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{
    "id": 1158749,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1158749/?format=api",
    "text_counter": 370,
    "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"
    },
    "content": "things can still work. Especially to the Member for Suba North, I am sure she is not going to stand as an independent. But, she must be vigilant to create some space for herself. There is no politician who wants to close himself. Which cat would want to have a house without a window? We will just be less than wise if we were to do anything like that. So, Member for Suba North, I know you have a direct ticket in your hand or somewhere in your purse. But, if something happens – because something can happen – you still have a period of some 13 days by which you can still be an independent candidate. Now, there is a new clause that is not so serious. What is serious is Clause 20, which is dealing with Section 39 of the parent Act. This is what I may want to spend a few more minutes on. The Leader of the Majority Party has explained very well. When you look at a case, there is what is orbiter dicta, and there is what is called raison d’etre. People have been saying this section is unconstitutional and it is void. But, we went into those cases and read them page after page – as you have ably read them there – to know what was in the mind of judge and what the judge found offensive. We went into all these sections and we found that the problem with electronic transmission was not that it was not clear. The problem the judge found was that there was a piece of legislation which is saying that results will be transmitted. However, it does not say what will be transmitted. Then it says a returning officer will go there physically. So, the judge said: “How could you have thousands of people trooping in the national tallying centre with nothing, and they claim to be transmitting things?”. --- I think you will have to give me time---We have been here since--- I am summarising. I will be there. He says there is an essential ingredient which is called “Prescribed form;” that was the word which that legislation missed. So, the moment we fixed “prescribed form,” it was sorted. We need to talk about complementary mechanism. The Leader of Majority Party, we need to see regulations being approved by the House. In fact, we have done it in text so that it does not have to go to delegated legislation. We are going to scrutinise it here in Plenary. If we are thorough with it, we will allow it. I know that Section 83 was a problem. So that we avoid the problem we had with Section 83, we have decided to let it go and let the Constitution and the law speak for itself. The last one is settlement of disputes. I have just received a text from the IEBC that is persuading me to rework the contents of Clause 22 so that IEBC has a jurisdiction of dispute settlement, and that dispute settlement should be in 72 hours from the final date of registration of candidates. The timing is still 72 hours, but they are saying it must be after registration of all candidates. If you do not do that and let them publish, it will be final. The question then will be, now what---"
}