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{
    "id": 1094271,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1094271/?format=api",
    "text_counter": 153,
    "type": "speech",
    "speaker_name": "Kitui Central, WDM-K",
    "speaker_title": "Hon. Makali Mulu",
    "speaker": {
        "id": 1955,
        "legal_name": "Benson Makali Mulu",
        "slug": "benson-makali-mulu"
    },
    "content": " Thank you, Hon. Speaker. I must thank Hon. Junet for raising this matter. I am saying this because yesterday, as the Chair of the IEBC addressed the media, he said things which disappointed me. What he said amounts to undermining Parliament. Facts are very stubborn. When you say the truth, it will always remain the truth. The truth of the matter is that the Regulations were brought to this House last Thursday. Between Thursday and today, there is no working day for Parliament because it does not sit on Friday and Monday. The only sitting day is today. As Hon. Junet has said, these Regulations are supposed to be in place a year before the general elections. Yesterday was 9th August. The next general elections will be held on 9th August 2022. This implies that even as we discuss these Regulations before they have even been discussed by the relevant Departmental Committee, we are already past the timelines required by the Constitution. There is a bit of dishonesty. If this is what we are experiencing in relation to Campaign Financing Regulations, what are we going to experience in the real elections come next year? That is why we need your guidance. When the IEBC Chair was making his presentation, he said that the Regulations were tabled in this House in 2016 and what they have sent to this House is just a letter requesting Parliament to approve them. The law is very clear. The reason as to why the Regulations were here in 2016 is because there was supposed to be a general election in 2017. There is a record confirming that this House suspended the Election Campaign Financing Act on the same basis. The fact that it was suspended in 2017 means between 2017 to date, we have not been having any Regulations as a House. Hon. Speaker, I got surprised when the IEBC Chair claimed or purported that he had submitted the Regulations. I even remember when they were submitted. You have even raised the issue of timing yourself and you have been quoted in the media on the same. I would want you, even as you consider what Hon. Junet has requested, to confirm to this House whether the draft Regulations before this House read: “Campaign Financing Regulations, 2016” or “Campaign Financing Regulations, 2021.” That will sort out the matter. If the draft reads “Campaign Financing Regulations, 2021” then, Mr. Chebukati would have no business talking about 2016 Regulations because doing so would be misleading Kenyans. The worst thing is when a person at the level of Mr. Chebukati, a respected lawyer, misinforms the country in terms of facts. Hon. Speaker, I look forward to your guidance in terms of how we move forward. If this House spends its time to approve this draft Regulations and then somebody goes to court to raise issues of public participation, will we not have acted in vain as a House? We have many Omtatah’s in this country. Even if Parliament approves these draft Regulations, a court of law can rule that they are not applicable. This is not the first time such a thing has happened. The courts in this country have in the past nullified Acts of Parliament on the basis of lack of public participation. The other issue is that even if we reject this draft Regulations, Mr. Chebukati has already told the public the campaign financing caps for the various categories. How will we retract that information from Kenyans? These are serious issues on which we need your guidance, so that we know how to proceed as a House. Thank you, Hon. Speaker."
}