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{
    "id": 1094297,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1094297/?format=api",
    "text_counter": 179,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Hon. Speaker, from the outset, as we discuss this very critical matter, let us not injure the credibility of the election body. As we approach one year to the general elections, it is upon us as leaders to make sure that we give a fair judgement of the body. That includes you, Hon. Speaker, as a front-runner in the next election. That is the referee that will decide for us. I had two issues with Chairman, Mr. Chebukati. I really want the womenfolk to forgive me. From experience, this House has not implemented Articles 27 and 81 of the Constitution on the two-thirds gender principle. We have tried, but have not attained it. The only thing that this House has passed, which is in the Senate, is the Representation of Special Interest Groups Laws (Amendment) Bill, which was to cure that issue. The IEBC and its chairman will only conduct their affairs based on existing legislation and laws, whether it is the Elections Act of 2011, the Independent Electoral and Boundaries Commission Act that governs them and the Constitution or the Political Parties Act. The chairman is purporting to use an advisory opinion from the High Court in Petition No.17 of 2017 between the Katiba Institute and the IEBC. I will quote the judgement, which says that the IEBC to use administrative methods in implementing the gender principle. So, the IEBC cannot enforce and ask parties to present a nomination list based on a law that does not exist. If the Orange Democratic Movement (ODM), the United Democratic Alliance (UDA) or the Jubilee Party conduct nominations in Garissa Township and the followers of those parties decide to elect a man, so be it. If they elect a woman, so be it. Mr. Chebukati cannot force the two genders on political parties as far as party nominations are concerned. He was wrong on that. Secondly, I want Members to read the Election Campaign Financing Act that this House passed, more so sections 12 and 13. As the Speaker makes a determination, the submission and gazettement of the Election Campaign Financing Regulations, which are given one year before the elections, are only binding on the IEBC. They are not binding on this House. We have the Committee on Delegated Legislation in this House. They will sit tomorrow, bring us a report and we can decide to agree with them or not. The Chairman of the IEBC complied with the Election Campaign Financing Act to make sure that he gazetted the Regulations just before midnight on 9th August 2021."
}