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{
"id": 1037511,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1037511/?format=api",
"text_counter": 252,
"type": "speech",
"speaker_name": "Kajiado South, JP",
"speaker_title": "Hon. Katoo ole Metito",
"speaker": {
"id": 13239,
"legal_name": "Janet Marania Teyiaa",
"slug": "janet-marania-teyiaa"
},
"content": "and 46 States had ratified and signed the Charter respectively. Kenya signed on 28th June 2008 and the commencement of the accession process of the Charter was approved by Cabinet on 19th March this year. Then, it was processed through this House. If you go through the Articles, especially 4, 5, 6, 7, 8, 9 and 10, they outline declarations by State parties of their intention to promote democracy, rule of law and human rights; ensure constitutional rule and transfer of power; ensure the full enjoyment of human rights; strengthen the human rights organs of the African Union; eliminate all forms of discrimination; promote sustainable development in their policies and programmes and entrench the principle of the supremacy of the Constitutions in their jurisdictions, respectively. This is very important because, at this moment, we are talking of constitutional changes as a country. This treaty talks of entrenching the principle of the supremacy of the Constitution. Under Articles 11, 12 and 13, the State Parties undertakes to promote a culture of democracy and peace within their respective jurisdictions, including by ensuring transparency, which is very critical and accountable administration, strengthening political institutions; creating conducive conditions for civil society organisations to exist and operate within the law. Of late, I have not heard much of the civil society in this country. This Charter is emphasising on the creation of conducive conditions for the civil society organisations to exist and operate within the law; and integrating civic education in educational curricula. Articles 17, 18, 19, 20, 21 and 22 contain undertakings by the State Parties to hold regular, transparent, free and fair democratic elections and to— (a) Establish and strengthen independent and impartial national electoral bodies responsible for the management of elections. This is debatable because we have seen what is happening in the United States of America (USA). They just finished their elections and there are claims they were not independent or impartial. This treaty emphasis on the creation and strengthening of those impartial national electoral bodies responsible for the management of the election. (b) Establish and strengthen national mechanisms that redress election related disputes in a timely manner. I think this has always been emphasised in our country because, should there be a dispute, we always head to the Supreme Court for that purpose. I think there has been redress in a timely manner as entrenched in our Constitution. (c) Ensure fair and equitable access by contesting parties and candidates to state controlled media during elections. We have seen this in the region with one of our neighbours, the United Republic of Tanzania, that has finished its election. Kenya is going into the election in the next, maybe, one-and-half years and this is the same for Uganda and Somalia. As a region, this needs to be very clear because we are all parties to the AU. The issue is having fair and equitable access by contesting parties and candidates to state controlled media during elections. At times, as we ratify these treaties as State Parties in the region, maybe, there is need for actual implementation. This is because it is not just enough to put ink on paper. So, as a region, a lot needs to be done. (d) Ensure that there is a binding code of conduct governing legally recognised political stakeholders, government and other political actors prior, during and after elections. It is good for Members of this House to know that from experience, we always rush to read and acquaint ourselves with these very important codes of conduct in the 11th hour. It is when the membership in the House is not more than 10 Members. When we go out there, we are the stakeholders and players. Then we find they are not friendly or act against us. 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."
}