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{
    "id": 478140,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/478140/?format=api",
    "text_counter": 348,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Hon. Speaker, we received a number of memoranda from members of the public pursuant to the advertisement that was sent out by the Clerk of the National Assembly. We received two memoranda in support of the Independent Electoral and Boundaries Commission (IEBC) and we received one memorandum in opposition of IEBC. Thereafter, we then invited the Commissioners of IEBC, after having received notice to give us written submissions on issues that had been raised by the Petitioner. They forwarded to us a written submission in which all the nine Commissioners appended their signatures. When they appeared before the Committee, they confirmed that all of them have appended their signatures to that response and they stood by its contents. Hon. Speaker, having listened to all the parties, the Committee then receded to consider all the issues raised. We would like to register our profound gratitude to yourself and the Clerk of the National Assembly for having extended the support to this Committee in terms of providing facilities for us to meet even at very short time, particularly providing facilities that were appropriate for carrying out the interviews which we conducted. We would like also to thank members of staff who were very supportive. They worked for long hours to ensure that the reports were prepared in time. The Petitioner had sought the removal of IEBC Commissioners on three main grounds as clearly stated in Article 251 of the Constitution. The grounds in which the Petitioner sought to rely on were as follows:- (i) In the exercise of the registration of voters and compilation of voters register and in the conduct of the general election by the Commissioners, they mis-conducted themselves and they did not do it in accordance with the law. (ii) They were in serious violations of the Constitution and the laws of this country. (iii) They were incompetent in the management of the 2013 elections. Hon. Speaker, the law is very clear. Article of 251 of the Constitution states that:- “Any petitioner who seeks the removal of members of a constitutional or independent commission or the so-called Chapter 15 - Commissions or Article 59 on Commissions - would need to support the grounds with facts as to why those commissioners must be removed.” In supporting the Petition, the Petitioner stated that the IEBC Commissioners mis- conducted themselves in the procurement of the Biometric Voter Register (BVRs) and the Electronic Voter Identification Device (EVID) equipment during the general elections. Therefore, the Commissioners grossly mismanaged the use of public finances contrary to Article 201 of the Constitution as read together with Article 10. The Petitioner sought to rely on the following documents, in his own Petition:- (a) The documents presented by the Petitioner and IEBC to the Supreme Court in the Presidential Petitions Nos. 3, 4 and 5 of 2013. (b) Election petitions and appeals filed in the High Court, Court of Appeal and Supreme Court on Gubernatorial, Senate and National Assembly seats. (c) The discrepancies in IEBC elections data as shown by the elections returns presented to the National Assembly and posted by the IEBC. (d) Reports and analysis by various organizations namely: The Kenya Human Rights Commission, Mars Group, Standard Media Group and others not mentioned. 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."
}