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"content": "was represented. The Commission on the Implementation on the Constitution (CIC) was represented and we had a meeting from about 9.00 O’clock to 10.00 O’clock at night. The Bill that was published was the Bill that was agreed at that meeting. In fact, when there was an attempt to bring in some amendments through the Executive, we, members of the Committee, insisted that it must be published as agreed in the Cabinet Committee in which those constitutional bodies attended. So, I think that is important for record. Secondly, I want to say this: The Constitution in Article 38 - and I think this is very important because you must see the whole picture - is about political rights and it says that; “Every Kenyan has a right to participate in elections either as a voter or as a candidate.” For that right to be taken away, the Constitution in Article 24 says that: “You must justify that limitation if you have very important constitutional standard.” That is because what the Constitution gives, we take away. We have to be extremely careful and I do not think that the people in this House want to vote themselves away from this House and abdicate the whole rights as spelt out in the Constitution. Mr. Temporary Deputy Speaker, Sir, I also wanted to say that if you look at the Constitution itself, Articles 75, 76 and 77 show clearly instances in which you cannot be qualified as a candidate if you commit the offences or the mischief that is spelt out in Articles 75,76, and 77. Look at it carefully and if you commit offences or you are deemed to have done any of the things which are spelt out in Clause 13 of the Bill, then you are disqualified. I think you better look at this carefully, particularly Article 13(1)(i) which states: “not commit offences and in particular, any of the offences under Parts XV and XVI of the Penal Code, which has set out the Sexual Offences Act, 2006 and the Children’s Act, 2008.” That also applies to so many other numerous offences. So, really, if you look at this Bill, even bullying is not allowed. If you commit an offence that is considered to be bullying under this Bill, then you will not be entitled to be a candidate. If you think that I am just speaking, look at Clause 40 which is about enforcement. It says: “A person is not eligible for election or appointment to a State office if, after a fair administrative process--- I will pause there. “After a fair administrative process because the authors of this Bill are aware about Article 38, that you can only be stopped after a fair judicial processs. It goes on to say: “The person is found to have contravened the rules” and not even the offences. That is if you contravene the rules, regulations or the code. For example, a code set up by the Teachers Service Commission (TSC). If you violate or contravene the disciplinary code of the TSC, you cannot be a candidate. So, I do not know what type of angels you want us to run for office in this Republic. It says: “of entity” which means that it does not necessarily mean even public entities, but even professional bodies. If you are a lawyer and you commit violations of ethical standards as required by that professional body, you will not be a candidate. Part IV of this Bill is about enforcement of the leadership and integrity code and the issues of procedure and mechanisms as spelt out in Part IV. Finally, it gives the Commission the power to make regulations on how to lodge complaints, investigate complaints, disciplinary processes and mechanisms on the enforcement of the code so that, if there is anything that is not covered under this Bill, the Commission itself can provide for those procedures and mechanisms. Mr. Temporary Deputy Speaker, Sir, so, I want to conclude by saying yes, let the amendments come. But I think overall if you look at the Constitution, the Anti-"
}