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{
    "id": 1406338,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1406338/?format=api",
    "text_counter": 264,
    "type": "speech",
    "speaker_name": "Kesses, UDA",
    "speaker_title": "Hon. Julius Rutto",
    "speaker": null,
    "content": "provided ambiguity. That is why the wisdom of the courts of Kenya found it to be unconstitutional. I praise the Departmental Committee on Justice and Legal Affairs for finding that this is the right time to align and enable us to absorb some questions raised during the recent Supreme Court decision on election. We should not find ourselves in the same quagmire in future elections. It is coming out clearly that the chairperson is an office that shall oversee election in a given period, more so the national elections of the presidency. It is a preserve of that office holder or the chairperson to ensure that he or she presides over the election and pronounces results. I praise this amendment. It has captured it. The other issue is selection of commissioners. Professionalising the Commission is timely in nature. For instance, we remember the issue of vifaranga vya kompyuta came up in the 2022 elections. We realised that all these confusions came around because commissioners could have had challenges in understanding technology. Kenya and the entire world is shifting to run elections through it. A requirement on testing or selection of commissioners who possess knowledge in ICT is very important. We cannot run away from ICT. The whole world has changed. We are even improving from ICT to AI. The AI is applicable in running or interacting with systems and human beings. Who knows whether the AI will make much contribution in election processes in future so that we achieve certainty and free, transparent and credible elections. All these technologies are meant to provide support so that Kenyans have confidence in election processes. Therefore, commissioners who oversee these elections should have knowledge in technology. The other issue is accounting. We understand that an election is not only about conducting it. It is a process that engages documentation, tools, strategic materials and the process from beginning to end. In fact, the means justifies the end. Having commissioners with basic knowledge in accounting will be of importance so that they not only look at what the law provides, but also interpret figures. The other issue is looking at documents at tallying centres and interpreting them. We know that elections end with Form A and Form 34A at tallying centres. One should be able to correlate the two documents and ascertain truthfulness in what is lifted by imaging systems to the national tally centre. One should be able to ascertain the results. Another issue is the term limit of the secretary to the Commission. This amendment provides that the secretary to the Commission shall serve for a three-year renewable term. I do not find it logical because, at the end of the day, we want to ensure that the Commission can oversee an election from start to completion. This particular amendment provides a clause on post-election audit to be undertaken, the secretary should oversee the process from start up to the writing of the audit report. Kenyans will be yearning to know the outcome of an election process through the audit that shall be conducted by an expert employed or engaged by the Commission. Therefore, I propose that this particular clause be looked at so that the secretary is given one non-renewable term of six years like other independent commissions. The person will be certain on his work. Who knows the political turmoil and changes that will occur? Three years is so short that the person may not have time to learn, craft a strategic plan and execute it. Three years will create uncertainty to this person and in the long run, when changes occur or when political temperatures rise, as we all understand, it will affect the performance of the Commission. Another important issue I would like to dwell on is the post-election audit. All these problems always arise before any election and people begin to recall the scars of the previous election because the outcome of that election was not known to Kenyans. We need experts to audit and report to Kenyans how the election was conducted and its outcome. That will give confidence. We all understand that an election is a dynamic process. How it was done 10 or 15 years ago is unlike how it is today. 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"
}