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{
    "id": 192648,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/192648/?format=api",
    "text_counter": 117,
    "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"
    },
    "content": " Mr. Speaker, Sir, we have the utmost faith in the ECK as currently constituted. All the Commissioners have the requisite credentials and have discharged their duties effectively, including overseeing the December, 2007 general elections. Free and fair elections do not mean that there are no malpractices. It merely means that the work was done well. Mr. Speaker, Sir, it must not be forgotten that the 2007 election process, from the preparations to the election time, was declared a success. The only query that rose was on the \"super-tallying\" of the presidential vote. I am talking of \"super-tallying\", because the actual tallying occurs at the constituency-level, where the Civic, Parliamentary and Presidential results are done. Mr. Speaker, Sir, following allegations of acts of omission and commission by different players during the 2007 election, an Independent Review Commission (IREC) was established to investigate all aspects of those elections and make findings. Mr. Speaker, Sir, the Commission's terms of reference are known. They include analysis of June 24, 2008 PARLIAMENTARY DEBATES 1327 the constitutional and legal framework to establish the basis for the conduct of the 2007 election; identify weaknesses and inconsistencies in the electoral legislation; examination of public participation in the process and the electoral environment, including the roles and conduct of political parties, media, civil society and observers. In other words, the IREC is investigating all aspects of last year's general election. Mr. Speaker, Sir, I do not need to read all the terms of reference of this Commission. In light of this, I would urge that hon. Members allow the Commission to discharge its mandate and those who have information to give it to the Commission, so that we are able to know the truth about those elections. I would also want to say that the Constitution is very clear on the procedure to be adopted in case there was need to remove any of the members of the ECK. Mr. Speaker, Sir, the second issue is whether the Government is convinced that the ECK, as presently constituted, has the capacity to preside over the just concluded by-elections and enjoy the confidence of the Kenyan people. In addition to what I have stated, until the law is amended, the ECK, as by law established, has the mandate to direct and supervise elections in this country. I want to say that the just concluded by-elections were conducted well by the ECK. That does not mean that individual players may not have engaged in malpractices. Mr. Speaker, Sir, the third issue is whether the Government can justify why we cannot have minimum reforms relating to the ECK. I am stating that the constitutional review process is a political process. However, it must not be tied to political schedules like elections until the nation, through the National Accord, has identified the need for completion of the review process. I wish to inform the House that the Bills that will help us do so, have been published. It is now incumbent upon this House to discuss and pass them to enable the process to commence. Instead of engaging in piecemeal review, I would urge that we all help to end this process, once and for all, way ahead of any other general election. OPERATIONALIZATION OF THE POLITICAL PARTIES ACT Mr. Speaker, Sir, with regard to the Political Parties Act, I am happy to let hon. Members know that the President, on 22nd May, 2008, gazetted its operation date. It will come into operation on 1st July, 2008, which is next week. We will require the promulgation of regulations and putting in place the various administrative measures for the smooth operation of this Act; more so, familiarisation by hon. Members and political parties, of the requirements of this Act. Thank you, Mr. Speaker, Sir."
}