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"id": 27725,
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"type": "speech",
"speaker_name": "Mr. Munya",
"speaker_title": "The Assistant Minister for East African Community",
"speaker": {
"id": 279,
"legal_name": "Joseph Konzolo Munyao",
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"content": " Mr. Temporary Deputy Speaker, Sir, I would also like to add my voice in supporting this Bill. This Bill is clearly an improved version of the previous Bill in the sense that it gives some strength and teeth to the Independent Electoral and Boundaries Commission of Kenya to be able to manage elections effectively. It is a very good improvement. However, there are a few concerns that we have raised which need to be addressed so that the Bill can be improved further. One of the key concerns is the attempt by the Bill to put other conditions for qualifications to be elected other than the ones that are already provided in the Constitution. The Constitution exhaustively handles the provisions and offences that bar a candidate from running. When we try to do that through ordinary legislation, by giving additional provisions barring candidates from running, what we are attempting to do is to amend the Constitution through the back door. This is unacceptable. If the drafters of the Constitution had wanted more conditions to be put, they would have done so. So, the list they have given is exhaustive. We cannot have any additional requirements for you to be disqualified from running other than the ones that have been provided in the Constitution. Mr. Temporary Deputy Speaker, Sir, there is also another provision that has been put under Clause 26(2)(g). It says:- “A person is disqualified from being elected a member of a county assembly if the person- (g) has been found, in accordance with any law, to have misused or abused a State office or public office or to have or to have contravened Chapter Six of the Constitution.” Whereas the drafters intended to implement Chapter Six of the Constitution, it is not clear in this provision who will find you to have violated that chapter. Is it a court of law? Is it a specific body to be set to do that job? Who is this person who will scrutinize a candidate and decide this candidate has abused office or contravened Chapter Six? So,"
}