number from seven to nine commissioners who are people of integrity. The time of the commissioners in office should remain five years renewable. There are many Kenyans, including our sons, looking for jobs and who want to become commissioners, just like many others. We cannot say that we give them six or nine years as other Hon. Members are proposing. Five years is enough for a commissioner to serve, and if they have done a good job, it can be renewed. Therefore, the term of the CEO should also be five years. The CEO cannot hold office like a civil servant until they retire. Hon. Temporary Speaker, still on the issue of commissioners, in the changes of this committee, they have also appointed an accountant. This is because the problem in this country has been the counting of votes after elections. An accountant will manage this because it is his line of duty to make sure that the vote counting process is quick and will not cause problems in the country as it has before. Kenyans always see Members of Parliament because they elected us to represent them. What we pass here will be representative of the people of Kenya. They look up to us as their representatives to pass a good Bill that can make the country move forward. With this amendment, we can assure Kenyans that IEBC is going to be the good commission that Kenyans have wanted it to be. With those few remarks, I support the Bill. Thank you."
},
{
"id": 1411548,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411548/?format=api",
"text_counter": 296,
"type": "speech",
"speaker_name": "Hon. Omboko Milemba",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 13328,
"legal_name": "Jeremiah Omboko Milemba",
"slug": "jeremiah-omboko-milemba"
},
"content": " Member for Mbeere North."
},
{
"id": 1411549,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411549/?format=api",
"text_counter": 297,
"type": "speech",
"speaker_name": "Mbeere North, DP",
"speaker_title": "Hon. Ruku GK",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. First, I commend the Departmental Committee on Justice and Legal Affairs for the work they have done as far as the Bill is concerned. The NADCO team comprised the Minority and the Majority parties. It was a well-composed team that looked at the issues affecting our nation. One of the issues that came up strongly was to do with IEBC. The recommendations in this Bill need to be supported. If you look at the definition of what a parliamentary party is, it is a great omission. There has been a very big push and pull in this House to define what a parliamentary party means. I remember the Speaker came up with a ruling that the Jubilee Party was one of the parliamentary parties. If this was clearly defined within our laws, and in this case in the IEBC Act, this House would not have gone through such rigorous ways of coming 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": 1411550,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1411550/?format=api",
"text_counter": 298,
"type": "speech",
"speaker_name": "Mbeere North, DP",
"speaker_title": "Hon. Ruku GK",
"speaker": null,
"content": "up with a ruling from the Speaker to define what a parliamentary party is. This is a welcome amendment, and it will save this nation from the push and pull in terms of fidelity to political parties. Second, the amendment that revises the term limit of the secretary to the IEBC to a single six-year term is welcome. It is important for whoever will be the holder of the office to have confidence that he will not serve for three years and then face a panel or go home. Six years is enough for any innovative secretary to implement different innovative solutions that can solve quite a number of challenges that we have encountered in past general elections. We need innovative solutions in this very important institution for the Republic of Kenya. Without IEBC, this country can sink into anarchy. Therefore, the stability of the secretary of the Independent Electoral and Boundaries Commission's office is extremely important, and a six-year term is welcome. The amendment concerning delimitation of boundaries is of importance. Quite a number of constituencies are threatened to be scrapped at the moment. One of them is my constituency, Mbeere North. The people of the Republic of Kenya and these boundaries have been curved randomly by the IEBC. The focus has not just been on boundaries but also fundamental parameters such as customs, terrain, population, geographical considerations, culture, and the history of the people. These are key considerations. You know very well that there are different sources of law, and one of them is customs. The boundaries of the constituencies in Kenya cannot be formed without considering the customs of the people. Therefore, there is a way you can be insensitive as far as the customs, origins of the people, and even the economic activities of those people are concerned. If you are not sensitive as far as those factors are concerned, then it can easily create anarchy not only in this country but also in Africa. Today, we are experiencing anarchy in Kerio Valley, and some of these things are extremely important. You realise that sometimes there is a dispute in terms of the boundaries in that area, and probably that is one of the origins of the conflicts that have belaboured this nation over the years. The delimitation of electoral units and the proposals that this amendment is seeking to be effected are well considered. At the same time, we cannot talk only about the population; we also need to talk about other factors, as I have mentioned. At the moment, we do not have a Member of Parliament from Mandera County because we do not have an operational IEBC in place. Therefore, if we move quickly to ensure some of these amendments are done, and the IEBC is well constituted, then the people of the constituency in Mandera County will get their rightful representation in this House—not only the constituency in Mandera but also other wards that are vacant today. It is also important to note that IEBC staff are still incurring expenditures. It will be important to understand how that expenditure is being incurred, and we do not have commissioners at the moment. I know the budget that will be read in this House in a couple of days or months from now will have an element of factoring in the budget for IEBC. I do not know how that budget was arrived at when we do not have commissioners. Therefore, there is a possibility of illegality as far as the allocation of the budget to IEBC is concerned. This is because IEBC is an independent body. We cannot say it is under any Ministry at the moment, but it works in collaboration with other Ministries. At the moment, the staff at IEBC are likely to have allocated themselves powers for which they do not have to submit the budget, which will be tabled in this House. I request your wisdom, Hon. Temporary Speaker, so that the House does not consider a budget that has not followed the appropriate legal procedures until we constitute a proper IEBC. Through this amendment, we are going to ensure that IEBC is properly constituted. Hon. Temporary Speaker, I submit and support. Thank you."
}
]
}