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{
    "id": 1406255,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1406255/?format=api",
    "text_counter": 181,
    "type": "speech",
    "speaker_name": "Kinangop, JP",
    "speaker_title": "Hon. Kwenya Thuku",
    "speaker": {
        "id": 13380,
        "legal_name": "Zachary Kwenya Thuku",
        "slug": "zachary-kwenya-thuku"
    },
    "content": "this is not cast in stone. I agree with the Chairperson because this Bill can be changed and improved. Members of Parliament are mandated to introduce, amend and pass laws that are suitable for this country. I have carefully read the Bill and its proposals. In the past, all Chairpersons of the IEBC were lawyers, and we have had to replace them after each election due to legal issues. However, I have never seen them defend the Commission in court as they always have a battery of lawyers to do so. Therefore, I disagree with the proposal that the IEBC Chairperson should have the same status as a Supreme Court judge. I believe that anyone with good standing can be the IEBC Chairperson. We need someone who can manage the election process. We do not necessarily need a lawyer but an individual with a basic understanding of the law. An individual who has served in Parliament for a long time is good enough to chair the electoral body. This is one area where I will be proposing an amendment. We need to open up this position and stop giving preferences to certain professional groups. Honourable Temporary Speaker, I have noted the proposal in Clause 6, which states that “Commission shall, after every general election, review its operation and make the necessary changes required to make its operations more efficient, effective, transparent, and accountable.” I agree with this proposal as every organisation should review itself after completing a task. However, we are aware of the past controversies surrounding election processes. Presently, we are faced with issues concerning the 2022 election, with one of the disputing groups calling for an audit of the election. The NADCO Report suggest that a committee should be formed to interrogate the 2022 election because some people want the servers to be opened. However, the said committee is not anchored in any legal framework. An audit after every election would be critical so that checks and balances are provided. The audit committee's mandate should be grounded in law. As much as we will allow IEBC to review itself, a committee should be appointed by the President in the same manner as the IEBC commissioners. This will bring to rest some of the worries that every participant in an election goes through. Instead of resorting to demonstrations, we can wait for this committee to conduct a post-election audit. This will cure some of the problems that we have been facing after every electoral cycle. If this committee is anchored in law, it will help cure some of these issues. I am happy that the Chairperson of the Departmental Committee on Justice and Legal Affairs plans to propose an amendment. In case it slips through his fingers, I will also propose an amendment that the term for the secretary to the Commission should not be less than six years. In the event we appoint one today, he will run an election because his term exceeds an electoral cycle. The proposal for a three-year renewable term limit is not reasonable. The issue of boundary review is immediate and should be addressed urgently. We are running out of time as the Constitution provides that boundary reviews should be conducted at least once in every eight years and not more than every 12 years. We are now approaching the 12-year mark. Therefore, we need to take action sooner rather than later. We must go beyond the proposed amendments and take advantage of this moment to review the Constitution and make the necessary changes. In 2010, when our Constitution was birthed, our population was around 30 million. Today we are approaching the 55 million mark yet our constituencies remain the same. This is limiting as the Constitution only provides for 290 constituencies. It cannot be that we are under lock and key. As members of Parliament and legislators, we should unlock ourselves and give Kenyans fair representation in this House. Hon. Temporary Speaker, on the issue of wards, the Commission has a free hand to increase the number of wards at any given time. However, as far as constituencies are concerned, we are bound by the Constitution. Therefore, it is about time we revisited Article 89 on review of boundaries so that we make an amendment and increase the number of constituencies in this country. 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"
}