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{
    "id": 1045623,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1045623/?format=api",
    "text_counter": 86,
    "type": "speech",
    "speaker_name": "Rarieda, ODM",
    "speaker_title": "Hon. (Dr.) Otiende Amollo",
    "speaker": {
        "id": 13465,
        "legal_name": "Paul Otiende Amollo",
        "slug": "paul-otiende-amollo"
    },
    "content": "Boundaries Commission (IEBC), Parliament and the President. They are all captured in the Report and we will come back to them. Clause 6 talks of the manner of formulating the Bill. The Bill talks of participation, inclusivity and accommodation of divergent views while formulating the draft that is to be considered. Further amendments in line with Article 257(2) and (3) talk about the promoters framing the draft for consideration in a clear manner and remove the proposed discretion of Parliament to reframe something that was already framed and sponsored by 1 million people. We will speak to that more at the Committee stage. Clause 7 of the Bill, while it talks to the referendum on other issues, the Committee recommends its deletion because it is not necessary. It talks about holding a referendum at the county or local levels. We will introduce an amendment to that effect. The Committee is of the view that, that kind of local referendum is captured in Section 90 of the County Governments Act and, therefore, you do not need it here. It also seeks to remove the idea that the President can initiate a referendum by fiat or without any consultations. The provisions hitherto as proposed were that the President could frame any issue and ask the commission to conduct a referendum on it. That fiat is what we want to correct and we will introduce that at the Committee Stage. Clause 8 is to be adjusted and the Committee recommends its deletion. It is of the view that it is not necessary because it contemplates other legislation as if we would pass this law and have other legislation on a referendum. We agreed that whatever we need to have on the referendum should be in this law. If we need to add or remove anything, then we should do it in this Bill. Clause 9 speaks to the procedure for the conduct of a referendum. Further amendment adopted by the Committee seeks to adopt the timelines. These were adopted from the Constitutional Implementation Oversight Committee (CIOC) draft and we were in agreement that it is a good idea to adopt these timelines. It seeks to have seven days for the IEBC to assign symbols. The point being that the Constitution so far prescribes timelines only for the county assemblies which are 90 days. It remains open in terms of IEBC, Parliament, the President and many other players. The Bill seeks to introduce a clear timeline so that we know if one is introducing an amendment by popular initiative, what it will take and including if there will be a petition in the High Court - I will get to that. Clause 10 as currently crafted is to be amended by deleting the word “options”. In this context, the Committee was of the view that in the provisions under Articles 81 and 82, and Articles 257(2) and (3) of the Constitution, anyone who seeks to move any amendment should consult as much as possible, accommodate divergent views and make sure that whatever product he comes up with, by way of a draft, accommodates as many people as possible. However, having done that, ultimately the question that he must ask Kenyans is if they agree with his draft or not. If they say no, it fails and if they say yes, it passes. Clause 11 talks of referendum committees and it is recommended for deletion by the Committee. The Committee is of the view that there is no need for the Bill to limit the number of referendum committees. You cannot say that if there is a referendum, you can only have one committee for those who support and one committee for those who oppose. Kenyans must have the discretion to support or reject for whatever reasons without having to cocoon them into one. The initial suggestion in the Bill was that, for each side, there will be a committee to be headed by a chief agent and that everyone who wants to support or oppose must go to their specific agent. That is not democratic or in keeping with the Constitution. 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."
}