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{
    "id": 1158716,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1158716/?format=api",
    "text_counter": 337,
    "type": "speech",
    "speaker_name": "Kipipiri, JP",
    "speaker_title": "Hon. Amos Kimunya",
    "speaker": {
        "id": 174,
        "legal_name": "Amos Muhinga Kimunya",
        "slug": "amos-kimunya"
    },
    "content": " Hon. Temporary Deputy Speaker, I had started moving the Bill. I had identified its four key objectives and I do not need to repeat them. I was discussing the third objective, which is the extent to which this Bill seeks to align the Act with the court judgments that have been made following challenges with previous elections. I did indicate that as a result of the judgment in the Katiba Institute decision, Section 39(1)(c), (d), (e), (f) and (g) were declared invalid for being unconstitutional. I did indicate yesterday that the risk we still have is that these provisions still look as if they are part of the Act. Anyone downloading the Elections Act (No.24 of 2011) will still find these provisions. Until Parliament pronounces itself on what provisions to be deleted from the law book, they will still remain there. They are redundant provisions, but they are still part of the Act. This Bill seeks to expunge them from the law books because the courts have declared them unconstitutional. In terms of Section 39(1)(c)(a), the court was unhappy with the way it is worded. Consultations between the Attorney-General’s office and the IEBC as the primary stakeholders have come up with a new formulation to entirely replace the provisions with a more systematic formulation that starts from the polling station. The court did underscore the primacy of Forms 34A and 34B. Results declared at the polling station are final. The Bill seeks to capture the flow of results. Once results are announced at the polling centre, the presiding officer will electronically transmit the image of the results directly to the national tallying centre and will also manually transmit the same to the constituency tallying centre. The constituency returning officer is then required to collate the constituency results and declare the winner and physically deliver the collated results to the national tallying centre. The job of the Commission is to verify, tally and declare results of the presidential election. 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."
}