Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 174969,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/174969/?format=api",
    "text_counter": 352,
    "type": "speech",
    "speaker_name": "Prof. Anyang'-Nyong'o",
    "speaker_title": "The Minister for Medical Services",
    "speaker": {
        "id": 193,
        "legal_name": "Peter Anyang' Nyong'o",
        "slug": "peter-nyongo"
    },
    "content": " Mr. Deputy Speaker, Sir, I rise to support this Bill. I would like to point out one or two things for a very short period of time in support of the Bill. One of the things I would like to point out regards the fears of certain members of staff in the ECK. They expressed fears that if this Bill is passed, then they would lose their jobs. I would like to point it out to the Fourth Estate to spell it out very clearly because we do not want any misunderstanding with ordinary Kenyans serving in the ECK as ordinary staff. If you look at Clause 41(14) at the bottom of page 1477, it states very clearly: \"Notwithstanding the provisions of subsection (2), a person who immediately before the commencement of this Section served as a commissioner or was a member of staff of the Electoral Commission of Kenya established by Section 41 now repealed, shall cease to be a commissioner or member of staff at the commencement of this section\". There is then a proviso: \"Provided that a member of staff affected by this subsection shall be eligible for redeployment in the public service\". That proviso should reassure the ordinary members of staff in the ECK that there will be a process of redeployment to the Public Service and they will not lose their jobs all together. Nonetheless, it must be pointed out that the roles that the ECK played during the recent General Election raised a lot of concern not only to Kenyans, but also to the world as a whole. Not only were the commissioners complicit in the process of subverting the process of free and fair elections, but there are certain members of staff who were used as hirelings of these errant commissioners in subverting the process. It will, therefore, be necessary that in the process of redeployment a very careful assessment is done to ensure that those who are responsible in subverting the democratic process do answer to their transgressions. Mr. Deputy Speaker, Sir, this Bill is also very important in the sense that as we establish the 4134 PARLIAMENTARY DEBATES December 16, 2008 interim independent ECK, we bear in mind that an independent ECK is extremely important to our democratic process - A Commission that will not be intimidated by the Executive; a Commission whose work will not be undermined by the security forces; a Commission that will be filial in defending the democratic process and ensuring that those elected by the people carry the mandate of the people to serve the Republic. The current ECK was intimidated by the Executive and subverted by the security forces. We know, for certain, that it was least independent in that process. Mr. Deputy Speaker, Sir, we know for certain that when all is said and done, those members of the security forces and in the Executive that forced the Electoral Commission of Kenya (ECK) to perform these transgressions should, indeed, stand ashamed as Kenyans are passing this Bill today. We also hope that in future, the balance of power in a democratic Government; the fact that there should be autonomy of functions among the Legislative, Judiciary and Executive will, indeed, be maintained. That the new ECK will be a true referee in the process of elections and will ensure that their members of staff are not misused either by the Commissioners or by any other person to subvert the democratic process. Mr. Deputy Speaker, Sir, as the Commissioners take their leave and go into normal life, let them understand that Parliament is doing this today for the welfare of society and the just governance of people, a motto that is inscribed at the entrance of this august Assembly and one that should, in future, be defended by an independent electoral commission. I beg to support."
}