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{
    "id": 1480978,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1480978/?format=api",
    "text_counter": 211,
    "type": "speech",
    "speaker_name": "Sen. Mungatana, MGH",
    "speaker_title": "",
    "speaker": null,
    "content": "physical results shall prevail if there are any doubts about the electronically transmitted results. I also think that this law should create some consequences for those of us who are candidates and refuse to accept results. This is something that we need to deal with. If I run for the Senate seat and refuse the results yet my political party participated in the trial run that I am suggesting; signed against the fact that this system owned by IEBC is correct and good, and then after that, I disparage the results to say IEBC was compromised--- We must have some consequences against candidates like those. In Kiswahili, there is a saying that says, asiyekubali kushindwa, sio mshindani . It creates a lot of tension when a gubernatorial or a presidential candidate says the results are fake. It is not right. If we have gotten the electronic system proper, signed to it as political parties and as independent candidates; challenge us with specificity if you come back to tell us that I do not accept those results. Say there is a fake result in polling station ABCD but not causing tension around the country. When people are in election mode, there is already a lot of tension. I am glad that this law has attempted to deal with various issues. However, we also need to bring in some matters here that will bind candidates who are not being honest with themselves and with the system of electioneering that we chose as a nation. I will go back to the evaluation report. The evaluation report has given a framework under Clause 87A. It has listed that the audit must include the review of the legal framework. It has said that there will be a review of the role of the media, the role of civil society, voting procedures on election day and many things. However, it does not say what we do with this report. It is like an exercise in futility. It is like writing a thesis and then leaving it at the university library. I was to propose that a proper way of dealing with this audit must be found. That should include sending to the various agencies for action, so that if there was a fraud, for example, it was found by that report that there were exaggerated costs in the electioneering process for the procurement of certain goods, then people must bear the consequences. If they say that the information technology was compromised, and what we were shown is not what happened during the election, then there must be consequences. So, it is not enough to say that we should review and carry out an audit of what happened in the elections. The audit must be followed by action within a time limit of six months. Consequences must revisit those who mismanaged the elections and those who committed crimes in the election period. That way, we would create certainty. Officials who are charged with this sacred job will not mess up with the people of Kenya, wherever they are voting, and whatever it is that they are doing. So, I will be proposing amendments to buttress this provision so that this evaluation can go somewhere. It should not be like a thesis in the university. I will also be proposing a change on some of these provisions to provide for a trial run for the technology, so that the people of Kenya can have confidence in the integrity of the election process. On the whole, this is a very good improvement of the election laws that we have. 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."
}