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{
    "id": 47713,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/47713/?format=api",
    "text_counter": 256,
    "type": "speech",
    "speaker_name": "Dr. Nuh",
    "speaker_title": "",
    "speaker": {
        "id": 114,
        "legal_name": "Nuh Nassir Abdi",
        "slug": "nuh-abdi"
    },
    "content": "Mr. Temporary Deputy Speaker, Sir, like I said, I just want to point out a few issues and this will come with appointments. I know we have talked of staggering appointments because we want that continuity and retention. But even for the first one year where you want to operate with a minimum of four or five Commissioners, the work will be hampered. Having a commission that would work on part time basis is not a commission that we would want to oversee our elections. We want a commission that is full time and whose Commissioners have dedicated their man hours. If they are supposed to work for eight hours, then we know that they are working eight hours round the clock to oversee that Kenyans will never again fight because of who won and who lost the elections. If we are doing it merely because we want to save on resources, democracy comes with a price. We do not want to say that we want a democratic country where elections are not only free and fair, but are seen to be free and fair and we want to still guard on resources and say that we want to spend a minimum. If the intent of having a part-time commission or some of the Commissioners serving on part time basis is basically because we want to save on resources, then we are not doing the right thing. We want a commission that is full time. I do not even see the need for staggering appointments because if we wanted continuity, we can still retain some of the Commissioners. We can suit the law in such a way that you can have one or two retained from the previous commission. But even if we have to make the appointments, let us say, six months earlier than the expiry of the previous commission, that will do. I do not think you need to starve the commission to operate with a minimum of four of five Commissioners in the first one year just because you want to stagger the appointments. Mr. Temporary Deputy Speaker, Sir, the final position that I want to talk about is the mode of these appointments. In the First Schedule, we talk about the procedure of the appointment of a Chairperson and the members of the Commission. That is where everything begins. We say that:- âFor the for the purposes of this Act, the President shall, within fourteen days of the commencement of the Act or within twenty one days of the vacancy arising in the Commission, appoint a Selection Panel comprising of a chairperson and eight members drawn from distinguished professionals and private sector or the public service with relevant expertiseâ. I do not see where this is coming from. In some section that follows, we are told that:- âFor the purposes of the appointments of the first selection panel and the Commission, the President shall act in consultation with the Prime Minister in accordance with the Constitutionâ. I do not know whether we lack a credible body that can recruit. That is all this is for. Why would we again want single handed appointment of what we are calling a selection panel that will ultimately recruit the Commission? Let us go ahead and tell President Kibaki and the Prime Minister to appoint the Commission because that is what we want to say. Why would we want to go through theatrics and hide behind some funny selection panels? Let us straightly say: âOkay, let them appoint the Commission and we vet as a House and approveâ. That is what this part has said. It is just hiding behind a selection panel that is appointed. Even the criteria of such a panel, just blankly says âor professionals from the private sector and the public serviceâ. So, the selection panel would be appointed by the President and the Prime Minister, which will come and appoint for us, that is how I would put it, a Commission that would be credible to oversee elections. Then we are treated to the theatrics that the President has not consulted and they have not agreed with the Prime Minister. We are creating very many wrangles. There are relevant bodies in this country, starting from the Public Service Commission, which can carry out recruitment exercise of the Commission and this House can subject the Commissioners to the scrutiny that they ought to go through. This House can subject them to the scrutiny that they ought to go through. The relevant Committee and the House can also subject them to the scrutiny that they ought to go through. They can be vetted. So, why should we hide behind a jargon that a selection panel appointed by the President and Prime Minister is the one that will do the recruitment of the Commission? I think we are losing sight from the word go."
}

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