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{
    "id": 1480981,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1480981/?format=api",
    "text_counter": 214,
    "type": "speech",
    "speaker_name": "Sen. Cherarkey",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "Mr. Temporary Speaker, Sir, from the onset, I want to support with reservations the Elections Offences (Amendment)(No.2) Bill (Senate Bills No.28 of 2024). If there is any aspect in this Parliament, and in this Republic of Kenya that we have over-legislated, and we continue to over legislate is the issue of elections laws in this country. We have amended the Election Act until we do not know the original Election Act of 2011. Therefore, it shows our mistrust of the value system of accountability and transparency and the ability to trust institutions as a country. You no longer know the identity of the Election Law or Act as it was assented to by President Mwai Kibaki in 2011. For us who grew up in rural areas, and maybe you also, you used to go to school with “Mungu Shoes” which means barefooted. We used to have shorts with so many patches; inapigwa viraka until the original short that you are wearing changes the color. I think that is what happened with the election laws. We no longer have the original identity of what the election laws were. It has been changed through the character. In the last Session when I chaired the Justice and Legal Affairs Committee (JLAC), we tried to amend, review and delete the elections laws that we have in this country. It behooves that, the issue with our elections is the deficit of trust. It is not about lack of laws or the institutions that we have like IEBC. You are aware today as we talk, Banissa, Magarini and other county assemblies are yet to elect their Members of Parliament, which continues to challenge the validity of existence of Parliament as constituted. This is not only on the issue of gender, but in terms of representation. They are yet to do their elections in order to be represented either in the county assembly, the Senate or in the National Assembly. It is not because of lack of laws but deficit of trust in our institutions. I am happy that this Bill essentially wants to clean-up the elections laws and the Elections Act. I think it is a clean-up but others are reactionary. Others want to water it down because of political rights. I have seen the deletion of recalled clause based on the decisions of the courts in the Wambui case. Additionally, in the Katiba Institute Case, Section 45 and 48 of the Elections Act, the parent Act has been deleted based on a court's decision yet, we should be reviewing it. 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."
}