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{
    "id": 1334449,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1334449/?format=api",
    "text_counter": 362,
    "type": "speech",
    "speaker_name": "Mandera North, UDM",
    "speaker_title": "Hon. Major (Rtd) Abdullahi Sheikh",
    "speaker": null,
    "content": "My amendment Bill proposes amendments to Article 88 of the Constitution to provide that when the Commission is not fully constituted, the Secretary of the Commission, who is also the CEO, can perform functions of the Commission that are only limited to conducting by- elections, pursuant to Article 101(4)(b) of the Constitution. Currently, the IEBC has no commissioners. The terms of the Chairperson and two other members have expired, and the rest have been removed and/or resigned from office. Therefore, the IEBC is not properly constituted and lacks quorum to conduct its business and execute its mandate. Two vacancies in the offices of Members of Parliament for Banissa and Magarini constituencies have been announced. It is against this background that I propose a legislative proposal seeking to amend the law to ensure that in cases where the Commission is not constituted and can, therefore, not gazette a constituency returning officer to conduct a by- election, there be an officer, preferably the CEO of the IEBC, who can, in an acting capacity, gazette a returning officer to conduct a by-election. The Constitution and the law did not contemplate a situation where there are vacancies in the offices of all commissioners. Strict compliance with the law would have ensured that the vacancies are filled since the law contemplates that recruitment of new commissioners should commence six months before the expiry of the term of a member of the IEBC. Constitutionally speaking, the IEBC has the mandate to conduct and supervise elections and referenda in Kenya. This function is solely the mandate of the Commission. It cannot be performed by any other body, person, or authority unless the provisions of Article 88 of the Constitution are amended. Therefore, this amendment seeks to empower the CEO, who is the Secretary to the Commission, to perform functions ordinarily performed by the Commission. The IEBC Act clearly distinguishes the responsibilities of the Commission from those of the Secretariat. The Act provides that the Commission is responsible for policy formulation, strategy and oversight, whereas the Secretariat is charged with the responsibility of day-to-day administration of the activities of the Commission, as well as implementation of policies and strategies."
}