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{
"id": 1480982,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1480982/?format=api",
"text_counter": 215,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
},
"content": "There are many factors and safeguards that this Constitution has put on State officers. One is the impeachment process, two is the vote of no confidence, three is the censure Motion, four is the recall. These are safeguards that the Constitution has provided to checkmate the elected officials or State officers within the structure. Therefore, when you see this Bill trying to delete a section, purportedly that it was based on Wambui case or Katiba Institute case that was being decided, we are undermining the right of recall, which is a constitutional matter given as a safeguard. Therefore, I found the drafters being mischievous. We will be creating political demigods because if you are an elected MP or a Member of County Assembly (MCA) and you know you cannot be recalled, that can be a face of impunity. Like governors, the president and the deputy president can suffer the fate of a censure motion including the cabinet secretaries, through vote of no confidence. Also impeachment proceedings can be instituted against governors, the deputy president or the president. I am happy with Section 6 and therefore I do not agree with the deletion of Sections 45 and 48 of the principal Elections Act, because it does not come in good faith. I am also happy that there is an amendment to allow the Commission to open and access the voters’ register, verify and confirm the voter’s details. Therefore, this will apply at all times, except during elections, by-election, general election or a referendum. It is a high time as a country that we encourage many young people who are yet to register as voters to use this opportunity to register, so that their voice can be heard. As you are aware, the United Nations Declaration on Civil and Political Rights and even the 1948 United Declaration on Human Rights, one of the rights is the right to vote and another right is to participate in political rights as envisaged in Article 38 of the Constitution of Kenya. Additionally, the international instruments are provided for in Article 2(6) of the Constitution, which emphasizes on that need. Therefore, that access gives impetus. It gives the right to vote, the right to participate in an election and the right to register as a voter which is the import that the Constitution envisaged from Article 80, 87, 88 thereabouts. Mr. Temporary Speaker, Sir, there is the issue of deletion of Section 22 of the Principal Act. There are people who should be celebrating today. We said that you do not need to go to school to be a leader. Section 22 had proposed that you needed to have a degree, apart from the other requirements, if you wanted to run for a seat as a Member of Parliament (MP) in the National Assembly or Senate. We had postponed that requirement in two elections. One of the requirements was that you should have a degree from a recognized university if you wanted to be an MP or Member of the County Assembly (MCA). This section has been deleted. In the Katiba Institute case, I proposed to delete Section 22 of the principal Act. One of the reasons was that before you run for a seat, there were minimum requirements like you must be a Kenyan and registered voter. The people who should celebrate the most tonight is the MCAs and MPs because we have removed educational requirements. You only need to convince the voters why they need to elect you. You should also know 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."
}