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"id": 1094304,
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"type": "speech",
"speaker_name": "Garissa Township, JP",
"speaker_title": "Hon. Aden Duale",
"speaker": {
"id": 15,
"legal_name": "Aden Bare Duale",
"slug": "aden-duale"
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"content": " I totally agree with Hon. Junet that the final powers lie with this House, whether he gazettes 10 times, it is null and void. That is what the Statutory Instruments Act says. In fact, it is not just for the Chairman, Mr. Chebukati, but it is for anybody bringing statutory instruments or Regulations to this House. First, they must gazette, but the power lies with the Committee on Delegated Legislation. That is why the Committee on Delegated Legislation brings some of the Regulations to the House for approval like the Value Added Tax, and there are some they do not need to. They can annul and go away. Because I had the benefit of going on air on television last night and I do not go on television unless I research, I read to the House that the Election Campaign Financing Act No. 42 of 2013 in Section 12 provides that the IEBC shall, at least, 12 months before the general elections, by notice in Gazette prescribe the limit as follows: Total contribution; contribution from a single source; paid up media coverage and loan forming part of the contribution. In as far as Section 12 of the Election Campaign Financing Act is concerned, the Chair of the IEBC has not committed a crime. Whether this House will agree with him or not, the House can say that he got it late and it can even reduce the figure. Let me finish. If fact, Hon. Junet provided information. Secondly, it is notable that the 12 months’ timeline is on the IEBC to gazette. That is what the Act says. Let us not talk out of ignorance. If someone wants to challenge, challenge me on a section of law. If the IEBC was wrong, why did the Leader of the Majority Party table the Regulations? He should not have agreed to table the Regulations. He tabled them on Thursday. The moment the Regulations were tabled and the Speaker submitted them to the Committee on Delegated Legislation, the train left the station, Hon. Leader of the Majority Party. The next course we are waiting for is for the Committee on Delegated Legislation, led by the Chair, Hon. Kamket, to come and tell the House whether there was an illegality or whether there was a procedural hitch. I agree with Hon. Junet and the rest that they were given one year, but they brought the Regulations at midnight of the last day of the year. That is mischievous. Let us say it was even one year or he could have even brought them last year in August, which was the time given to him. On the matter of the Kshs40 billion, democracy is expensive. If this country can get a credible, free, fair and peaceful elections out of a budget of Kshs3.3 trillion, what is Kshs40 billion if that can give us a credible, free, fair and peaceful elections? This money is not thrown away. 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."
}