HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 176535,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/176535/?format=api",
"text_counter": 210,
"type": "speech",
"speaker_name": "Mr. Mungatana",
"speaker_title": "The Assistant Minister for Medical Services",
"speaker": {
"id": 185,
"legal_name": "Danson Buya Mungatana",
"slug": "danson-mungatana"
},
"content": " Mr. Temporary Deputy Speaker, Sir, I beg to second the Minister for Justice, National Cohesion and Constitutional Affairs in moving this Report. Mr. Temporary Deputy Speaker, Sir, the Report of the Independent Review Commission on the General Elections held in Kenya on 27th December, 2007, sought to specifically examine the integrity of the entire process of electioneering; a process that began from voter registration, nomination of candidates, counting of those votes, transmission of results after counting, tallying of the results of the election, resolution of disputes that came out of those election results and the tallying process and post election procedures. This Report also sought to look at the functionality and independence of the ECK. So, Mr. Temporary Deputy Speaker, Sir, it is a big Report that needs a very sober debate. There is a lot that one can say, but on the whole, there are a few things that I would like to say. First of all, I would like to acknowledge the work that Justice Johann Kriegler did for this country. This is one of the things that was agreed by the people who were trying to reach a consensus at a time when things were very difficult in this country. I would also like to commend the work of the Vice- Chairperson, Lady Justice Iman Daud Aboud, Prof. Marangu M'Marete, Catherine Muyeka Mumma, Lucy Kambuni, Francis Aywa, Horecio Borneo and Prof. Jorgen Elklit, who was the Secretary of the other Commissioners. Mr. Temporary Deputy Speaker, Sir, first and foremost, there is need for us to agree with this Report. We need to have a clear constitutional and legal framework, amendments and introduction of new laws into this country, so that we can manage our electoral processes better. Mr. Temporary Deputy Speaker, Sir, there is a clear requirement, and I agree with the December 04, 2008 PARLIAMENTARY DEBATES 3909 recommendations in this Report, that the Election Offences Act Cap.56 needs to be looked at afresh. Are we able to punish offences when they occur during electioneering? Are we able to ensure that the candidates are doing the right kind of campaigning? We need to change the laws to punish offenders and inciters, whether they are candidates or otherwise. Mr. Temporary Deputy Speaker, Sir, The Public Order Act, Cap.56, needs to be looked into afresh. When a candidate is campaigning, or moving his voters, and at the same he has been told that they cannot hold a rally there because another candidate had pre-booked it and this is ignored, what do you do with such a candidate? We need to create some teeth and review the laws that affect public order during electioneering. The same thing applies to the Penal Code. Obviously, we need to change the way we have managed elections Constitutionally and the powers we have given to the Electoral Commission of Kenya (ECK). The recommendations here are profound, and I am happy to note that today, the Bill that will make some amendments on the ECK, the Constitution of Kenya (Amendment) Bill, has already been published. So, this is in keeping with the recommendations that are in the Kriegler Report that we are debating today. There is need to re-organise the entire structure of the Kenyan electoral management system. In some countries, you have only one person who is the commissioner, then the rest of the system works with that person. In some other countries you have only three commissioners. We need to sit down and agree that there is need to re-conceptualise what our ECK should be looking like. We even need to re-name the ECK, because this is one of the recommendations, so that a new image and concept of transparency are appreciated by the people of Kenya. Even on the issue of the funding of the ECK; are we saying that it should be coming here as a Budget item under the Ministry of Justice, National Cohesion and Constitutional Affairs as it has been happening? There is need to restructure that. For the ECK, or whichever new body we shall come up with, as a Parliament, we need to accept that it needs to have a different way of accessing money. I say this because, for example, in my own constituency, Garsen, we all know where the tallying is going to be done. We all know that it is an empty hall, and that there are possibilities of disruptions. The ECK needs to have enough money to create barriers, because we all know that in 2012, we are going to tally vote totals. We need to have money set aside for that purpose. We all know that we are going to be tallying and the process will need to be better managed. We all know that we need computers. But is the money that we vote here through the Ministry of Justice, National Cohesion and Constitutional Affairs as an item enough? Mr. Temporary Deputy Speaker, Sir, I am very happy today that we have the Fiscal Management Bill that has a specific item under Clause 15, that says that Parliament and the Budget Office will sit down to approve money for purposes of the elections in the year of the elections. That is a good move, but we need to have money specifically--- I believe that we need direct charge to the Consolidated Fund, so that this body is truly independent. It might be more expensive, but if you think of the losses that we had in the month of January, then it is cheap to spend that money. Many hon. Members would like to contribute; so, I would like to stop there and just urge the House to adopt this Report, so that we can start implementing it as soon as possible. With those few remarks, I beg to second."
}