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{
    "id": 1411412,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1411412/?format=api",
    "text_counter": 160,
    "type": "speech",
    "speaker_name": "Hon. John Makali",
    "speaker_title": "",
    "speaker": {
        "id": 13622,
        "legal_name": "John Makali",
        "slug": "john-makali"
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    "content": "to reference materials, that the Commission shall use as primary reference the reports of the County Boundary Review Panels. This entity’s composition, creation, lifeline and timeline is not described in this Bill. So, at the appropriate time we will seek to move amendments in the Committee of the whole House so that we can define the County Boundary Review Panels and how they will be created. This Bill also seeks to align the Act with what the courts have said. I am always reminded that as we exercise authority on behalf of the people, we must always be alive to the fact that we are also subjected to checks and balances by other institutions specifically, the Judiciary. In two leading decisions, the court in the Katiba Institute and Isaiah Biwott case, declared various provisions of the IEBC Act to be unconstitutional. As we exercise our powers under Articles 94 and 95 of the Constitution because we have the powers to make laws, I am always reminded that we must know we are also subjected to checks and balances. The courts have said that some of the provisions existing in the Act specifically, with regard to the provisions of the Chairperson are unconstitutional. Therefore, this Bill seeks to align the provisions in the Act with what the courts said. This is because both the courts and us are agents exercising delegated authority on behalf of the people of Kenya. The Supreme Court, in the Presidential Petition clearly indicated that IEBC has serious institutional and dysfunctional problems. We need to wholesomely look at entire laws governing our elections so that we can have a seamless election. This will ensure that at the end of each and every election, the people of Kenya do not fight or draw groups because of the verdict of the elections. There are several provisions in this Act which I think are obsolete because they are referring to the first review in the first elections. So, the amendments are well intentioned. Of critical importance is the amendment that seeks to tie the term of the Chief Executive Officer (CEO) who is the secretary to the Commission, to a period of three years. In the Committee we got representation from the public specifically, the Office of the Attorney-General, Office of the Registrar of Political Parties and IEBC itself. They clearly indicated that a period of three years for the CEO is short for him or her to actualise what they are supposed to do in that office. As a Committee, we shall move amendments in the Committee of the whole House seeking to extend the period of the CEO of the Commission to a period of six years non- renewable. Why are we thinking that way? It is because, if we have the CEO serving for a period of three years, he might end up not conducting any elections at all. You know elections come after a five-year cycle. So, in the Committee of the whole House, we will propose to tie the tenure of the CEO to the tenure of commissioners. A period of six years as recommended in our Report. After each and every election, the IEBC is supposed to present a report which is supposed to guide the House on what went right or wrong and what needs to be improved in the conduct of the previous election. In the amendment, it is proposed that the IEBC should bring the report within a period of 18 months. And we are totally in agreement with that recommendation. In 18 months, we will have dealt with all the disputes arising after the election. Parliament can then consider what pieces of legislation it needs to make in respect of the electoral process. This Bill is co-sponsored and we urge Members of both sides of the aisle, whether on the Government or the minority side to support this Bill. It seeks to entrench consensus in matters that are very divisive such as elections. This Bill is a product of the National Dialogue Committee Report and the views that were received from the public. We will be seeking Members on both sides of the aisle to support this Report. We will thus move with speed to constitute the selection panel so that we can have the IEBC in place. As we speak, the residents and constituents of Banissa have no representative in this House, and have been disenfranchised. We have another 11 wards in this country that have not been able to conduct by-elections because of the absence of the IEBC. 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"
}