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{
    "id": 461766,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/461766/?format=api",
    "text_counter": 323,
    "type": "speech",
    "speaker_name": "Hon. (Prof.) Nyikal",
    "speaker_title": "",
    "speaker": {
        "id": 434,
        "legal_name": "James Nyikal",
        "slug": "james-nyikal"
    },
    "content": "It percolates that basically if we can effectively control the use of money in elections, we will control corruption to a very large extent. The process of contributions during elections in itself removes the right of people and to an extent it removes even the independence of the people who are elected. It is not only during the process of election, but even when people are in positions they have been elected into. You will still find that the process that brought them in is affecting their performance. Maybe with the exception of a few cases and some of us are lucky, leadership has been to a large extent limited to people with wealth and it has created the impression amongst the populace that when you seek an election post, you are a wealthy person. To a large extent, the role of a Member of Parliament and other elected persons has been corrupted. People have thought that if you can go there, you have enough money. When we came to this Parliament, the big debate was about the salaries of the Members of Parliament and we missed a point; to look at the role of an elected Member of Parliament. The social responsibities that they have, is that really their role? The electoral process has created the impression that, that is their role. There is undue influence by the contributors, whether they are local business people or foreigners. This issue of contributions, nobody bothered to find out what it was basically. Therefore, to have a law at this time, if we can implement it, is very important. The role of harambees in our election system has been dubious. Even when we enacted a law during the last elections, as hon. Millie said earlier, we did not follow those laws. As more laws come in, these are issues that will go a long way in strengthening democracy and making it real and not limiting it to the people with money. The use of money creates domination of certain vulnerable people in the society. If it is left that only the rich and people who can make large contributions and who can use expensive means to campaign go into elective positions, then a lot of people who can make good contributions and spur growth and development in the country are left out. As regards the parties, the Members have said that we lack discipline within parties. If we can bring laws that regulate the spending within the parties, we will go a long way. We are all aware of how painful the nomination processes tend to be. I found this as a major step in the democratization in our country. All the reforms that we have been talking about and that have been brought about by the Constitution; this may anchor that and facilitate a lot more reforms than we can imagine. May I also say that we need a lot of amendments. I have tried to go through this and there are many areas where amendments will be needed. For example, the definition of “campaign financing” which goes as the money used during campaigns needs amendment. Well, you have other things to do. You need to say that it is the money used during campaigns for the purposes of the election. Those are areas which we will have to look at. There are areas which will also need to be looked at, for example, Clause 10(g). It talks about the referendum expenditure and nomination expenditure. In a referendum, we all know that there is no nomination process. Those are things that probably we have not looked at carefully. If you look at Clause 12(5) which says that the disclosures that we are talking about will be confidential, I see no use whatsoever in a disclosure that is confidential. In fact, if it is public, it will almost be self implementing. We have areas like Cluse 13(3) which tends to be a little too lenient. It provides that if there is failure of disclosure and it The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}