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{
    "id": 1480903,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1480903/?format=api",
    "text_counter": 136,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "with another candidate in Form B. When the officials come to court, they will say that it was an unintentional mistake and not deliberate. You cannot joke with somebody's votes. If I have garnered 400 votes at the polling station, I expect the same votes to be protected and preserved to the tallying centre, be it for an MP or a Senatorial candidate. This offence is going to make it punitive for any official working with IEBC to make any alteration. The results that you announce in Form A, must be reflected in Form B and C. It will no longer be an excuse to tell us that the mistake was not deliberate, and that it was unintentional. Now, if you do not transmit the results as they were announced at the polling station, this proposed amendment is making it an offence. We have seen it in many elections. In 2013, I represented Hon. Richard Tongi in an election petition for Nyaribari Chache Constituency against Hon. Chris Bichage. The contention in that election was from Bobaracho Polling Station, where there was a lot of manipulation on the results that were garnered at the polling station and those transmitted to the tallying centre. When we argued in court, there were two versions; the one that was declared at the polling station and the one that was declared at the tallying centre. The interesting aspect in that case was that if you were to rely on the results that were declared at the polling station, Hon. Richard Tongi was to be the winner. If you took the one that was declared at the tallying centre, Hon. Chris Bichage was to be the winner. You can imagine the kind of doubt you create as to who is a winner in this context. The judge had no option other than nullify that election because of the doubt that was created. The votes that were garnered by the two candidates from that polling station was materially affecting the outcome of the election simply because of a mistake of a scrupulous official from IEBC. The tragedy is that no criminal sanctions were taken against the officer who was involved. This proposed amendment is going to make it an offence for anybody who makes any alteration on the outcome of any results, either deliberate or undeliberate. As a country, this is the only way we can make the lucky Kenyans who have been tasked to manage our electoral processes in this country conducts elections with integrity. This will ensure that elections truly reflect the will of the people. It will not be easy to impeach or overturn an election petition. We waste a lot of time as a country going to court, then the electoral court overturns an election and you go back to the people. It is very expensive to the candidates and the country and does not leave a lot of credibility on our elections. Finally, there is the offence of conducting elections in un-gazetted polling stations. This was a very contentious issue during Hon. Raila Odinga versus Hon. Uhuru Kenyatta elections, where it was alleged that in several areas, in some parts of this country, including North-Eastern Kenya, the electoral officials decided to convert - I do not know whether to say convert or create polling stations and say that they were trying to take care of nomads. However, the law is very clear. It says a polling station must be gazetted. Madam Temporary Speaker, Sen. (Dr.) Khalwale knows that. A polling station must clearly be gazetted. So, this particular amendment is making it a serious offense for any electoral official to conduct elections in un-gazetted polling stations. If we have gazetted Girigiri Primary School as the polling station of Bosamaro Ward in West Mugirango, nobody has The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}