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{
    "id": 333224,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/333224/?format=api",
    "text_counter": 361,
    "type": "speech",
    "speaker_name": "Mr. Wamalwa",
    "speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
    "speaker": {
        "id": 148,
        "legal_name": "Eugene Ludovic Wamalwa",
        "slug": "eugene-wamalwa"
    },
    "content": " Mr. Temporary Deputy Speaker, Sir, perhaps hon. Khalwale did not get me. There was a decision in court. Already the Diaspora had challenged the Government as to why it had not implemented or effected the realization of this right. That decision has already been made in High Court Civil Case No.331 of 2012. When you look at the elaborate decision by the court, it also answers the questions by hon. Neto and hon. Odhiambo-Mabona about the progressive approach. Hon. Neto said realization of political rights cannot be progressive. The Constitution says under Article 82(1)(e) that it is progressive and requires Parliament to enact legislation to provide for the progressive registration of citizens outside Kenya, and the progressive realization of the right to vote. This is our Constitution under Article 82. Under Section 109 of the Elections Act, Parliament is also allowed to approve regulations made by the IEBC; it is allowed to make regulations to prescribe procedures for registration and issuance of ID cards and voter’s card, and to provide for progressive realization of these rights. So, both in the Constitution and in the Election Act, the principle of progressiveness is embraced. What the Government is saying really--- The court described what “progressive” means and one Member did ask about this. Mr. Temporary Deputy Speaker, Sir, the concept of progressive realization constitutes recognition of the fact that full realization of all economic, social and cultural rights will generally not be achieved in a short period of time. Nevertheless, the fact that realization over time, or in other words progressively, is foreseen under the covenant should not be misinterpreted as depriving the obligation of all meaningful content. So, what we are talking about is really the practicability. The Government is willing. They say the State is willing but the procedure is weak; we are facing constraints and challenges locally, let us get it right locally for the 18 million Kenyans. We have heard what happened in 2007/2008; we can look at the rights of the other 700,000 or so Kenyans living outside. In the meantime, let us go out. Let us engage, let us conduct our census. Let us put in place mechanisms to ensure the realization of these rights; this will be done progressively. There was a finding by the High Court; it is what informed the decision of the Cabinet. But this does not mean all is lost. Why it was belated was because we were trying everything to empower IEBC. We have given them more money. We have given them new equipment. We have given them all the support; even where they have faltered, the Government has stepped in to hold their hand. There was a Government to Government arrangement that was entered into with the Governments of Canada and France. The Government is giving the IEBC full support and we have full confidence in this institution; but for now----"
}