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"id": 1158741,
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"type": "speech",
"speaker_name": "Ruaraka, ODM",
"speaker_title": "Hon. T. J. Kajwang’",
"speaker": {
"id": 2712,
"legal_name": "Tom Joseph Kajwang'",
"slug": "kajwang-tom-joseph-francis"
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"content": "The third thing is that we have to crystallise the court cases that have come about. Remember the Supreme Court, the Raila 1 and the Raila 2 petitions. Remember the second presidential vote, remember several cases that have happened, starting from the Katiba that the Leader of the Majority Party talked about, to the others that emanate from the Supreme Court decision. This is how democracy works. We make the law, but somebody else interprets it and somebody enforces the law. When we did our best as at that time, the courts have scrutinised some of those specific provisions and have found them unconstitutional, void or some cannot be operated. If you do not work on them, then you have a vacuum. You cannot allow the law to operate in a vacuum. Law must be there. Members need to know Hammurabi, the law giver. We cannot shy away. We must give the law. If the court says that this is unconstitutional, we must address that situation and say what the law must be. We have summarised all those kind of cases and identified which of those have been affected, and in what manner they can be rectified. Those are not idle issues; they are important. I want to underpin the importance of this legislation and how it will affect the elections to come. Specifically, we interacted with this Bill when it was a legislative proposal, that is before even the Leader of the Majority Party conceive it to be a Bill. I was telling him the other day that we have engaged on this for more than eight months, but he did not believe me because he was shown these proposals much later. But because of that, we have some background. We also interacted with the stakeholder. This Bill has gone through very serious public participation from the finest legal minds you can find in this country. I assuage Members who may feel that there is something which they do not know in this Bill. What human beings can do has been done in this Bill, and it is safe."
}