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{
    "id": 27434,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/27434/?format=api",
    "text_counter": 270,
    "type": "speech",
    "speaker_name": "Mr. M. Kilonzo",
    "speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
    "speaker": {
        "id": 47,
        "legal_name": "Mutula Kilonzo",
        "slug": "mutula-kilonzo"
    },
    "content": "I suggest, very humbly, that hon. Members see Clause 76 of the Bill and use the wisdom of the House to fertilize it with better or improved ideas, if you do not accept it the way it is. Mr. Temporary Deputy Speaker, Sir, the Bill further entrenches a statutory limit to ensure that election petitions are finalized in good time. This is in the spirit of the Constitution. It provides that elections petitions must be heard and determined within six months. Never again - and this is in Clauses No.77 and 87 of the Bill - Never again, because I have practiced law like you, Sir, where petitions went on and on and the voters who elect these Members of Parliament, did not know who represents them because the disputes raise fundamental issues regarding the election itself. Therefore, please look at these clauses with two eyes and consider them very carefully, so that we can improve on them. Hon. Members will recall that the Kriegler Report recommended that State radio and television must allocate reasonable airtime to all candidates and political parties participating in an election. This Bill provides that all candidates and political parties participating in an election are allocated reasonable airtime on State radio and television during the campaign period. That is in Clause No.110. State owned media such as Kenya Broadcasting Corporation (KBC) should further strive to offer balanced coverage to all the players in the election. In addition, the Commission has also been empowered to prohibit any media house that contravenes the code of conduct described under the Media Act from transmitting information relating to an election. In addition, the Commission may issue directives to the media to ensure that the obligations of the media are upheld. You will find that in Clause 42(5). This will go a long way to mitigate the possibility of misinformation as was witnessed in several regards during the 2007 Elections. With regard to the registration of voters, it would be recalled that the Kriegler Report further recommended a move to a new registration system that integrates issuance of National Identity Cards (ID) with voter registration so that, voters are allowed to vote with the simple presentation of the National ID card. I feel privileged and proud as a Kenyan presenting this proposal to the National Assembly so that we can eliminate a lot of the challenges that our voters face at the polling stations. To this end, the Bill proposes that a person whose name appears in a register and who produces an identification document be entitled to vote. That is Clause No.10 of the Bill. Concerning voter information and education, the Bill proposes that voter education should not only occur during an election period or a year, but on a consistent basis throughout every year. We have provided that in Clause No.41 and we recommend it to the House. In conducting civic education, we are also proposing the involvement of the young people, particularly students, who might help to interest younger voters and which will also strengthen the bond between the older and younger elements of communities to eliminate the often noticed debate between the old guard and the new guard, which is completely unwarranted and unnecessary. Furthermore, the design of voter education material should factor in the various needs and interests of target groups. It should also introduce simplified teaching of the key principles and values relating to the right of voting in schools from the elementary stage. Mr. Temporary Deputy Speaker, Sir, we have also taken trouble to address and renew the concept of election offences so that we can frighten those politicians who continue thinking that the only way to get elected into Parliament is to violate every rule in the book. Allow me to draw the attention of hon. Members to the election offences, particularly in Part VI of the Bill, which proposes to criminalize certain actions so as to ensure a free and fair election. The Bill proposes to create offences and provides stiff penalties for offences relating to multiple registrations as a voter, forgery of ballot paper, making of false returns, impersonation, cheating, undue influence, bribery, use of force or violence or the use of public resources. It is my privilege this afternoon to put on record the provisions of the Constitution, Article 81, as to the requirements of elections so that, if there is anybody in doubt--- I think time has come for Kenya because I am going to make a few statements now – this is at page 55 of the Constitution. Time has come for my country; your country; to come to terms with Article 81 of the Constitution and it says as follows:- “The electoral system shall comply with the following principles. (a) Freedom of citizens to exercise their political rights under Article 38. (b) Not more than two-thirds of members of elective public bodies shall be of the same gender.”"
}