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{
"id": 176533,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/176533/?format=api",
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"type": "speech",
"speaker_name": "Ms. Karua",
"speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
"speaker": {
"id": 166,
"legal_name": "Martha Wangari Karua",
"slug": "martha-karua"
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"content": "Mr. Temporary Deputy Speaker, Sir, we all know and appreciate that our voters' register is not up to date. We went to the elections with over 1.2 million dead voters still on the register and, therefore, those names were capable of being manipulated and used by anyone. Indeed, it is clear from the Report that they may very well have ended up being used. We also have a system that encourages impunity, from returning officers, clerks and election co-ordinators. Everybody within the electoral system can commit known offences and get away with it. That has encouraged impunity. Therefore, there is the recommendation that we need to consolidate and review our electoral laws to ensure that everybody is held to account in the electoral process. Mr. Temporary Deputy Speaker, Sir, the Political Parties Act, which is already operational, has already addressed some of these shortcomings. With proper enforcement, parties that indulge in malpractises that distort democratic practices will be penalised and could end up being barred from elections. The same applies to candidates or aspirants who commit those offences. However, the most important thing is that we need very far-reaching electoral reforms and those suggested in the Bill, which has been published today, are in line with the Kriegler Commission. So, as we approach any other election, including the intended referendum in the constitutional review process, we should have a totally new electoral system. We should also have, as the report recommends, a leaner, meaner electoral commission where the commissioners of such a body should be policy makers and should not, they themselves, engage in planning or 3908 PARLIAMENTARY DEBATES December 4, 2008 undertaking elections, which should be the work done by their secretariat. Those are reforms which most Kenyans have accepted. Actually, the average Kenyan wants to see those reforms implemented, so that we can have elections which everybody is confident with. We can also approach the electoral process without heightening tension in the country and without people having to fight over disputes about the results. Mr. Temporary Deputy Speaker, Sir, the most important lesson that we should learn from our past horrible experience is that, winning elections is democracy. Losing elections is also democracy. But for people to be comfortable with the results, we must engage in fair and transparent processes. That is what this Report is all about. I would like to urge hon. Members to accept the recommendations, and to also acknowledge that it is not only the Electoral Commission of Kenya (ECK) that may have committed errors. We should acknowledge that we, the political class, are guilty of perpetuating electoral malpractice, especially a culture of violence, a culture of rigging and a culture of corruption during elections. Once we acknowledge that, we will be able to lead the citizens whom we represent into rejecting all those vices and strengthening our democracy so that we can be a civil or civilised society that abides by its own rules. Mr. Temporary Deputy Speaker, Sir, I need not go through the Report word by word, but to mention that those who discuss only one section of the Report and not the others are not doing ourselves, as a nation, a favour. Let us all acknowledge where we have gone wrong. The media must acknowledge where it went wrong. I have started with us, the political class, including the civil society and the election monitors. Once we acknowledge that, then we will move to correct those mistakes and to strengthen our democracy. Mr. Temporary Deputy Speaker, Sir, with those very few remarks, I beg to move and seek to be seconded by hon. Mungatana."
}