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{
    "id": 1406389,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1406389/?format=api",
    "text_counter": 315,
    "type": "speech",
    "speaker_name": "Mathare, ODM",
    "speaker_title": "Hon. Anthony Oluoch",
    "speaker": null,
    "content": "responsibility will be on a commissioner, then he or she should be able to develop a system on how we can store our election data. I also agree that we need to increase the selection panel from seven to nine people. One of the things you must do when you conduct an election is to imbue confidence among the players and the people who will vote. That is so that there is confidence that election referees will be impartial when citizens exercise their rights under Article 38 of the Constitution. Showing that impartiality to Kenyans begins with the selection process. Increasing the number from seven to nine achieves inclusivity. I note with satisfaction that the nominees of the Parliamentary Service Commission include a representative of the Majority and the Minority. Similarly, there is a representative of the party or coalition of parties forming government or is the Majority. There is a representative of the party or coalition of parties that forms the Minority. Other people and diverse stakeholders are included. This goes a long way to try to ensure that there is inclusivity and confidence building in the process of recruiting commissioners with the widest possible acceptance. The Bill also seeks to ensure that the IEBC conducts an internal review equivalent to the audit that many Kenyans were asking after the 2022 election. It will now be a requirement. One of the things the IEBC would say is that there is no law demanding or requiring them to carry out an audit. The requirement is now there. This audit should include, among other things, an audit of the servers. One of the questions at the Supreme Court for every election petition is an audit of the servers. The servers are extremely opaque. They are sublet to foreign countries or persons in foreign countries, whom we are unable to reach. They would then say that they have intellectual copyright issues that do not allow them to allow people to get into these servers. I think there will be need for accompanying regulations. Whoever gets these contracts, if they must be foreigners, must cede to the fact that it is the right of the electorate and the people who vote and contract them to access these servers to carry out reviews. The reviews include an audit of results and elections stored in those servers. This Bill also seeks to ensure there is cohesion. We have intended or sought to deal with historical questions of the dispute of the last election since this has been achieved by the manner in which we try to carry out the selection panel, in particular, the issue about the four commissioners who were subjected to a dishonourable exit. We have recently buried General Ogolla. With the burial, belatedly, none other than the President of the Republic of Kenya and the Cabinet Secretary for Defence exonerated General Ogolla from any ill intent during the last election. Similarly, we need to review the decisions made against the four commissioners and exonerate them by allowing them a dignified exit. This is so as we have closure and realise the bipartisan spirit with which we approached the talks that gave birth to this amendment Bill. Because of the Bill that will be passed, we need to review and recall the decision that gave these commissioners a dishonourable exit. There is a question of delimitation. Delimitation under the Constitution was intended to be done, at least, eight years and not later than 12 years. Unfortunately, because of the circumstances that led to the last general election and the untimely exit of the commissioners and its disbandment, we are approaching the tail end, actually, the last month, the 11th hour, 55th minute of the time that the Independent Electoral and Boundaries Commission is required to carry out delimitation. The question of delimitation has a number of implications. There are, at least, 30 constituencies that were saved during the last delimitation. What will happen to these constituencies is something that this Bill should seek to address because once it expires even those Members of Parliament and I see Member for Ruiru sitting here, I am not sure that his constituency was among the ones that were saved. If his constituency was one that was saved, it means that he ceases to be a Member of Parliament, and his constituents will cease to enjoy all other services 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"
}