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{
    "id": 27442,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/27442/?format=api",
    "text_counter": 278,
    "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 think it is the determination of the case. Allow me to consider this; and I am glad you have noticed it with a view to addressing it and listening to the wisdom of this House as we go along. Mr. Temporary Deputy Speaker, Sir, the idea behind this is that the Commission, if it arrests a person who is bribing voters or committing violence, they ought to be able to issue sanctions which may include disqualifying that person from continuing with the campaigns or something of that nature. But again, as I said I am ready to listen to the House on this very important law. There are other provisions here; the Electoral Code of Conduct is found at page 106. It is very elaborate. It has been debated over a long time. We got the raw draft from my Ministry to the Constitution Implementation Commission (CIC) in February. This Bill has received an enormous amount of public consultation but it is now on the Floor of this House. In fact, at page 103 you will find the First Schedule. We have also provided for the election of the Speaker of the County Assembly in compliance with the Constitution. We welcome consideration and advice from this House as to how best to move this forward. Mr. Temporary Deputy Speaker, Sir, you will also find that we have provided for the conducting of referenda. I am afraid most people in this country have not noticed that although we had a wonderful referendum last year, we did not have a referendum law. We still do not have a referendum law and yet there is an enormous provision in the Constitution for holding regular referenda. I suggest and would request hon. Members to look at this Bill from that perspective so that you can be able to add to the value and so on. You will see this on page 979; Clauses 76 onwards. On election offences, we have tried the best that we can to make sure that we can make it once and for all clear to those people who want to participate in bribery, for example, Clause 65 onwards. We have made very elaborate provisions. However, the one I admire most is the one dealing with harambees during an election year. Mr. Temporary Deputy Speaker, Sir, Clause 59 at page 956 of the Bill is offences relating to voting. It is a continuation of Part VI which starts at page 954. It deals with election offences. Recall of a Member of Parliament is very important. We are also required to enact a law on this issue. I think it requires a very sober debate. We have debated it for a long time in the Ministry since the Constitution was promulgated. You find it on page 947, Clause 46 onwards. We have tried to balance two issues; the desire of the public to know that they are getting value for their votes from the person they elected but at the same time we do not want unscrupulous and petty applications and petitions for the removal of a Member of Parliament who thinks that he is doing his job to the best of his understanding. Therefore, I also ask the House to look at clauses 46, 47 and so on, to consider this requirement because it is a law that is required to be passed before the end of this week. Mr. Temporary Deputy Speaker, Sir, the rest of the Bill is quite attractive although you will notice we have defined “ harambee” for purposes of this particular Bill. I think it is at page 920. I think it is also very essential that hon. Members contribute to this proposal:- “ Harambee means the public collection of monies or other property in aid or support of a cause or a project” I beg to move. Again, my good learned friend who has been really--- I could use Kiswahili or Kikamba, but he has been in support of the works that I have been doing together with the other Members of the Cabinet. Allow me to call on Mr. James Orengo, my year-mate at the university, to second this important law."
}