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{
    "id": 1569499,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1569499/?format=api",
    "text_counter": 454,
    "type": "speech",
    "speaker_name": "Kilifi North, UDA",
    "speaker_title": "Hon. Owen Baya",
    "speaker": null,
    "content": " Hon. Speaker, you cannot allow a point of order because I am moving the Bill. We want those parties, even if it is a village party with only three Members of the County Assembly in that village, to account for every cent they receive. This new subsection ensures that accountability is prime. Clause 7 of the Bill repeals and replaces the whole Section 33 of the Principle Act. This clause provides for the establishment of the Independent Political Parties Regulatory Commission, which seeks to replace the current Office of the Registrar of Political Parties (ORPP). Subclause 2 establishes the Commission as a body corporate with perpetual succession, capable of acquiring and disposing of properties, suing and being sued, and performing all such acts and functions as a body corporate. This is a common clause across all commissions, so I do not need to belabour that. Clause 7(3) highlights the functions of the Commission, emphasising that in the performance of its functions, the Commission shall be independent—I appreciate the importance of the word independent—and not subject to the direction or control of any individual or authority. This is what Kenyans have been demanding. The Office of the Registrar of Political Parties was perceived as an appendage of the Executive. It fell under the Office of the Attorney-General, thus lacking much independence. Much like the Chapter 15 Commissions established in the Constitution, this Commission takes on a new form where it remains independent and is not subjected to any individual or authority, including myself. Clause 7 also outlines the membership of the Commission which will comprise five members: two members, one man and one woman, nominated by the majority party or coalition of parties in Parliament; two members, one man and one woman, nominated by the minority party or coalition of parties in Parliament; and one member nominated by the Parliamentary Service Commission (PSC), representing a non-parliamentary registered political party. Thus the majority will have their share of two members, the minority will have their two members, and those not in Parliament will also have an opportunity to nominate one member. I do not know whether we will experience the same saga as we did during the Independent Electoral and Boundaries Commission nominations, where various names were proposed without reaching an agreement, thus delaying the entire process. I think we also missed an important point, which is open to debate, and which Hon. Murugara will elaborate on for us: what about the independent members currently in Parliament? Do they have the opportunity to make a nomination, or should we disregard them simply because they are independent and do not require any affiliation? This is certainly food for thought. Clause 7 also outlines the qualifications necessary for appointment as a member of the Commission. These qualifications include the requirement to hold a degree from a university recognised in Kenya, demonstrated knowledge and experience in any of the specified fields, ten years of post-qualification experience in relevant areas of expertise, and compliance with the requirements set forth in Chapter 6 of the Constitution. Furthermore, this clause elaborates the grounds for disqualification from appointment as a member of the Commission. The ten years of post-qualification experience is crucial, as is the requirement for a degree. I appreciate this Bill because it does not limit us to the conventional notion that one must be a lawyer or a judge. Almost all commissions require one to be a lawyer or in that field. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}