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{
    "id": 1494750,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1494750/?format=api",
    "text_counter": 467,
    "type": "speech",
    "speaker_name": "Sen. Osotsi",
    "speaker_title": "",
    "speaker": {
        "id": 13588,
        "legal_name": "Osotsi Godfrey Otieno",
        "slug": "osotsi-godfrey-otieno"
    },
    "content": "what is happening in the country, because without an IEBC, we run a major constitutional risk. I am surprised that even a mere decision of coming up with a selection committee; people who will serve maybe for three months has dragged in court. Even after the court made a decision on that, some other people rushed to court. Why are the courts entertaining all this? They need to take judicial notice of what is happening to the country and of the fact that the un-availability of IEBC is a serious, problem and risk that can lead to a constitutional crisis. It is important for us to have an IEBC, so that by-elections can be held and the people of Banissa and other several electoral areas who do not have representatives can have them. Some are even unable to get services, because they do not have either a Member of County Assembly (MCA) or a Member of Parliament (MP). Clause 18 of the Bill is seeking to amend Section 33 of the Act which deals with the issue of gazettement of names of political party candidates and independent candidates to contest in an election. This is important, so that all these candidates even the independent ones are properly gazetted before an election. The amendment to Section 34, which is contained in Clause 19, talks about the people nominated who must be natives of those counties. This is important because we have seen scenarios where people coming from other counties are nominated in a different county. That effectively discriminates against the locals of that area. For example, some time back we had someone from Kisii County who was nominated in Vihiga County. I know in Sen. (Dr.) Khalwale’s Kakamega County, we had people from North Eastern region and Siaya County, who were nominated. This amendment will heal that. On the requirement of nominating candidates, we must take into account the balance of wards in that county, so that we do not have all nominated slots going to a few wards, and you find the other wards being left out. That is a very progressive amendment, and I support it. Mr. Temporary Speaker, Sir, Clause 20 of this Bill is seeking to amend Section 38 of the Act, that provides that the polling station shall be gazetted at least three months before the date of an election. This is important so that we do not have a scenario where we have late gazettement of polling stations that creates confusion, and where, during court processes we were told that some un-gazetted polling stations were involved in the election. So, it is clear, that at least three months before the general election, we must gazette all the polling stations in a particular electoral area. If you look at Clause 22, which is seeking to amend Section 39 of the Act to state categorically that- “The Commission should determine, declare, publish the results of an election immediately after the close of the polling station, and the results declared at the polling station shall be final.” Mr. Temporary Speaker, Sir, this is a progressive amendment, and it is important that we also have transparency in those polling stations, so that we have election observers, political party agents and all the people who are supposed to verify. Mr. Temporary Speaker, Sir, I would like to go back to the issue of political party agents. Kenya is among the few countries which are innovative in strange ways. If the 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."
}