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"id": 52287,
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"type": "speech",
"speaker_name": "Mr. M. Kilonzo",
"speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
"speaker": {
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"legal_name": "Mutula Kilonzo",
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"content": " Mr. Speaker, Sir, let me begin again. The specific object and purpose of the Bill is to - (a) provide for the operations, powers and functions of the Commission to supervise elections and referenda at County and National government levels; (b) provide a legal framework for the identification and appointment of the chairperson, members and the secretary of the Commission; (c) provide for the manner of the exercise of the powers and functions of the Commission; (d) establish mechanisms for the Commission to facilitate consultations with interested parties pursuant to Article 89(7) of the Constitution; and (e) establish mechanisms for the Commission to address issues arising out of the first review. Mr. Speaker, Sir, before I delve into the background and highlight of the Bill, allow me to highlight a few principles of election law and practice which I hope will provide valuable insights in developing the election laws and their management in this country. Mr. Speaker, Sir, allow me to quote from one of the largest treatise of law on elections and practice published in 2004 in India, from my own research, the largest most functional democracy in the world. It is called Challaâs Election Law and Practice as of 2004. It states as follows:- âFor democracy to survive, rule of law must prevail. It is necessary that the best available men should be chosen as peopleâs representatives of proper governance of the country. This can be achieved only if elections are contested on a positive vote and the comparison is between the merits and abilities of the contestants without the influence of power as opposed to their comparative demerits and the support of money power.â Mr. Speaker, Sir, in the Kenyan situation I could go further and quote the influence of electoral violence, bribery of voters and very many issues, including corruption and so on, but I will not do so, because it would demean and reduce the efficacy of Mr. Challaâs observation. There is little doubt that these objectives cannot be achieved without an independent and a credible electoral management system."
}