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{
    "id": 1494689,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1494689/?format=api",
    "text_counter": 406,
    "type": "speech",
    "speaker_name": "Sen. Cheruiyot",
    "speaker_title": "The Senate Majority Leader",
    "speaker": {
        "id": 13165,
        "legal_name": "Aaron Kipkirui Cheruiyot",
        "slug": "aaron-cheruiyot"
    },
    "content": "Clause 20 of the Bill proposes to amend the Act by inserting new Section 38(a) to provide for the designation of polling stations by IEBC and publishing them in the Gazette at least three months before the date of any election. We have argued before about the creation of polling stations. Sen. Eddy has a thing or two to say about this. I read some of the things he said about the IEBC elsewhere. We are making it a provision in the law that three months before the election, IEBC must publish the list of all the polling stations by Gazette Notice. Kenyans will be able to check so that we do not have issues arising like the creation of certain polling stations just like that fellow, Jose Carmago. Clause 22 of the Bill proposes to repeal and replace Section 39 which provides for the determination and declaration of results and substitute it with a new section. The new section proposes that results at the polling station shall be final and the Presidential election shall be tallied, announced and declared and electronically transmitted before all other elected positions. Further, the new section has omitted provisions providing for- (IE) where there is a discrepancy between electronically transmitted and physically delivered results, the Commission shall verify the results which is an accurate record of results tallied, verified and declared at the respective polling station shall prevail. (IF) Any failure to transmit or publish election results in an electronic format shall not invalidate the results as announced and declared by the respective presiding and returning officers at the polling station and constituency tallying center respectively; because this is technology, things happen. Part C is a requirement for Independent Electoral and Boundaries Commission (IEBC) to establish a mechanism for live streaming of results as announced at the polling station to facilitate public information. This is part of the public trust building mechanism. IEBC has part of its system that would allow somebody to visibly check and confirm results after the declaration of the Presidential election results at Kapmaso Primary School in Kabianga Ward where I vote. Unless you have somebody, who was at Kapmaso at the time of declaration of that result, or at Bomas of Kenya, sometimes it is difficult to verify. Therefore, the easier thing to do is to make this information public so that I can easily check and confirm. If they announced that candidate X secured 400 votes, that is what is reflected in the IEBC portal. Clause 23 of the Bill proposes to amend Section 44 which provides for procuring technology. It proposes that the Commission shall ensure that the intellectual property to the technology is vested in the Commission. Sen. Oketch Gicheru should know why this forms part of that conversation. A supplier of the technology to be used shall not be found guilty of violating any procurement law or committed any crime anywhere in the world. Additionally, this is about open the server conversation. In 2017, the conversation was that the servers were asleep somewhere in France. This is a part of addressing and providing clarity to that. Clause 24 of the Bill proposes to amend Section 44A which provides for the complementary mechanism for identification of voters by inserting the words ‘transmission of election results and mandating IEBC to make regulations for better carrying into effect provisions of Section 44A. This is part of what I had mentioned earlier. The electronic version of the Senate Hansard Report is for information purposes only.A certified version of this Report can be obtained from the Director, Hansard and Audio Services,Senate."
}